Oscar - SA's OJ case

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  • Hermes14
    Bronze Member

    • Mar 2013
    • 152

    #61
    Originally posted by newBix
    But what pisses me off is the "OS" representation stated “I DIDNT WANT TO DO THIS BUT I WILL“ how the hell is this not a fret from him to the witness?

    He basically said ok you showed your face stated that you are a x-girlfriend but i got e-mails showing that you are not and NOW I am going to humiliate you with this “evidence” am i missing something?
    SM is a state witness & it is therefore necessary for OS representation to try & prove that the evidence she is giving is inadmissible.

    Comment

    • HR Solutions
      Suspended

      • Mar 2013
      • 3358

      #62
      I think that the firing of a shot at a restaurant and the firing of a weapon out of the car is very important. I think that it shows that we are dealing with a VERY VERY irresponsible person, that on firing the weapon irresponsibly a third time (that we know) - he killed someone !! And his life was NOT in immediate danger as we all know your life has to be in immediate danger to fire a weapon and he shot thro a door !!

      He has got a collectors firearm licence, he has done a competency test and passed !! WTF - now act responsibly and if you don't then you must face the music !! And if he gets away with this, what will be the fourth irresponsible thing that he does ????

      Comment

      • pmbguy
        Platinum Member

        • Apr 2013
        • 2095

        #63
        Unless evidence is produced that definitively proves that his version of events (Thinking of the bullet angles, standing etc) is almost impossible, the possibility of it being judged as an accident is substantial. There is certainly enough plausibility in his story (Currently, given future evidence) that Nell might go for a lesser charge – as Hermes pointed out.

        While we on the subject I will never support a jury type system, unless you test for intelligence first. This for me is a much greater concern than the “guilty to be proven innocent” visa versa issue. I think that anybody, including Oscar, will get a fairer shake under our law. One thing that is a positive for the Jury system is that they (the jury) don’t suffer from the customisation-of-guilty-people-sitting-in-front-of-them effect. I will still choose a few smart judges though if I was innocent, if guilty I would choose the jury.

        Concerning the evil prosecutor. When a person’s entire life hangs in the balance I think the means justify the ends when it comes to hard questioning. I do admit that it does feel wrong, but I can assure you its natural-normal even prudent.


        Can anybody hazard a guess at this point as to how long the trial will last?
        It is not the strongest of the species that survive, nor the most intelligent, but the one most responsive to change. – Charles Darwin

        Comment

        • sterne.law@gmail.com
          Platinum Member

          • Oct 2009
          • 1332

          #64
          5 days, 10 witnesses.
          The state has over 100 witnesses ...you do the maths.
          And at probably R100 000 a day for defense team...do that maths as well.
          Anthony Sterne

          www.acumenholdings.co.za
          DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

          Comment

          • pmbguy
            Platinum Member

            • Apr 2013
            • 2095

            #65
            .Wow! at 50 days and your approximated rate being R100 000 a day, that amounts to R5mil!!. 5mil for Oscar might not be an inheritance killer. I dont know his net worth, which should be substantial (such successful branded athletes dont usually have the cash drain rappers have). I heard some of his family speak and they seem well endowed - somewhat refined. I guess rather tentatively that a +5mill account may be survivable...its their golden son for goodness/F sake!

            I bet they sold “A” Umshlanga property already for retainer.
            It is not the strongest of the species that survive, nor the most intelligent, but the one most responsive to change. – Charles Darwin

            Comment

            • newBix
              Full Member

              • Feb 2014
              • 76

              #66
              Originally posted by sterne.law@gmail.com
              5 days, 10 witnesses.
              The state has over 100 witnesses ...you do the maths.
              And at probably R100 000 a day for defense team...do that maths as well.
              The idea was to show that the law is the same for all... I can’t afford that per day... Who can?
              love Life + take care of your body

              Comment

              • sterne.law@gmail.com
                Platinum Member

                • Oct 2009
                • 1332

                #67
                Originally posted by pmbguy
                .Wow! at 50 days and your approximated rate being R100 000 a day, that amounts to R5mil!!. 5mil for Oscar might not be an inheritance killer. I dont know his net worth, which should be substantial (such successful branded athletes dont usually have the cash drain rappers have). I heard some of his family speak and they seem well endowed - somewhat refined. I guess rather tentatively that a +5mill account may be survivable...its their golden son for goodness/F sake!

                I bet they sold “A” Umshlanga property already for retainer.

                Well endowed? You know that just from their tone? Would that influence scream tones?
                Anthony Sterne

                www.acumenholdings.co.za
                DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

                Comment

                • desA
                  Platinum Member

                  • Jan 2010
                  • 1023

                  #68
                  Simple solution after guilty verdict - along the lines of Chinese system.

                  Oscar is lead to a room with floor sloping towards central drain. Oscar faces centre of room. Bullets fired into his errant brain. Body removed. Hosepipe sprays the debris down the hole/drain & off walls.

                  Imagine that dispatch on live TV.
                  In search of South African Technology Nuggets(R), for sale & trading in South East Asia.

                  Comment

                  • sterne.law@gmail.com
                    Platinum Member

                    • Oct 2009
                    • 1332

                    #69
                    From his bail affidavit
                    The immovable property in which I currently reside, at*[address redacted]*("the residential premises"). This property is valued at approximately R5 million and is encumbered by a mortgage bond in the amount of approximately R2 million.Two further immovable properties located within Weeping Willow Estates, Pretoria East, which properties have a combined value of approximately R1,6 million. Both properties are bonded to an aggregate value of approximately R1 million.A vacant stand in Langebaan, Western Cape, which has a value of approximately R1,7 million. This property is not bonded.I own movable assets comprised of household furniture and effects, motor vehicles and jewellery, which are valued in excess of R500 000,00.My friends and family reside in the RSA, although I also have friends abroad.My professional occupation currently provides me with an income of approximately R5,6 million per annum.I have cash investments in excess of R1 million at various banks within the RSA.
                    Anthony Sterne

                    www.acumenholdings.co.za
                    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

                    Comment

                    • pmbguy
                      Platinum Member

                      • Apr 2013
                      • 2095

                      #70
                      Originally posted by sterne.law@gmail.com
                      Well endowed? You know that just from their tone? Would that influence scream tones?
                      \

                      Yes I do get the feeling from “their tone” that they can pay, a feeling at best. The screams are obviously more prudent evidentially. I was examining one aspect somewhat separate
                      It is not the strongest of the species that survive, nor the most intelligent, but the one most responsive to change. – Charles Darwin

                      Comment

                      • Hermes14
                        Bronze Member

                        • Mar 2013
                        • 152

                        #71
                        Originally posted by HR Solutions
                        He killed someone !! And his life was NOT in immediate danger as we all know your life has to be in immediate danger to fire a weapon and he shot thro a door !!
                        I going to be quoting the law which I studied in the security industry more than 10 years ago.
                        Please correct me if I do make an error.
                        A security officer has the same rights as any civilian, the only difference is the security officer is suspected to know the law.

                        Lets first look at a few definitions.
                        Crime :- A crime is an unlawful conduct, performed with a blameworthy state of mind by criminally responsible person which is punishable by the state.

                        Private Defence :- Private defence is a ground of justification upon which a person can rely if he protects his or another person’s interest against an unlawful attack which has commenced or is imminent the time he protects his interest.

                        The defence legal team are going to try & prove that Oscar acted or thought he was acting private defence & also probably try to prove that he was not in a blameworthy state of mind when the incident occurred.

                        The state are going to try to prove beyond a reasonable doubt that Oscar committed a crime & try to determine if it is Premeditated murder; murder; culpable homicide or negligence.

                        Regarding the use of force, the attacker must have committed or be attempting to commit a first scheduled offence.
                        There must be a threat.
                        The threat must be imminent.
                        The threat must be directed at yourself or a third person.
                        The force necessary to stop the perpetrator must be justifiable.

                        The best way to explain this is lets say person “A” picks up a stone & wants to throw it at person “B”.
                        You have reason to believe that if the stone hits “B” it will cause a serious wound to a limb or endanger his life.
                        From the time “A” picks up the stone to the time it leaves his hand the threat is imminent & you can shoot him. Once the stone has left his hand the threat is not imminent anymore & you can’t shoot him.

                        Before you can shoot a perpetrator you have to warn him by shouting “Stop or I will shoot” three times or by firing a warning shot.
                        If the perpetrator turns around & flees you can’t shoot him anyone more.

                        Comment

                        • newBix
                          Full Member

                          • Feb 2014
                          • 76

                          #72
                          I would like to see the door and the bullet holes...
                          love Life + take care of your body

                          Comment

                          • Hermes14
                            Bronze Member

                            • Mar 2013
                            • 152

                            #73
                            Originally posted by sterne.law@gmail.com
                            5 days, 10 witnesses.
                            The state has over 100 witnesses ...you do the maths.
                            And at probably R100 000 a day for defense team...do that maths as well.
                            From what I have heard ADV Barry Roux is costing Oscar R50 000 - 00 per day in court.
                            I don't know how much the rest of his legal team is charging him.

                            Comment

                            • pmbguy
                              Platinum Member

                              • Apr 2013
                              • 2095

                              #74
                              Totally offf topic, however I wish to say the following:. Be it 322 or 308 or 9 mill pain spear to the intruders heart... Any questions right or wrong are answered by instinct, I will quote myself “if you mean the end of me...then I will be the instrument of the end of you!” If I feel threatened to a physical degree I will end the speculation at once and react appropriately – and bring your blood pressure down to zero.
                              It is not the strongest of the species that survive, nor the most intelligent, but the one most responsive to change. – Charles Darwin

                              Comment

                              • newBix
                                Full Member

                                • Feb 2014
                                • 76

                                #75
                                Originally posted by pmbguy
                                Totally offf topic, however I wish to say the following:. Be it 322 or 308 or 9 mill pain spear to the intruders heart... Any questions right or wrong are answered by instinct, I will quote myself “if you mean the end of me...then I will be the instrument of the end of you!” If I feel threatened to a physical degree I will end the speculation at once and react appropriately – and bring your blood pressure down to zero.
                                People can imagine what they will do if someone enters their home. Some think they will be able to fight their way out others say they will shoot their way out and I blame ninja movies...

                                that cold steel 9mm wily of yours means nothing if they got you first. i also own a gun but it is safely locked away in a SAFE where it is suppose to be. But lets say I have to defend myself. i got pepper spray “the big bottle security personnel use” I got a crossbow that can be loaded in a few seconds. I also have a stun baton and a Tippmann TPX loaded with solids and pepper balls.

                                I cannot imagine an attacker wanting to hurt me after I shot him with solid balls and pepper balls, then sprayed him with 500ml of pepper spray and then electrocuted him with 50000 Volts. And I still have the option to impale him with an arrow.

                                Also I have an alarm with a panic button. So at what stage do I go and get my gun? well if all of the above failed I am dealing with terminator and I am screwed... so getting my gun would be pointless.
                                love Life + take care of your body

                                Comment

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