#OscarTrial Nel: the court owes it to society to do what it can to prevent what has happened to the Steenkamps. BB
#OscarTrial Nel's voice pitches with his emphasis on how society wants court to deal with impact on Reeva's family, not OP's remorse.
#OscarTrial Nel: the court owes it to society to do what it can to prevent what has happened to the Steenkamps. BB
#OscarTrial Nel's voice pitches with his emphasis on how society wants court to deal with impact on Reeva's family, not OP's remorse.
Nel: Steenkamp's father told Kim Martin the night before she gave evidence, I wish I could do it but I can't, "I would lose it". #Pistorius
My heart goes out to Reeva's dad, he is a broken man.
Nel: you can't claim mercy, you have to ask for it. @eNCAnews #OscarTrial
#OscarTrial So much at stake for both sides in sentencing, one gets the impression that desperation underlining both lawyers arguments.
Nel putting OP's suffering into context describing the agony of Reeva's parents,the shock for her close cousin to hear of her death on radio
#PistoriusTrial The words of Kim Martin were incredibly powerful pleading that OP 'pays for what he's done'. Will Judge be moved?
Nel rightly seizes on assertion of Roux and OP agent that he should be pitied bcs he lost the ability to "made millions" when this happened
#OscarTrial Nel sarcastically refers to OP as suggesting how could have earned millions and now he can't so court must feel sorry for him.
Nel: The defence is saying he should go home, stay in a luxurious house, not leave unless he wants to go training, to church, see a doctor.
bet Dame will start learning golf now she knows Gerrie plays it
#PistoriusTrial Nel drops in the reminder that OP would be incarcerated in Waterkloof if put under house arrest (its a v plush area)
Nel mocks idea of house arrest/comm service as something restrictive, saying #OscarPistorius would get out for church etc etc..
what we've been saying - no punishment at UA posh ranch
Nel says #OscarPistorius is privileged and expects to get special treatment, but cant as his crime was serious #sabcnews
"He will not leave his house exept if he wants to train, work, go to a doctor, that's what we do every day," says Nel about #Pistorius
Nel - ushering the notion of the mob to courtroom doors - warns "society may take law into own hands" if they don't see sentence as "just."
^ and that is a worry
Nel: Steenkamp's father told Kim Martin the night before she gave evidence, I wish I could do it but I can't, "I would lose it". #Pistorius
My heart goes out to Reeva's dad, he is a broken man.
I seriously worry with all the strokes he's had, he's a heart attack in waiting
Nel asks what's worst than hearing your child died a violent death? #OscarPistorius #sabcnews
Highly populist strategy from Nel here. Will it work on Judge Masipa?
#PistoriusTrial Nel: She died an horrific death. She had nowhere to go. she was in a small cubicle.'
Nel says Steenkamp did nothing to cause her own death. "She died a horrific death. She had nowhere to go, she was in a small cubicle."
#PistoriusTrial Nel says he's trying not to get emotional but manages to convey alot of emotion at the same time
tea break for 20 minutes
as the court pleases
I've heard many closing arguments in my 17 years. This one is right up there.
Don't think I'll be back for the next session but I look forward to your spam, Pengy.
Pistorius seems very emotional during the break... his siblings have gone over to comfort him #oscartrial
Don't think I'll be back for the next session but I look forward to your spam, Pengy.
bye bye Yogs - see you for CDWM
and we're back right on time for once
Gerrie Nel - his negligence borders on DE so the sentence must bear that out
Nel: our argument is that this accused was grossly negligence - it borders on murder (dolus eventualis) @eNCAnews #OscarTrial
#oscartrial Nel: reasonable foreseeable consequences play a role and must be taken into account...
Nel can't let go of the murder conviction he failed to secure, telling Judge #OscarPistorius actions "border" on lowest murder charge.
bringing up the fact that OP said shooting a warning shot into a shower would have ricocheted into me and hurt me - Judgy didn't' take this into account - if OP recognised it could hit him - how much more would a reasonable person realise the inevitability of how 4 shots into a toilet would cause harm
Important point, which prosecution failed to make enough of in trial, re #OscarPistorius not firing into shower due to fear of ricochet.
"would have ricocheted and possibly hit me." So he could have thought about the effect on the person in the toilet. #Pistorius
Nel: taking life of another human being is most serious crime you can commit @eNCAnews #OscarTrial
Nel says community service/correctional supervision is only paying lip service to the seriousness of the offence #OscarPistorius MV
Well worth a read (courtesy jeromestarkey) re. culpable homicide and sentencing: http://www.iol.co.za/news/south-africa/visagie-can-find-some-peace-at-last-1.219358#.VEDWSEvfnbo âĶ
Carl and OP today
#PistoriusTrial Cries of public interest are not unreasonable and must not be ignored - says Gerrie Nel
Nel again says OP's actions borders on dolus eventualis and punishment should reflect that #OscarPistorius MV
Nel: accused's actions so grossly negligent, he acted so hastily, he used such excessive force, his actions bordered on dolus eventualis
Nel struggling to hide his enduring fury with Judge for failure to convict #OscarPistorius on murder charge.
hmm agree he might want to temper it but I think he feels Judgy has already made up her mind so he's in for a penny in for a pound
#OscarTrial Nel dripping with sarcasm. 'There's always argument in court - please don't break the accused! Be merciful.'
#OscarTrial Nel: his negligent and unreasonable actions start before he reached the bathroom. BB
#PistoriusTrial Nel: He's not a victim, he cannot be a victim. He caused it!'
Nel mocks #OscarPistorius complaining about "media victimising me... the state is unfair..."
#OscarTrial Nel mocking Oscar saying 'I'm a victim. The media is being unfair. The media captured my brilliance but now they're unfair'.
Nel mimics a Pistorius whine: The media "loved me" when I was winning races,now attack me when I kill someone.Cant have it both ways,he says
#OscarTrial Nel says its the Steenkamp family that are broken. Asks how Kim Martin will ever recover from hearing news of RS death.
Nel: His actions overshadow all other cases quoted by the defence in their heads of argument. #Pistorius
A factor that overshadows all other cases that the defence raised is that the accused raised his firearm, was ready to shoot #oscartrial
Nel going over the judgment - OP's intention to shoot, armed himself, acting negligently #OscarPistorius MV
Nel is belatedly removing the significance of who was behind the door: "he armed himself, he shot, he was grossly negligent."
Nel: this is case where accused deliberately fired shots @eNCAnews #oscarTrial
blasted doorbell has gone 3 times in last 5 minutes bringing me amazon parcels that I ordered how dare they
#OscarTrial Nel: we donât have an accused who came to court and was honest - he was a poor witness with a plethora of versions. BB
Nel: We had a poor witness and a poorer version. "Up until today, I don't know what the accused's version is." #Pistorius
Nel: Important factor is that Pistorius wasn't honest. He was poor witness. Up until today, I don't know what his version is @eNCAnews
the accused will not admit even today that it was his intention to fire into that door
#oscartrial Nel says the accused's remorse isn't convincing - the fact that he's sorry she's dead can never be remorse.
Nel: "Up until today I don't know what the accused's version is." (Me too, Gerrie)
uses example of jumping red robot (traffic light) and killing someone by crashing into them - they might show remorse but OP in his instant did not as he intended to shoot
#PistoriusTrial Remorse is if he'd verbalised to this court - I"m sorry I fired those shots knowing someone was there - says Nel
as we know - OP didn't do that
Don't use the word handicapped Gerrie it's very offensive
Nel: Vergeer said OP couldn't go to jail because showers had no railings. But there are no railings in shower in his house @eNCAnews
bingo!
Nel: I checked the photographs last night and I couldn't find them. #Pistorius
I didn't see any railings in the shower, bath or toilet
Nel: Going out to nightclub, whatever happened, was not something a remorseful person would do. #Pistorius
Nel says as bad a witness as Vergeer was, such a good witness Modise turned out to be #OscarPistorius MV
Nel citing the Dewani extradition - this has to do with argument that prison conditions are too bad #OscarPistorius MV
Nel cites fact that UK authorities willing to extradite Shrien Dewani despite possibility he might end up in SA jail.
Nel: She based her argument on a speech made by a union leader in 2005.
#PistoriusTrial Nel calls Annette Vergeer's evidence 'sketchy' and was 'flabbagasted' she based her report on speech made in 2005
#OscarTrial Nel: slamming Vergeer - her evidence was outdated, uninformed and biased. BB
he's flabbergasted
Nel asks that Annette Vergeer's evidence be rejected. #OscarPistorius
#oscartrial Nel: I think the court would remember she said she had 2012 report from Judicial Inspectorate...why wasn't it in her report?
Nel: "Why would she have outdated statistics and not current statistics?" #Pistorius
he's struggling to say statistics
Nel again cites Dewani extradition by UK courts as proof SA prisons are apt for Pistorius - should judge not trust SA's own assessment?
#OscarTrial Nel: Vergeer conducted interviews with and unidentified person and did not visit a prison. BB
Nel: "She conducted telephonic interviews with unidentified persons." Modise had visited international prisons and 35 years of service.
Nel says OP attempted to isolate his needs from any other person, including other people with disabilities #OscarPistorius MV
Nel attacks defence probation officer Vergeer whose extravagant denunciation of SA prisons provoked strong reaction from authorities here.
Nel says arguing "(prison) will be a terrible place to go" is not an argument #OscarPistorius @MarykeVermaak
as the court pleases (love how he says that)
Nel: The media can only affect you if you follow the media and let it affect you. "Nobody forced Mr #Pistorius to read the media."
#PistoriusTrial Nel reminds us OP has a 'black book' where he lists the journalists who he believes are negative towards him
#oscartrial Nel says he follows the media...finds it curious that he would use the media to support some of their arguments.
#OscarTrial Nel: reveals that Pistorius had a âlittle black bookâ where he separated media good to him and media bad to him. BB
that's his attitude says Nel now he complains
Masipa says all those paragraphs will be disregarded (negative press sentiments)
Masipa tell Nel, "you can take it from me", all Rouxâs paragraphs about the media being unfair will be disregarded. #Pistorius
Judge tells Nel "you can take it from me, all Roux's(claims) re the media being unfair to the accused will be disregarded". #OscarPistorius
Nel says the argument that OP was victimised because the world heard him testifying, etc, isn't an argument #OscarPistorius MV
so televising the event did not have an adverse effect on OP says Nel
Nel: The only reasonable sentence would be a long-term incarceration.
My client Pistol Pistorius should not be sent to jail because jail is known to be a nasty place! #BarryRoux #OscarTrial
#OscarTrial Significant from Masipa - she's effectively striking that whole argument from defence about how media has impacted Oscar.
Media criticisms: that's the First hint we've had from Masipa about her opinion on any of sentencing evidence presented. 1-0 to prosecution.
#oscartrial Nel: if in this case there was an attempt to scare, that would have been different - shot fired into wall, shower, window...
#OscarTrial Nel responding to Roux's case law examples. Seems he is finished with his own heads already.
Nel: "If there was one shot fired, we'd be prepared to understand it but that's not what we have. We have four shots fired by someone..."
"who was competent with a firearm." #Pistorius
#oscartrial Nel: as far as this accused is conceded, he created a more dangerous situation by firing into the door.
4 shots vs 1 shot.
#OscarTrial 'If there was just one shot we would be able to understand it, but here we have four shots fired,' says Nel.
Nel says he finds it difficult to understand why court will deal with this accused differently #OscarPistorius MV
#PistoriusTrial To sum up Nel: OP tried to influence sentencing by offering parents 'blood money'; he's milking disability; not remorseful
Nel: We have he may or may not go back to athletics, he may or may not work for his uncle. "What would he do?" #Pistorius
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