Did the Steenkamp family have any say in this case from the beginning and during and now with the sentence? If they had no input in the case and they write a book with possibly something that could have affected the case, can that info be used sometime down the line or could it be new evidence that could make the book a best seller and make them plenty money?
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Oscar Pistorius: The Sentence
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marine1
Honorary Master
Can guarantee he is worried now and so is OP
marine1
Honorary Master
I think they were kept in the loop as a matter of courtesy that's all
They may wish to argue means of introducing further evidence but generally an appellate court is bound by the four corners of the record. The point at this juncture though is that the State is seeking leave to appeal. I hope but don't expect that the refusal to grant leave will include written reasons rather than simply fall to a lack of prospects of success.
What I find promising is this:
why? The instructing attorney is likely to brief somebody to prepare the responding papers
It is a long, very long, N1 length road to get to a trial de novo
MagicDude4Eva
Banned
Well it's pretty much a "damn if you do and damned if you don't". Maybe I am expecting too much from lawyers (and this is probably why I would suck at practising law), but as Barry Roux, from a credibility point of view he would have to stand up in court against Nel when it comes to appeal. If he doesn't then it comes across (at least for me), that BR is not doing it because OP has no money (which is shallow). If he does continue representing OP, he stands a strong chance of losing and OP getting a higher conviction/sentence.
I guess there are times to just walk away and take a long holiday until everything blows over. Somehow I do think that between GN and BR there will be some egos coming out in court again. Unless lawyers do not get involved personally in anything and treat a defeat just as that and move on.
Ok so if mommy knew some stuff about Reeva and Oscar but it never came up in court, would that be an issue now when people read it in the book?
daveza
Honorary Master
As Pistorius is now 'broke' will his lawyers continue working for no payment ?
AthenianOwl
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Hahahaha! Pistorius family is so ****ed 
marine1
Honorary Master
Hearsay evidence
marine1
Honorary Master
I don't for one minute believe OP is broke this was all just for the show. Now let's see what happens this is a good day for law and justice. Let's see if the powers that be agree masipa was wrong
I would expect Roux to defend his client in the appellate court if it got to such a juncture but if they fail to pay his fee he certainly can refuse
however my point is that at this juncture there isn't an appeal to stand up to
as a trial practitioner dealing with leave to appeal and whatnot may quite honestly be outside of his remit
Nel on the other hand will probably have to do a lot of work and be a master of all trades
LazyLion
King of de Jungle
PISTORIUS FAMILY SAYS LAW MUST TAKE ITS COURSE
The law must take its course regarding the State's intention to appeal the conviction and sentencing of Paralympic athlete Oscar Pistorius, his family said on Tuesday.
"We take note of the State's announcement. The law must take its course," his uncle Arnold Pistorius said in a statement.
The National Prosecuting Authority (NPA) said on Monday the State would appeal Pistorius's conviction of culpable homicide and the sentence he received.
"The appeal on conviction is based on the question of law," spokesman Nathi Mncube said in a statement.
"The merits and the demerits of the NPA's argument in this regard will become evident when we file papers for leave to appeal."
Last Tuesday, Pistorius was sentenced in the High Court in Pretoria to five years in prison for the culpable homicide killing of his girlfriend, law graduate and model Reeva Steenkamp.
For discharging a firearm at Tasha's restaurant in January 2013, he was sentenced to three years in jail, suspended for five years.
The sentences would run concurrently Judge Thokozile Masipa ruled.
Mncube said prosecutor Gerrie Nel and advocate Andrea Johnson, had been studying the judgment, doing research, and consulting legal experts to establish if there were sufficient grounds to lodge appeals.
"The prosecutors are now preparing the necessary papers in order to be able to file within the next few days."
Pistorius's defence team could not be immediately reached for comment.
Source : Sapa /mr/jk/jje
Date : 28 Oct 2014 10:06
The law must take its course regarding the State's intention to appeal the conviction and sentencing of Paralympic athlete Oscar Pistorius, his family said on Tuesday.
"We take note of the State's announcement. The law must take its course," his uncle Arnold Pistorius said in a statement.
The National Prosecuting Authority (NPA) said on Monday the State would appeal Pistorius's conviction of culpable homicide and the sentence he received.
"The appeal on conviction is based on the question of law," spokesman Nathi Mncube said in a statement.
"The merits and the demerits of the NPA's argument in this regard will become evident when we file papers for leave to appeal."
Last Tuesday, Pistorius was sentenced in the High Court in Pretoria to five years in prison for the culpable homicide killing of his girlfriend, law graduate and model Reeva Steenkamp.
For discharging a firearm at Tasha's restaurant in January 2013, he was sentenced to three years in jail, suspended for five years.
The sentences would run concurrently Judge Thokozile Masipa ruled.
Mncube said prosecutor Gerrie Nel and advocate Andrea Johnson, had been studying the judgment, doing research, and consulting legal experts to establish if there were sufficient grounds to lodge appeals.
"The prosecutors are now preparing the necessary papers in order to be able to file within the next few days."
Pistorius's defence team could not be immediately reached for comment.
Source : Sapa /mr/jk/jje
Date : 28 Oct 2014 10:06
Bwahahahahh
If people here were such experts they claim to be, they would not have stopped studying and would be practising attorneys / advocates / magistrates / judges / professors.
Thats why I take their long winded posts with a pinch of salt
I'm busy with my exams, so I'm glad you don't take me with a piece of salt.
If this case was in the Magistrate's court then fair enough they should have let it be, but it's in the High Court and many other courts will follow Masipa's errors as a precedence. She may have got the verdicts right, but there is no way she got the arguments right, and that can't be left without being challenged otherwise confusions will reign (as it already does) as to Dolus Eventualis and on whether intention to possess firearms is necessary when charging people with possession of illegal firearms.
Yes the cost is high, but we have a budget for this so we should proceed. I'm not sure what your objection to appealing really is because the higher courts will give us more clarification. Unless you insist that clarification is not needed which is weird when it's already clear that many people are confused by what Masipa did hence the need for clarification. As a law student, I need clarification because one way or the other I am studying dolus eventualis and will at some have to refer to case law. I would hate to refer to Masipa's arguments for or against dolus eventualis verdicts.
My friend you are confusing issues.
1. A judge, assessors, NPA advocates, court staff, court orderlies, police staff which helped with the case (i.e Mangena) are paid a salary with or without OP's case
2. The most you pay for is the transcripts, extra security, and expert witnesses. That doens't come to even a R1m in my opinion. So are we crying about a million?
A defence advocate with 30+ years experience must have dealt with appeals many times before, so I think Roux must have experience in appeals. But I doubt if Nel has much experience in instituting applications for appeals as the NPA doesn't do this very often. So it will be advantage Roux if my opinion.
The state seldom appeals - and should very seldom even consider doing so (I would advocate a position requiring the written approval of the NDPP to do so) so a criminal trial specialist should be more experienced in lodging appeals than defending them. Further in a criminal trial different forensic skills are required than in appeal and review.
I'm not sure if Roux specialises in Criminal Law only, if yes then he will be in trouble as well because he would probably not have defended an appeal like you say. But if he does other laws then he should have plenty of experience defending appeals. There is no doubt though that Nel is entering a new terrain.
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