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Nel: you can't claim mercy, you have to ask for it.

 

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

 

The words of Kim Martin were incredibly powerful pleading that OP 'pays for what he's done'. Will Judge be moved?

FM

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

 

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 

FM

Nel says is privileged and expects to get special treatment, but cant as his crime was serious

 

"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

 

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 

FM

Nel asks what's worst than hearing your child died a violent death?

 

Highly populist strategy from Nel here. Will it work on Judge Masipa?

 

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."

FM

Nel: our argument is that this accused was grossly negligence - it borders on murder (dolus eventualis)

 

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 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

FM

Important point, which prosecution failed to make enough of in trial, re 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.

 

 

Nel: taking life of another human being is most serious crime you can commit

 

Nel says community service/correctional supervision is only paying lip service to the seriousness of the offence MV

 

FM

Nel: we don’t 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."

 

Nel: Important factor is that Pistorius wasn't honest. He was poor witness. Up until today, I don't know what his version is

 

 

the accused will not admit even today that it was his intention to fire into that door 

FM

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 

FM

Nel citing the Dewani extradition - this has to do with argument that prison conditions are too bad 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.

 

Nel calls Annette Vergeer's evidence 'sketchy' and was 'flabbagasted' she based her report on speech made in 2005

 

Nel: slamming Vergeer - her evidence was outdated, uninformed and biased. BB

 

 

he's flabbergasted 

FM

Nel again cites Dewani extradition by UK courts as proof SA prisons are apt for Pistorius - should judge not trust SA's own assessment?

 

Nel: Vergeer conducted interviews with and unidentified person and did not visit a prison. BB

FM

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

 

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 to read the media."

 

Nel reminds us OP has a 'black book' where he lists the journalists who he believes are negative towards him

 

Nel says he follows the media...finds it curious that he would use the media to support some of their arguments.

 

Nel: reveals that Pistorius had a “little black book” where he separated media good to him and media bad to him. BB

 

that's his attitude says Nel now he complains 

FM

Masipa says all those paragraphs will be disregarded (negative press sentiments) 

 

Masipa tell Nel, "you can take it from me", all Roux’s paragraphs about the media being unfair will be disregarded.

 

Judge tells Nel "you can take it from me, all Roux's(claims) re the media being unfair to the accused will be disregarded".

 

 

FM

My client Pistol Pistorius should not be sent to jail because jail is known to be a nasty place!

 

 

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.

 

Nel: if in this case there was an attempt to scare, that would have been different - shot fired into wall, shower, window...

 

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..."

 

FM

"who was competent with a firearm."

 

Nel: as far as this accused is conceded, he created a more dangerous situation by firing into the door.

 

4 shots vs 1 shot.

 

'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 MV

 

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?"

FM

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