Lying in the Sun

Pistorius Cross Exam End

Pistorius Cross Examination Ends



Thomson Sky News Speaks with Llewelyn Curlews SA Legal Expert


Thomson:

Was it a classice type of cross examination?


Curlewis

Yah.  One  kind of expected that kind of cross examination  coming from Gerrie Nel.   In all fairness towards Barry Roux I would assume that after the break he will try to undo some of the damage done byt he Prosecution.  And if you ask me, a lot damage and injures sustained by the Defence  case up to now.  Especially yesterday, I think yesterday was probably the best day of them all for the Prosecution case.  I think Gerrie Nel properly wrapped it up in no uncertain terms.  He also went about the last half an hour or so covering the issues surrounding the competent verdict which we have explained to our viewers earlier in the week.  So  I think all in all he should be very confident at this stage securing in the fact that he should have been able to at least  prove one or more of the charges in the indictment.

Thomson

Lesser charge which we in the UK would call manslaughter you call culpable homicide here, and you feel he has done sufficient here because basically what he seemed to be doing here from what I could understand this morning was going over a lot of the parts of the argument and applying what you would call here the reasonable man test.

Curlewis

What we have here is, there is a distinction between the two tests applicable with regard the main count which is murder then what is the subjective test – a very heavy burden of proof on State to secure a conviction there .  Whether hes been successful in that remains to be seen.

On the other hand with regard to the culpable homicide case I do think the State has proven at least 1% negligence on the side of Oscar Pistorius, and that is more than sufficient to secure a conviction on the competent verdict. 

That is an objective test, the reasonable person the reasonable Court must put him or herself in the position of Oscar Pistorius during the course of that night's events, and then ask whether he or she would have done precisely the same.  And from what I’ve gathered in Court up until now I don’t think that conclusion would be reached by Court.

Thomson

So what are Barry Roux' options now as he goes back to re-examination he could I assume go through everything again and try and unpick and unravel all the arguments the case Mr Nel has made or he could skate over it pretty quickly and get out or he could try and come back I guess with some sort of offer?


Curlewis

Not completely correct you are not allowed in re-examination to cover all the evidence again.  You are only allowed assist the Court with regard to those issues that there might be some confusion about or evidence that was entertained and to that effect that is the limitation, that is the one option.  Obviously he might come back and say 'listen we've had a discussion, we've consulted properly  we are now offering a tender, plea on the competent verdict, we are willing to change our plea to one of guilty on the lesser charge.'

Thomson

Of culpable homicide?

Curlew

Cupable Homicide

Thomson

Is that a distinct possibility, do you think?

Curlewis

It should be a serious possibility to be kept in mind.   If they do so they still have the advantage to then say to Court 'but listen we didn’t ultimately waste the courts time, we do have remorse we now also conclude in our own minds that we were at least 1% negligent.'

Thomson

And does that put Mr Nel the Prosecutor in a slightly difficutl position when they have offered to change plea to guilty on the lesser charge of manslaughter/ culpable homicide.  Where does that leave him on his charge of murder?

Curlewis

Choices, choices that is what life is all about.  And now Gerrie Nel will be confronted specifically  with that very difficult question  - Should I take the offer, and settle for second best which is culpable homicide, but still win, OR  should I proceed, and go for the jugular?'   In other words - If I don’t secure a conviction then I  might end up getting nothing whatsoever.  And obviously he might come over as foolish hearted if he does not seriously consider such a proposal or offer by the Defence.  

So I think they will offer an adjournment at least, and he will consult with some of his experts, and colleagues before he makes that ultimate call.


END

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


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