Pistorius. Guilty or not?
#151
Lost in BE Cyberspace










Joined: Oct 2005
Posts: 16,623
From: Hill overlooking the SE Melbourne suburbs











From a legal perspective I always find the way a proscutor can attack a defendant and put words into their mouths an interesting one so I was actually quite impressed with the way P 'waspishly' answered one of the prosecutor's questions, mentioning how his story had stayed the same whilst the state's had changed. My view is that technically a proescutor should only be able to talk about facts and or use these facts to establish perhaps a motive - but no, as we know, a prosecutor can essentially and quite literally fabricate (because noone actually knows) a colourful allegation or scenario to provide a court reaction just to prove a point, relying on emotion rather than facts.
One minor detail interested me today when I finally read a account of the trial : that P was so cavalier with weapons he once actually discharged one in a restaurant. Anyone who has experince with weapons but nonetheless does this is quite capable of doing it again - in fact he even claims to have opened fire when startled...if I was his defence lawyer I would be underlining the fact my client was basically highly incompetent and an absolute nervous wreck with handling weapons...not every person experienced with weapons is a good handler!
One minor detail interested me today when I finally read a account of the trial : that P was so cavalier with weapons he once actually discharged one in a restaurant. Anyone who has experince with weapons but nonetheless does this is quite capable of doing it again - in fact he even claims to have opened fire when startled...if I was his defence lawyer I would be underlining the fact my client was basically highly incompetent and an absolute nervous wreck with handling weapons...not every person experienced with weapons is a good handler!
#152
Lost in BE Cyberspace










Joined: Dec 2010
Posts: 14,040











From a legal perspective I always find the way a proscutor can attack a defendant and put words into their mouths an interesting one so I was actually quite impressed with the way P 'waspishly' answered one of the prosecutor's questions, mentioning how his story had stayed the same whilst the state's had changed. My view is that technically a proescutor should only be able to talk about facts and or use these facts to establish perhaps a motive - but no, as we know, a prosecutor can essentially and quite literally fabricate (because noone actually knows) a colourful allegation or scenario to provide a court reaction just to prove a point, relying on emotion rather than facts.
One minor detail interested me today when I finally read a account of the trial : that P was so cavalier with weapons he once actually discharged one in a restaurant. Anyone who has experince with weapons but nonetheless does this is quite capable of doing it again - in fact he even claims to have opened fire when startled...if I was his defence lawyer I would be underlining the fact my client was basically highly incompetent and an absolute nervous wreck with handling weapons...not every person experienced with weapons is a good handler!
One minor detail interested me today when I finally read a account of the trial : that P was so cavalier with weapons he once actually discharged one in a restaurant. Anyone who has experince with weapons but nonetheless does this is quite capable of doing it again - in fact he even claims to have opened fire when startled...if I was his defence lawyer I would be underlining the fact my client was basically highly incompetent and an absolute nervous wreck with handling weapons...not every person experienced with weapons is a good handler!
1. A motive
2. An admission
Without these 2, all he has is the ability to mentally disintegrate OP and in the process hoping for an extraction of 1 & 2.
#153
I get up & walk to the other end of the house to use the bathroom in the night, the very idea of taking a dump in the same room you sleep in is beyond weird. I've not fathomed the Australian thinking on open plan bedroom/en-suites yet.
#154
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Joined: Dec 2010
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Luckily I was staying there alone.
#158
Does he really need to prove a motive? If so, does every naturally violent person get away with their acts of violence because there is no specific motive, other than they cannot control their temper.
#159
As I have said before, the prosecutor does not have to prove motive. He only needs to prove that Oscar Pistorius shot Reeva Steenkamp with the intention to do harm. He also doesn't need an admission of anything. He only has to prove to the judge that OP shot her with the intention of doing serious physical harm to whoever was behind that door.
#160
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Joined: Dec 2010
Posts: 14,040











The prosecution at this stage is like a leaky boat. Its all speculation and nothing is concrete.
#161
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Joined: Dec 2010
Posts: 14,040











As I have said before, the prosecutor does not have to prove motive. He only needs to prove that Oscar Pistorius shot Reeva Steenkamp with the intention to do harm. He also doesn't need an admission of anything. He only has to prove to the judge that OP shot her with the intention of doing serious physical harm to whoever was behind that door.
I wonder what Nel has up his sleeve.
#163
When did I say beyond a reasonable doubt? What I said was that the prosecution has to show the judge that Pistorius shot with the intention to do harm.
I personally think Nel is doing a fine job of showing the holes in OP's story.




