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Thread: Oscar - SA's OJ case

  1. #111
    Platinum Member Marq's Avatar
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    I put it to you that:-
    Kenny Oldwadge seems to have been to the same Hogwarts school of legal subterfuge as the Le Roux guy, but I think he is losing the defence some points. Twisting the story left and right without success this morning. Nel even objected at one point, which must be a first. Maybe/perhaps/apparently/without prejudice, Oldwadge is the probono portion of the trial.
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  2. #112
    Platinum Member desA's Avatar
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    Kenny Oldwadge seems like a really obnoxious character. A bit of a prat, I thought & a rude one at that.
    In search of South African Technology Nuggets(R), for sale & trading in South East Asia.

  3. #113
    Bronze Member Hermes14's Avatar
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    QUOTE=desA;107985]Two systems of law:

    1. Innocent until proven guilty.
    1.1 One person can tie up immense resources who have to 'prove' the case against the baddie.
    1.2 Clogs the legal system.
    1.3 Baddie can carry on as 'normal' until the court finally stops him - if ever.

    2. Guilty until proven innocent.
    2.1 Baddie has to do the running around to prove his innocence.
    2.2 Far less stress on the legal system.
    2.3 Baddie's hands are tied & further damage limited.[/QUOTE]

    You must remember that we are dealing with human beings.
    I would classify a Judge or magistrates task more of an art than a science.
    There is no text book that can teach you how to tell if a person is innocent or guilty.
    At the end of the day a Judge has got to rely on her/his knowledge & experience to determine if a person is innocent or guilty.
    DesA how would yo feel if you were sentenced to life for a crime you did not commit & 15 years down the line they catch the real criminal.
    Sterne as soon as you employ a lawyer to fight a case for you he does a thorough background check on you.
    Most of them do try to milk every possible cent they can out of you especially in the lower courts.
    One point I must agree on is that there is a lot preparation that goes in to a case before it goes to court but every time the case gets postponed he smiles because he charges a he charges you for a full day in court.
    A few years back I made a civil case against a security company that shot my dogs.
    Luckily I had the knowledge to do the investigation myself but I needed special wittnesses to testify.
    My lawyer was charging me R8000-00 a day in court & my Advocate was charging me R20 000-00 a day in court,
    For every email my lawyer received cost me R85-00
    There was a fee for every phone, email & fax call he made & a fee for everyone he received & this is all before you even go to court.
    This is where I learn't when you phone your lawyer plan what you are going to say to him & keep the conversation as short as possible.


    Quote Originally Posted by Marq View Post
    I put it to you that:-
    Kenny Oldwadge seems to have been to the same Hogwarts school of legal subterfuge as the Le Roux guy, but I think he is losing the defence some points. Twisting the story left and right without success this morning. Nel even objected at one point, which must be a first. Maybe/perhaps/apparently/without prejudice, Oldwadge is the probono portion of the trial.
    He is getting paid to defend his client no matter if he is guilty or not.
    That is why he is using every possible trick in the book he possibly can.
    His objective is to create as much doubt as possible in the withnesses statement as possible.

    After listening to all the wittnesses evidence , (neighbours not special wittnesses)I have come to the conclusion that they are unsure of the sequence of events involving the first four loud bangs & the screaming. This could be crucial in determining if it is premeditated murder of an assumption of self defense.

    Hearing this new evidence that CAPT Moller is bring out regarding the cell phones is very interesting, There is the possibility that this could be pre meditated murder.

  4. #114
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    Hermes,

    Might want to wiki on the requirements for a sa judge.

    i have worked in several dozen magistrate courts and i can tell you, they see things thats not even said by both parties. yet valid.
    The purpose of LLB degree outweigh your statements about "There is no text book that can teach you how to tell if a person is innocent or guilty".

    Regards

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