Lying in the Sun

Curlewis Update

Curlewis Update



Thomson (Sky News)

Let’s look back at this cross examination bring us up to speed… this was the core so bring us up to speed.

Curlewis

Obviously this was what it was all about from the outset the Prosecution's case is supposed to, stick or fall, with regard to  whatever occurred in cross examination.  To that that extent I am sure in my mind that Gerrie Nel at least conveyed, serious doubt on the version of Oscar Pistorius.  That being said it is not the end of the route…the end of the road for Barry Roux and that might be the reason why they elected to proceed with the defence, to the end. 

Obviously the question must be asked whether there is sufficient doubt created by the Defence in the mind of the Judge to persuade the Judge to give the benefit of the doubt to Oscar Pistorius, and if not,  and if Gerrie Nel can persuade the Bench that Oscar Pistorius' version should be totally rejected, then he is in for a surprise because then there is a problem.  If there is no version to adhere to any more then obviously the only reliable witness, and probable version, is that of the State, and will probably secure then a conviction on the main charge which is murder.

Now obviously that could have been avoided if the Defnece from the outset either pleaded guilty to a lesser charge, or after cross examination, decided to change their plea.  Which h they did not.  They elected, with all these risks kept in mind, to fight the battle, end it out so to speak.

Thomson

Its a gamble that they can prove beyond all reasonable doubt, that he is not guilty of either the major charge of murder or the lesser charge.  They are gambling on a  clean sweep of getting rid of all those charges

Curlewis

Best scenario, well... or second best scenario for the Defence is obvious.  One, to create doubt on the main charge, and then maybe worst case scenario for them, to try to persuade the Court there is negligence, but not to the extent that Gerrie Nel wants us to believe in other words, gross negligence, maybe the minutest form of negligence which will ultimately then have a bearing on the sentencing being imposed because that is a serious mitigating factor to be taken into consideration

Thomson

I assume Mr Nel has got less to lose than the Defence in a way because if he can't nail down the major charge of murder he knows that the Judge will automatically under SA Law, revert to the lesser charge of culpable homicide, which you feel he’s pretty close to having proved.

Curlewis

That, in conjunction also with charges 2, 3 and 4 which in itself should be considered very serious offence, I mean in terms of legislation 5 years imprisonment in the ammunition charge, 15 years imprisonment is not unheard of, and that, in conjunction with the culpable homicide charge suggests that he could be in prison for a very long time despite the fact he might not be convicted on the main charge of murder.


END


l-azzeri-lies-in-the-sun.com
15th April 2014

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