Oscar Pistorius’s convictions & the State’s Appeal – Justice?

reevaReeva Steenkamp killed

 

Oscar Pistorius’ smart-arsed lawyers have actually ‘failed’ in their bid last week to get Judge Masipa to accept their Application to ‘supposedly’ block the State’s appeal to the Supreme Court in Bloemfontein, on her acquittal of him last September on murder charges.

All indications are that it was just another ploy by Pistorius to escape justice by throwing yet another spanner in the works of the South African justice system. It is said there was no provision in South African law for the court to even hear an application of this kind, let alone to grant it. Why is he allowed to do it then? Anything to do with him being rich and famous perhaps?

The defence lawyer Barry Roux had obliged the Judge to review her ‘own’ decision on the ‘leave to appeal’, as he claimed that it was in reality based on matters of fact and not law as required.

Not only did the Judge subsequently ‘strike-out’ from the roll the Application by Roux, but she also recorded that there was nothing really new presented – what a surprise there then, since he had already extensively argued their case at the actual appeal application hearing eventually held in December last year, hadn’t they?.

In her typically worrying style in this trial, Judge Masipa also added that she wasn’t satisfied that hers was the correct court to hear the Application. Is she really suggesting & inviting the Defence to go to another court, one cant but  wonder?

Even after the State files (in the next couple of months) a transcript of the original trial to the Supreme Court, each side will have to submit their written arguments (and you can be sure that Pistorius will delay his as long as possible – in SA that seems to be an indeterminate time), before any date for a hearing can be set and that itself could take many-many months or even a year. Will the SA authorities ‘fast track’ it? In your dreams.

Oh yes, on the surface Pistorius seems to have ‘failed’ in this latest trick, but has he really? Certainly not. This most recent action has again delayed things, as he cynically intended, stopped the appeal matter being submitted, meaning he will get his early release from Mampuru II prison in August just as he planned – there is absolutely no chance now, is there, of the Prosecutor Gerrie Nel ‘s appeal being heard before killer Pistorius is back in his plush home and living his privileged life again? Will he even get his passport back to be able to travel the World – evidence so far suggests he will, don’t you think?

Until the summer then, Pistorius will have an unbelievably cushy time in jail where reportedly he has been already given the top privileges like being entitled to make more phone calls, wear jewellery, own a radio, and hug his visitors. He is a convicted killer if nothing else, so why is this happening? Anything to do with him being rich and famous perhaps?

Even if the State do win at Appeal and Pistorius is finally convicted of the violent murder of Reeva Steenkamp, and he gets a minimum fifteen year sentence, he will nevertheless benefit significantly from these delays, as his ten months served in a cushy jail followed by one to two years time spent at home on house arrest licence will count towards his final sentence (so less time banged-up). You see that’s what money can buy you in that environment., doesn’t it?

Pistorius is not getting the normal punishment reserved for a violent killing in ANY other country, is he? Nothing can ever of course bring back Miss Steenkamp, but it sticks in the throat of most people in South Africa and the rest of the World watching, that her killer (or murderer), has in reality escaped the consequences, don’t you think?

 

 

[This whole Pistorius  trial has been a mockery of justice and sadly South Africa has as a consequence been ridiculed worldwide, hasn’t it]

PREVIOUS POST: Oscar Pistorius fights-on for early release – a justice system in turmoil? March 9, 2015

 

 

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