The trial of Oscar Pistorius for the Valentine's Day killing of his girlfriend Reeva Steenkamp -- Pretoria, South Africa #2

Thanks! That is what I understood...

http://www.dailymail.co.uk/news/article-3216855/Police-raid-Oscar-Pistorius-prison-cell-seize-hard-drive-following-concerns-new-friendship-notorious-Czech-gangster.html

^^^^

"....The double amputee and Krejcir – a Czech fugitive - struck up an unlikely friendship on the hospital wing of Kgosi Mampuru II jail in Pretoria where they were incarcerated as neighbours for six months, until Krejcir was moved in April.

An extraordinary video of the pair playing football in the prison’s bleak yard was taken by an inmate that revealed an easy familiarity between men, who were kept in virtual isolation from other prisoners...."



"....Krejcir – who was last week convicted of attempted murder and drugs charges and still faces a slew of other police probes – admitted during a recent court appearance that he missed Pistorius and joked to reporters ‘we must play for Chelsea when we’re released’.

Anneliese Burgess, spokeswoman for the Pistorius family, said she had no knowledge of ‘the specifics’ of the search, but added, ‘there is no way that Oscar would do anything that is against prison regulations or be in possession of anything that had not been vetted by prison authorities’.

News of the swoop comes as Pistorius anxiously awaits a review of his parole. Under the terms of his five-year sentence for manslaughter, he was due to be released after serving one-sixth of it.

He was scheduled to walk out of the sprawling facility in Pretoria ten days ago, but his transfer into house arrest was halted at the last minute after the justice minister ruled that prison authorities had been ‘premature’ in announcing his parole.

He will have to wait another three weeks to hear whether he can serve the remainder of his sentence in luxury at his uncle’s mansion nearby...."


Read more: http://www.dailymail.co.uk/news/article-3216855/Police-raid-Oscar-Pistorius-prison-cell-seize-hard-drive-following-concerns-new-friendship-notorious-Czech-gangster.html#ixzz3kQ6Vvgc8
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WOW!!!

Oscar Pistorius appeal date set for November
Kathy Sundstrom | 10th Sep 2015 12:55 PM

OSCAR Pistorius will have the appeal against his culpable homicide conviction heard in November.

...Another decision to grant Pistorius parole is expected to be considered at a review board next week.

Read more:  http://www.sunshinecoastdaily.com.au/news/oscar-pistorius-appeal-date-set-november/2770297/

Oscar Pistorius: can double jeopardy save him from retrial?
Sep 17, 2015

Oscar Pistorius's defence team is attempting to use South Africa's law on double jeopardy to protect him from another murder trial.

According to ITV News, judges at the Supreme Court of Appeal could reject the appeal, convict Pistorius of murder themselves or order a retrial. A murder conviction would carry a minimum sentence of 15 years.

The athlete's lawyers have submitted a summary of their argument to the court in Bloemfontein ahead of the appeal hearing, expected to take place in November. They say that if a retrial is ordered, their client would be exposed to double jeopardy – being tried twice on the same charges with no new evidence following a conviction – which is not permissible in South African law.

Read more:  http://www.theweek.co.uk/oscar-pistorius/53387/oscar-pistorius-can-double-jeopardy-save-him-from-retrial

Oscar Pistorius cannot afford a re-trial and has 'non-existent financial ability', his lawyer claims as the Blade Runner fights a legal bid to charge him with murder

. Pistorius was acquitted of murdering girlfriend Reeva Steenkamp after trial
. Prosecutors now want judges to review the case and convict him of murder
. His lawyers say he could not afford a court battle if judges order a retrial

By Julian Robinson for MailOnline and Associated Press
Published: 15:24 EST, 16 September 2015  | Updated: 08:46 EST, 17 September 2015

Oscar Pistorius cannot afford a retrial and has 'non-existent financial ability', his lawyers have claimed as the Blade Runner fights a legal bid to charge him with murder.

The double-amputee Olympic runner was last year acquitted of murdering his girlfriend Reeva Steenkamp and instead convicted of a lesser charge comparable to manslaughter.

Prosecutors want a panel of judges at the Supreme Court to review the case and convict Pistorius of murder - but his lawyers say their client would not be able to pay for another trial.

Read more:

http://www.dailymail.co.uk/news/article-3237430/Pistorius-lawyers-Prosecutors-persisting-failed-case.html#ixzz3m3Dsyhpx

The drama that defined Oscar Pistorius's parole application

South Africa
Thursday 17 September 2015 - 3:20pm
Contributors:   Karyn Maughan  

JOHANNESBURG - Oscar Pistorius should know by the end of tomorrow if and when he will be released on parole.

The parole review board is expected to meet in Durban to consider the legality of the Paralympian’s release.

Pistorius’s lawyers have not been given the right to attend the hearing.

The athlete's parole application – like his trial – has been defined by drama.

Read more:

http://www.enca.com/south-africa/drama-defined-oscar-pistorius-parole-application

Oscar Pistorius must spend at least two more weeks behind bars after the hearing to discuss his release was postponed again
By Kieran Corcoran for MailOnline and Afp
Published: 11:02 EST, 19 September 2015 | Updated: 12:49 EST, 19 September 2015

A second hearing to decide whether Oscar Pistorius should be released early from prison has been postponed for two weeks, leaving him to languish behind bars.

Officials in South Africa's corrections department met on Friday to consider early release pleas, but ran out of time before getting to his.

As a result of the backlog, the double amputee Olympian must keep waiting for his request to be considered.

Read more:  http://www.dailymail.co.uk/news/article-3241275/Oscar-Pistorius-spend-two-weeks-bars-hearing-discuss-release-postponed-again.html

Oscar Pistorius to remain in jail after parole board declines to make a decision on whether he should be freed early for killing girlfriend Reeva Steenkamp


"....Paralympian Oscar Pistorius will remain in jail for the time being after a decision to grant him parole was again delayed, his lawyer said.

In what is becoming an increasingly drawn-out battle, a panel headed by a judge today declined for the second time to make a decision on whether he should be released early from a prison sentence for killing his girlfriend. ..."

"....Even if he is freed from prison and placed under house arrest, Pistorius could find himself back behind bars for a minimum of 15 years if an appeal by prosecutors next month is successful.

They are pursuing a murder conviction and a longer sentence, arguing that Pistorius deliberately killed Steenkamp after an argument....."

http://www.dailymail.co.uk/news/article-3260244/Parole-board-meets-today-decide-release-Oscar-Pistorius-early-prison-serves-five-year-sentence-killing-girlfriend.html

Revealed: Oscar Pistorius' Czech gangster prison buddy planned audacious £12m break out involving his own mother, a private plane, a gun hidden in a jail treadmill, and a new life in Argentina

Krejcir, 46, shared a gym with Pistorius at Kgosi Mampuru prison, Pretoria
Plan was to bribe female warden £25,000 and board helicopter to Swaziland
He would then travel to Mozambique by road and Argentina on a private jet
Escape foiled when gun, knife and plans of the jail were found in his room
By JANE FLANAGAN IN CAPE TOWN FOR MAILONLINE

"...Concealed weapon: Radovan Krejcir's fourth escape attempt was foiled when guards found a prison guard's uniform, detailed plans of the prison and a handgun - hidden inside his personal treadmill (pictured) - during a raid on his cell..."

A few pics of the confiscated items...
Lots more here:
PUBLISHED: 07:35 EST, 7 October 2015 | UPDATED: 08:31 EST, 7 October 2015




http://www.dailymail.co.uk/news/article-3262968/Oscar-Pistorius-Czech-gangster-prison-buddy-planned-audacious-12m-break-involving-mother-private-plane-gun-hidden-jail-treadmill-new-life-Argentina.html

Oscar Pistorius family condemns failure to release him

6 October 2015

From the section Africa

The refusal to free South African Olympic athlete Oscar Pistorius from prison on parole "flies in the face" of justice, his family has said.

On Monday, a judge-led panel upheld a decision taken in August to block his transfer to house arrest.

The panel also said Pistorius should undergo psychotherapy, but his family said he was already receiving it.

Read more:

http://www.bbc.com/news/world-africa-34453827

Oscar Pistorius set to be freed from prison on parole after serving just 11 months of his sentence for killing Reeva Steenkamp
http://www.dailymail.co.uk/news/article-3274072/Jailed-sprinter-Oscar-Pistorius-freed-prison-parole-board-grants-release.html

"...Pistorius was initially due to be freed in August, but intervention by the minister of justice led to a series of delays before today's parole board decision.

However, he still faces an appeal in the Supreme Court next month, which if successful, will upgrade his charge to murder and see him re-jailed for a minimum of 15 years..."

---

Oscar Pistorius to Be Released From Prison After Parole Board Meeting
http://abcnews.go.com/International/oscar-pistorius-released-jail-parole-board-meeting/story?id=34491115

Oscar Pistorius to be moved to house arrest
http://www.bbc.com/news/world-africa-34540694

Oscar Pistorius Will Be Released On Parole Next Week
   
October 15, 2015 2:57 PM ET

Jim Zarroli

Double-amputee sprinter Oscar Pistorius will be released on parole on Tuesday, one year after his conviction for killing his girlfriend by shooting her through a bathroom door, South African officials say.

He will be held temporarily under house arrest, and his parole will continue through 2019.

Read more:

http://www.npr.org/sections/thetwo-way/2015/10/15/448928286/oscar-pistorius-will-be-released-on-parole-next-week

Paroled Oscar Pistorius Has a Place to Call Home

By DAN GOOD and LIEZL THOM  ·  Oct 15, 2015, 8:34 AM ET

Oscar Pistorius is to be released from prison next week and moved to house arrest, after the South African parole board decided to free the South African Paralympian from custody and into "correctional supervision."

"The Kgosi Mampuru II Correctional Supervision and Parole Board (CSPB) today, 15 October 2015, approved the placement of offender Oscar Pistorius under correctional supervision as from 20 October 2015," according to a statement today from the South African Department of Correctional Services.

"The parole board met in Pretoria for the second time following a directive of the Parole Review Board, which set aside its earlier decision to place Oscar Pistorius under correctional supervision because it was prematurely made."

~Snipped~

"The Parole Board has also given the offender his correctional supervision conditions which include the directives of the Parole Review Board in respect of continued psychotherapy and prohibitions in line with the Fire Arms Control Act Section 103," according to the statement, meaning he cannot possess a firearm.

He is expected to live with his uncle in Pretoria, his rep, Anneliese Burgess, told ABC News today.

Read more:

http://abcnews.go.com/International/oscar-pistorius-released-jail-parole-board-meeting/story?id=34491115

Posted: 7:04 p.m. Monday, Oct. 19, 2015
Oscar Pistorius released from prison


"...now serve the remainder of his five-year sentence under house arrest....."


"....The time-frame for Pistorius' parole was set for Oct. 20, 2015-2019. Under these conditions, the 28-year-old would most likely not be able to compete in an Olympic or Paralympic Games until 2020.

Pistorius, convicted of fatally shooting girlfriend Reeva Steenkamp, was due to be released on Aug. 21 after serving 10 months for culpable homicide. At the time, the Department of Justice in South Africa put the Olympic sprinter's release on hold.

The Olympian's conviction is in the process of being appealed and could be reheard in South African court next month. Prosecutors are preparing to argue that his conviction be upgraded to murder in November. If they succeed, Pistorius will face a minimum term of 15 years in prison.....".

".... Prosecutors say the judge misinterpreted the law in her dismissal of the premeditated murder charge, citing a section of South African law called dolus eventualis. ..."



http://www.wsbradio.com/news/news/world/oscar-pistorius-released-prison/nn59Y/

(I wonder if his new found prison friends will be guests at the uncle's home...)

Oscar Pistorius: why state might have 'good' case for murder
Oct 21, 2015

...However, his respite may not last long as the state is due to appeal against his conviction in less than three weeks' time in the Supreme Court.

"My feeling has always been that if you look at the facts – four shots into a tiny little toilet knowing that there is somebody behind the door and that person isn't attacking Oscar – well does that not really equal murder? I mean, one doesn't have to be a fantastic lawyer to determine that," said Booth.

Under South African law, a judge's factual findings in a case cannot be appealed. Instead, prosecutors will argue on 3 November that Judge Thokozile Masipa was mistaken in her application of the law when she convicted Pistorius last year and that a different court could reach a different decision – namely that Pistorius should have been convicted of murder, not culpable homicide.

Read more:  http://www.theweek.co.uk/oscar-pistorius/53387/oscar-pistorius-why-state-might-have-good-case-for-murder

I sure do hope they are successful in their appeal. IMO, this was so clearly and act of angry rage and not an imagined intruder. Oscar needs to go back to jail for a very long time and think about his angry, evil act of murder.

CATCH IT LIVE: State appeals Oscar Pistorius's conviction
South Africa
Tuesday 3 November 2015 - 8:40am

(It just started)



http://www.enca.com/south-africa/catch-it-live-state-appeals-oscar-pistoriuss-conviction

Reeva Steenkamp's mother smiles in court as Oscar Pistorius's lawyers struggle to explain why he shot her through a bathroom door... which could see the athlete behind bars for murder in 48 hours

"....Judge Greenland said, 'Assuming that the SCA decides that it has jurisdiction and then decides the issue of whether the state is right that there was intention –- the state has an unarguable case. I cant see the SCA has any option other than to alter that verdict to one of murder.'

Judge Greenland, who was a regular commentator on South African television during the broadcasted trial, said he had discussed the case 'on five continents' with lawyers all over the world.

'There was only one Zimbabwean lawyer who agrees with her [Judge Masipa] decision,' he said....."



"....The state's appeal against Pistorius's manslaughter conviction is expected to focus on the number of bullets the sprinter fired into a confined space.

As an experienced gun owner, the double amputee must have known that his actions would likely result in the death of whoever was behind the door – whether he thought it was an intruder or his lover, prosecutors will argue.

Mr Booth added, 'If you look at the factual situation of four shots being fired in a small grouping into a very tiny little room and Oscar's version that he knew that someone was behind the door, you can deduce from that he had he had to have the intention to kill the person behind the door.

'The only excuse in our law from that conduct is if you are acting in self defence. But you have to take into account there was no threat and no imminent threat. You do have to take into account his emotional state and his disability and what is going through his mind is the fact that people are being killed by intruders in their homes in South Africa on a regular basis. But even if you took that altogether, I don't believe there is any argument that he acted in self defence.'..."


http://www.dailymail.co.uk/news/article-3301437/Oscar-Pistorius-faces-new-bid-jailed-MURDERING-Reeva-Steenkamp-today-legal-experts-say-prosecutors-stand-strong-chance-success.html

Here's the video of last night's appeal hearing:


SCA hears state appeal against Pistorius conviction



Source:  https://www.youtube.com/watch?v=50ph2UinK3o

^^^^ Thanks, CP!

If nothing else, listen/watch the arguments at @32:00.
Brilliant.

Things get heated @ 1:45:00.
Judge is questioning Dolis directualis or Dolis Evidentualitist. *Pardon the spelling.)
Judge states the two pages submitted to him in argument deal with this issue.
Judge feels the trial judge erred when she only ruled it applied IF OP was aware Reeva was behind the stall door;
in truth, the judge states, it applies IF OP believes SOMEONE is behind the door.

So. When OP fired the gun four times it would not have mattered WHO was behind the door that was shot...ONLY that someone was shot and died.
The death is what constituted murder.

Intent and culpability is what the trial judge determined the sentencing upon.
Neither have them have any bearing upon the case when it is understood OP DID intend to kill who ever was in the cubical, intruder or Reeva. And that is where the problem lies: OP was NOT in danger; OP fired four close patterned shots into a confined area; OP chose a weapon and shot designed to kill---never mind the bullets are illegal in S. Africa unless used directly by the military for military purposes.
It would not matter who was in the stall (unlike what the trial judge had stated) ONLY that the evidence shows OP was the one with the weapon, the ammo chosen by him, and the repeated firing of the gun. Screams, placement of fans, legs on or off are ALL not relevant according to the appeals judges.

Culpability is not relevant nor is intent at time of shooting. Only the actions are to be weighed.

Comments:

Nick Harris 6 hours ago
So did Masipa make an error : imho yes - 4 shots is intent (2lb trigger pull) , 1 shot would be doubt. Without doubt definitely dolus eventualis. 2nd degree murder.



https://www.youtube.com/watch?v=50ph2UinK3o

Smile of a killer: Surrounded by children, Oscar Pistorius grins at his 29th birthday party as he awaits murder appeal verdict

"....Wearing a navy t-shirt, Pistorius grins widely in the picture, surrounded by the 10 children smiling happily in the picture. They are grandchildren of Pistorius' aunt and uncle Lois and Arnold, at whose comfortable home he is staying.

Lois posted the picture on her twitter account captioned ‘Oscar Pistorius birthday party today’. ..."

".....A recent study of three provinces found one in four women had been the victim of violent crime in their lifetime, while in Gauteng, where Pistorius lives, 75 per cent of men have committed some form of violence against a woman, according to the Mail&Guardian. ...."

http://www.dailymail.co.uk/news/article-3330099/Smile-killer-Surrounded-children-Oscar-Pistorius-grins-29th-birthday-party-waits-hear-ll-jailed-murdering-girlfriend-Reeva-Steenkamp.html

Oscar Pistorius's fate finally set to be sealed: South Africa's most senior judges to rule within days if disgraced Paralympian's manslaughter conviction will be replaced with murder

"....Oscar Pistorius’s fate will be sealed this week when South Africa’s most senior judges rule on whether or not he murdered Reeva Steenkamp.

The result of an appeal by prosecutors to have Pistorius’s manslaughter conviction overturned and replaced with one of murder is due in days...."The reputation of Judge Masipa, who has retired since she presided over last year's lengthy trial, will suffer a massive blow if the panel of superior judges overturn her original decision.

Prosecutor Gerrie Nel argued at the appeal – almost a month ago – that she had gravely misapplied the law in acquitting Pistorius of murder.

Nevertheless, it is she who will resentence the athlete if he is found guilty of the more serious crime, but only in the New Year once the High Court reconvenes after the long Christmas holiday. ...."



http://www.dailymail.co.uk/news/article-3340291/Oscar-Pistorius-s-fate-finally-set-sealed-South-Africa-s-senior-judges-rule-days-disgraced-Paralympian-s-manslaughter-conviction-replaced-murder.html

Oscar Pistorius appeal changes conviction to murder

CNN) -- Oscar Pistorius has been found guilty of the murder of Reeva Steenkamp, after South Africa's Supreme Court overturned the previous conviction of culpable homicide.

Judge Eric Leach ruled Thursday that paralympic gold medalist should have foreseen that his firing of the gun would have killed whoever was behind the door, regardless of whether he thought it was Steenkamp or an intruder.


Pistorius shot girlfriend Reeva Steenkamp, a model, four times through a locked toilet door on Valentine's Day 2013, saying he mistook her for an intruder.

His jail term is yet to be decided but he faces up to 15 years in prison....."


http://www.wptv.com//news/world/oscar-pistorius-appeal-changes-conviction-to-murder?audiencePageId=1397131438

This is what it is all about:

https://pbs.twimg.com/media/CVSmDjlUsAACvuv.jpg

And the pronouncement:

http://www.nbcnews.com/news/world/oscar-pistorius-convicted-murder-appeal-faces-15-years-prison-n472771

Freckles wrote:Oscar Pistorius appeal changes conviction to murder

CNN) -- Oscar Pistorius has been found guilty of the murder of Reeva Steenkamp, after South Africa's Supreme Court overturned the previous conviction of culpable homicide.

Judge Eric Leach ruled Thursday that paralympic gold medalist should have foreseen that his firing of the gun would have killed whoever was behind the door, regardless of whether he thought it was Steenkamp or an intruder.


Pistorius shot girlfriend Reeva Steenkamp, a model, four times through a locked toilet door on Valentine's Day 2013, saying he mistook her for an intruder.

His jail term is yet to be decided but he faces up to 15 years in prison....."


http://www.wptv.com//news/world/oscar-pistorius-appeal-changes-conviction-to-murder?audiencePageId=1397131438

Excellent news!  Thanks, Freckles!

Freckles wrote:Oscar Pistorius appeal changes conviction to murder

CNN) -- Oscar Pistorius has been found guilty of the murder of Reeva Steenkamp, after South Africa's Supreme Court overturned the previous conviction of culpable homicide.

Judge Eric Leach ruled Thursday that paralympic gold medalist should have foreseen that his firing of the gun would have killed whoever was behind the door, regardless of whether he thought it was Steenkamp or an intruder.


Pistorius shot girlfriend Reeva Steenkamp, a model, four times through a locked toilet door on Valentine's Day 2013, saying he mistook her for an intruder.

His jail term is yet to be decided but he faces up to 15 years in prison....."


http://www.wptv.com//news/world/oscar-pistorius-appeal-changes-conviction-to-murder?audiencePageId=1397131438

Indeed excellent news, CP and Freckles.....but I have read that the original Judge Masipa will determine the actual sentence. I hope she is under strict guidelines now that he is a convicted murderer.

Well, the judge from the appellate court pretty much laid it out.
I think she only can determine the length of his sentence and perhaps the location.

You know, she is coming out of retirement to finish this last detail?

Oscar Pistorius could serve just THREE years after being convicted of murdering Reeva Steenkamp... but her family say the model can finally 'rest in peace'
By Jane Flanagan In Cape Town and Corey Charlton for MailOnline
Published: 02:26 EST, 3 December 2015 | Updated: 18:23 EST, 3 December 2015

Oscar Pistorius could be out of prison in just three years after he was found guilty of murdering his girlfriend Reeva Steenkamp, a source close to the trial has said.

The Paralympian was sentenced to five years for manslaughter last October but he served less than a year of that before he was placed under house arrest in his uncle's mansion.

Pistorius, 29, could now be rearrested and jailed before Christmas day after five Supreme Court judges upgraded that conviction to murder.

The minimum sentence for murder in South Africa is 15 years but 'he can even get ten years and eventually only serve 30 per cent, so three years', said a source at Pretoria's High Court.

...'He cannot be under house arrest any more, as that has been set aside. I don't think the NPA [National Prosecuting Authority] has any alternative now but to arrest him and take him into custody pending the sentencing hearing which cannot take place until the New Year.

'He will of course be free to apply for bail, but he could very well now be behind bars for Christmas.'

Read more: http://www.dailymail.co.uk/news/article-3343970/Oscar-Pistorius-morning-manslaughter-charge-killing-Reeva-Steenkamp-overturned-MURDER-conviction.html

South Africa issues arrest warrant for Pistorius: ENCA TV
Reuters
1 hour ago

JOHANNESBURG (Reuters) - South African authorities have issued a warrant of arrest for Oscar Pistorius, a day after the Paralympic champion was convicted on appeal of murdering his girlfriend Reeva Steenkamp, ENCA television reported on Friday.

Read more:  http://news.yahoo.com/south-africa-issues-arrest-warrant-pistorius-enca-tv-151930648--spt.html

S.African authorities deny issuing Pistorius arrest warrant
AFP
21 minutes ago

"No arrest warrant has been issued," NPA spokesman Luvuyo Mfaku told AFP, dismissing local media reports. "We are facilitating the process so he can appear in court urgently."

http://news.yahoo.com/african-authorities-deny-issuing-pistorius-arrest-warrant-172833477.html

Sunday Times News By Ulrich Roux, 2015-12-07

Oscar Pistorius: 5 ways the SCA's judgment differed from Judge Masipa



There's nowhere to hide for Oscar Pistorius after the Supreme Court of Appeal (SCA) upgraded his conviction from culpable homocide to murder. We take a closer look at five ways the judgment handed down by the SCA differed from Judge Thokozile Masipa's ...

1. The assessment of circumstantial evidence

When Captain Chris Mangena testified during the trial, Judge Masipa praised him for his helpful testimony.

When it came to handing down judgment, however, she referred to the majority of witnesses who testified, but failed to even mention Mangena’s unchallenged testimony pertaining to the shots fired by Oscar Pistorius. She did not make it clear whether any conclusion was made by her based on his testimony.

When Justice Eric Leach handed down judgment, he made it clear no circumstantial evidence can be ignored and that all evidence placed before a court must be considered as a whole when evaluating the merits of a case.

Circumstantial evidence, whether accepted or not by a court, must still be considered when reaching a verdict.

Read more:

http://www.timeslive.co.za/sundaytimes/stnews/2015/12/07/Oscar-Pistorius-5-ways-the-SCAs-judgment-differed-from-Judge-Masipa

Analysis

Oscar Pistorius convicted of murder: Key questions answered

07 Dec 2015 07:48 | Claire Phipps, Nadia Khomami

The Supreme Court of Appeal found the athlete guilty of murder. How did the judges reach their decision and what happens now?

What happened in court?
Oscar Pistorius has been found guilty of the murder of Reeva Steenkamp, in a supreme court ruling that overturned a culpable homicide conviction. Justice Eric Leach, reading the ruling on behalf of a five-judge bench unanimous in its verdict, said:  “As a result of the errors of law … and on a proper appraisal of the facts, [Pistorius] ought to have been convicted not of culpable homicide on that count but of murder.

“In the interests of justice the conviction and the sentence imposed in respect thereof must be set aside and the conviction substituted with a conviction of the correct offence.”

How did the judges reach their decision? The issue before the court was whether in shooting Steenkamp Pistorius committed the crime of murder, defined as the intentional killing of a human being, or the lesser offence of culpable homicide, defined as the negligent killing of another.

The judges said Pistorius’s evidence and explanations for killing Steenkamp were implausible and that he had never offered an acceptable explanation for firing four times through a closed door.

They said Pistorius’s claim – one of several put forward by the defence – of putative private defence, or self-defence in fear of his life, was not rational. His evidence was so contradictory that it was impossible to know his true reason for firing, but it was clear that the person behind the door did not pose any immediate threat to him.

What was the state’s case?
State prosecutors, speaking at an appeal hearing in November, argued that trial judge, Thokozile Masipa, was wrong when she found Pistorius not guilty of murder.

Chief prosecutor Gerrie Nel told the panel of five judges that Masipa had erred in her application of the legal principle of dolus eventualis, and that she was wrong to conclude that Pistorius had not foreseen that firing four shots into a locked door was likely to kill or injure the person behind it.

Even if Pistorius believed Steenkamp was in bed, there was a criminal intent to bring about the demise of whoever was inside the toilet cubicle, Nel argued.

The state further alleged that the trial judge was wrong to dismiss circumstantial evidence that it said proved the accused’s version of events to be impossible.

Read more:

http://mg.co.za/article/2015-12-07-oscar-pistorius-convicted-of-murder-key-questions-answered/

Oscar Pistorius faces immediate return to jail after bail hearing

Court will decide on Tuesday whether athlete must return to prison or if he will be granted bail until sentencing hearing

Simon Allison in Johannesburg
Monday 7 December 2015 08.05 EST  

Oscar Pistorius could be back in jail as early as Tuesday morning if a bail hearing does not go in his favour.

The North Gauteng high court will decide whether to return the athlete to prison immediately or grant bail until a new sentencing next year. Pistorius will attend the hearing.

~Snipped~

Pistorius’s sentencing hearing is expected in the second quarter of 2016. Until then, he is likely to remain confined at his uncle’s house or be returned to prison, depending on the court’s decision on Tuesday.

The National Prosecuting Authority (NPA) had been expected to request a warrant for Pistorius’s arrest to guarantee his presence, but his lawyers agreed that he would appear on Tuesday on the basis of “voluntary surrender”. The NPA did not indicate whether they intended to oppose bail or not.

The hearing should offer clues as to whether Pistorius intends to appeal against his murder conviction in the constitutional court, and if so on what grounds.

Read more:

http://www.theguardian.com/world/2015/dec/07/oscar-pistorius-immediate-return-jail-bail-hearing

Pistorius to apply for bail in South African court on Tuesday

Mon Dec 7, 2015 12:38pm GMT

JOHANNESBURG (Reuters) - Oscar Pistorius will appear in court Tuesday to apply for bail following his conviction for murdering girlfriend Reeva Steenkamp, a justice department official said on Monday.
 
"The bail application hearing for Oscar Pistorius has been set down for tomorrow at 9.30 am (0730 GMT) at the Pretoria High Court," said the official, who declined to be named.

Read more:

http://af.reuters.com/article/topNews/idAFKBN0TQ1EQ20151207

Very interesting legal information about the case:

Latest Pistorius judgement 'correct'

Updated Thu at 11:54am

Legal expert Martin Hood says there is a general sense of relief in South Africa over the latest judgement handed down to Oscar Pistorius, which he believes is "correct".

Beverley O'Connor

Source: The World | Duration: 6min 12sec

Video:

http://www.abc.net.au/news/2015-12-04/latest-pistorius-judgement-'correct'/7000178

Thank you for all of these updates, AD. Interesting that the legal expert feels OP has no grounds for appeal on this latest verdict. I hope he gets NO BAIL tomorrow, but we shall see!

Weeziethm wrote:Thank you for all of these updates, AD.  Interesting that the legal expert feels OP has no grounds for appeal on this latest verdict.  I hope he gets NO BAIL tomorrow, but we shall see!  

Hi Weezie,

The legal expert basically said that the only kind of appeal that Pistorius can present to a higher court could be the argument that his constitutional rights were violated by the appeal court ruling, but he doesn't see the legal grounds to back up that argument.

I believe that Pistorius, and his legal team, will stoop to any level to avoid prison time. I hope I don't have to see again the deplorable spectacle of Pistorius vomiting in a green bucket to appeal to the public's sympathy. The only person who was convinced by his histrionic act was apparently Judge Masipa. Her ruling was as disgusting and as appaling as Pistorius' self defense multiple scenarios.

My hope is also that the judge who will be presiding over the bail hearing denies his bond request and sent him straight back to prison, but I'm not sure that is what is going to happen.

One can only hope ...

Many thanks to Freckles and CP for all the recent updates.

Roux agrees to let Pistorius ‘surrender himself’

Oscar Pistorius shot and killed his girlfriend Reeva Steenkamp on Valentine’s Day nearly three years ago.

Barry Bateman | about 5 hours ago

~Snipped~

A National Prosecuting Authority official has told EWN that defence advocate Barry Roux agreed to ensure that his client surrenders himself to the High Court tomorrow morning.

Proceedings are scheduled to start at 9:30am when Deputy Judge President Aubrey Ledwaba will hear a bail application and set a date for sentencing argument next year.

Read more:

http://ewn.co.za/2015/12/07/Roux-agrees-to-let-Pistorius-surrender-himself-to-High-Court

".....Under the terms of his bail, Pistorius was given permission to leave the house where he's residing between 7 a.m. and noon every day. He would only be allowed to travel within 20 kilometers (12 miles) of the home and would need written permission to leave, Ledwaba said.

The judge added that the sprinter would have to hand over his passport and travel documents and not apply for new documents "until conclusion of the matter."

Prosecutor Gerrie Nel had argued that authorities "feel strongly that he should not leave the house at any time."

He added: "This is a serious offense …   that is why we think and we think there should be serious bail conditions."

http://www.nbcnews.com/storyline/pistorius-trial/oscar-pistorius-seeks-bail-after-murder-conviction-n476011

Story states the bail granted was less than $700... and that is some serious money, folks!
It is CULPABLE HOMICIDE after all!!!

Snipped from Freckles link above.....he also plans to appeal murder conviction with the Constitutional Court. And sentencing is scheduled for April 18, 2016.

^^^
Thanks, Weezie!

(Forgive my sarcasm in my last post. I just could not believe a bail of less than $700 and a home arrest allowing him to travel willy-nilly within 120 miles of his home as being very "serious" at all. The sentence, itself, is a huge farce (up to 15 years) considering it is murder. I was stunned when I had read of his "privileges" while he was incarcerated earlier this year. To call this serious is something else... )

Oscar Pistorius to appeal to South Africa's highest court

Christopher Torchia, Associated Press | December 8, 2015  | Updated: December 8, 2015 2:21pm



Oscar Pistorius, left, speaks with his defense lawyer Barry Roux at the High Court in Pretoria, South Africa, Tuesday Dec. 8, 2015. Pistorius wants to take his case to the Constitutional Court, challenging an appeals court that convicted him of murdering girlfriend Reeva Steenkamp, the Olympian's lawyer said.

PRETORIA, South Africa (AP) — Oscar Pistorius will try to appeal his murder conviction in South Africa's highest court, his lawyer said Tuesday, possibly extending a legal battle that began nearly three years ago when the double-amputee Olympian shot girlfriend Reeva Steenkamp to death in his home.

http://www.sfchronicle.com/news/crime/article/Oscar-Pistorius-granted-bail-following-murder-6683374.php

(You need to subscribe to be able to read the rest of the article, the picture is quite interesting ...)

___________________

Oscar Pistorius to appeal to South Africa's highest court

Olympic athlete granted bail in murder case

By Christopher Torchia
The Associated Press

Published: Tuesday, December 8, 2015 at 10:53 p.m.
Last Modified: Tuesday, December 8, 2015 at 10:53 p.m.

PRETORIA, South Africa — Oscar Pistorius will try to appeal his murder conviction in South Africa's highest court, his lawyer said Tuesday, possibly extending a legal battle that began nearly three years ago when the double-amputee Olympian shot girlfriend Reeva Steenkamp to death in his home.

As Pistorius sat in the dock in a wood-paneled courtroom, defense lawyer Barry Roux unveiled the plan to take the sensational murder case to an 11-judge court known for abolishing the death penalty and affirming basic human rights after the 1994 end of white minority rule in South Africa.

If the Constitutional Court chooses not to hear the case, Pistorius will be back in a lower court on April 18 for the start of a sentencing process, meaning he will remain under house arrest under bail terms announced Tuesday for at least the next several months.

Read more:

http://www.theledger.com/article/20151208/news/151209512

Reuters World ‏@ReutersWorld  · 6h  
Oscar Pistorius: bailed, tagged and free to roam. Take a look at our timeline of his trial: http://reut.rs/1R8oGTc

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Oscar Pistorius Released on $692 Bail After Murder Conviction in Death of Girlfriend Reeva Steenkamp



By Char Adams @CiCiAdams_ 12/08/2015 AT 07:50 AM EST

Read more:

http://www.people.com/article/oscar-pistorius-release-bail-reeva-steenkamp-murder

Oscar gets tagged: Pistorius arrives to be fitted with electronic device after being granted bail of just £450 as it emerges he's studying online law course through London university LSE

. Athlete granted bail under house arrest until murder sentencing on April 18
. Will be tagged and must get police permission to leave uncle's luxury villa
. Took seat in court where he broke down during his dramatic trial last year
. He is studying business with law through the London School of Economics
. He faces a minimum 15-year jail sentence after being convicted of murder
. But Paralympian is appealing his conviction to South Africa's highest court

By Jane Flanagan and Simon Tomlinson for MailOnline
Published: 02:16 EST, 8 December 2015  | Updated: 11:04 EST, 8 December 2015

Oscar Pistorius has been fitted with an electronic tag as part of his bail conditions after he avoided being sent back to prison despite his conviction for murdering Reeva Steenkamp.

Looking relaxed in a baseball cap and sunglasses, the athlete arrived at the correctional services department in Pretoria just hours after a judge allowed him to continue his house arrest at his uncle's luxury villa.

The Paralympian has to surrender all passports and will be strictly monitored as he awaits his sentencing for murder, which has been set for April 18.

During his bail hearing, it was also revealed that Pistorius has been studying for a law degree through the London School of Economics.

In an affidavit submitted to the court, he said he was taking a £5,000 BSc business with law course after struggling to find work because of his conviction.

Scroll down for video



Read more:

http://www.dailymail.co.uk/news/article-3350568/Blade-Runner-dock-Oscar-Pistorius-returns-court-bail-hearing-jail-convicted-murdering-Reeva-Steenkamp.html#ixzz3tn4ErxkG

Oscar Pistorius tells bail hearing he is ‘studying law at London university’

In AFRICA | December 8, 2015 | TODAY Staff

Oscar Pistorius has said he is studying a law and business degree at a London university, as he awaits sentencing for murder after judges overturned his manslaughter conviction.

In court documents filed for his bail hearing on Tuesday the South African Olympian and Paralympian argued he needed web access to complete his course at the London School of Economics.

“I have enrolled at the London School of Economics for a BSc Business and Law degree. I study by way of correspondence and need daily access to the internet for this purpose,” he is reported as saying.

The London School of Economics, however, have said they offer no such degree programme.

A LSE spokesman said: “LSE cannot attribute any personal information about current students. However, we can confirm that the school does not offer correspondence degrees and does not offer a BSc in Business with Law.”

Read more:

https://www.today.ng/news/africa/48990/oscar-pistorius-tells-bail-hearing-he-is-studying-law-at-london-university

_____________________



LSE ‏@LSEnews  · 10h  
We don’t comment on individual students but can confirm that we don't offer correspondence degrees & don't offer BSc in Business w Law (2/2)

LSE ‏@LSEnews  · 10h  
We’ve received some questions from our student and alumni communities today regarding Oscar Pistorius studying at LSE (1/2)

https://twitter.com/LSEnews

'Sorry, we're not interested,' ConCourt could tell Oscar - expert

2015-12-08 13:03
Ahmed Areff, News24


(File, Netwerk24 & AP)

Johannesburg - Paralympian Oscar Pistorius is turning to the Constitutional Court to try to overturn his murder conviction, but it might be tricky to convince the highest court of the country to hear his appeal, a legal expert has warned.

But he has definitely bought himself some time.

While Pistorius can base his appeal only on the judgment by the Supreme Court of Appeal (SCA) that turned his culpable homicide conviction into murder, he cannot base it on the earlier High Court judgment, Marius du Toit, a defence lawyer and former prosecutor, told News24.

"I would love to see their application [to the Constitutional Court]. Some people are saying they will focus on his right to a fair trial, but they are bound by the judgment handed down by [SCA justice Eric] Leach," said Du Toit.

"You have to look for constitutional grounds in that judgment. Not [High Court Judge Thokozile] Masipa's."

Read more:

http://www.news24.com/SouthAfrica/News/sorry-were-not-interested-concourt-could-tell-oscar-expert-20151208

Oscar Pistorius to spend Christmas at home

SABC Digital News



 
Chriselda Lewis on Oscar Pistorius's murder conviction appeal

SABC Digital News




Oscar Pistorius' legal rep. Barry Roux submits his appeal to the court

SABC Digital News

Published on Dec 8, 2015
Oscar Pistorius' legal representative Barry Roux has told the High Court in Pretoria that his client will approach the Constitutional Court to appeal the murder conviction. This comes after the Supreme Court of Appeal overturned the athlete's culpable homicide conviction to murder last week. Pistorius killed his girlfriend Reeva Steenkamp on Valentine's Day in 2013.




Advocate Gerrie Nel response to Oscar's application

SABC Digital News

Published on Dec 8, 2015
This was the state's response to the defence's application.


https://www.youtube.com/channel/UC8yH-uI81UUtEMDsowQyx1g