Lying in the Sun

Pistorius Zombie Video

Pistorius 'Zombie' Video



Trial this morning adjourned.   Barry Roux Defence has objected to the Prosection's intention to introduce a Sky News video.


http://news.sky.com/story/1218645/pistorius-at-gun-range-exclusive-pictures



Jeremy Thomson Sky News speaks with Llewelyn Curlewis SA Legal Expert


Curlewis:


Jeremy this is the first time we actually see the two of them going at it especially with regard evidence being introduced to Court.

Now the first question before Court is  -  Is it admissible/ Is it inadmissible?

Yesterday we mentioned it, we talked about it I mentioned to you, the moment Barry Roux introduced the character evidence of Oscar Pistorius in Court he opened his client up for cross examination on character evidence as well.  Character evidence as such is perse inadmissible unless you allow it.  And from the perspective of Barry Roux he allowed.  Now he must also take the punishment for it.

Thomson:

He’s now trying to slam the door shut isn’t he?


Curlewis:

Exactly but Gerry Nel is in my mind correct in his observations correctly pointed out to him to Court, that he is allowed to cross examine on character.  Barry Roux opened that door for him and all he now wants to do is introduce  the necessary foundation to cross examine on that   So in terms of our Criminal Procedure Act that obviously is an exception to the otherwise inadmissible rule.


Thomson:

So and of course most people in this country because its been run on Sky News quite a lot in Alex Crawford's reports so it’s out there as Mr Nel said in the public domain already.  Is that important?


Curlewis:

Exactly, obviously it actually facilitates and assists the State to introduce the evidence its not as  if nobody had ever seen it, heard about it, obviously it’s still the Courts discretion to allow it or not.   Obviously trial by ambush though not allowed in our country.  However, this is not trial by ambush this is actually elaboration of what is already in Court  - character evidence.  Now all Gerrie Nel wants to do is, obviously he wants to negativate some of those aspects, that good character evidence, that was brought to the Court yesterday by Barry Roux, and all he wants to do is show some contrary view point.

Thomson:

And clearly Mr Roux is trying to avoid that as he thinks this video is not going to put his client in best possible light?

Curlewis

There can be no other reason, yah I agree

Thomson:

Now down to the Judge to check out the law and make sure she makes right decision.


Curlewis:

She will now probably go back to Chambers obviously have a look at a couple of text books and maybe some legal argument in case (law ?) and then come back and give a verdict on the specific admissibility or not of the evidence.

Thomson:

But in your view by the 'Letter of the Law' Mr Nel  should be allowed to proceed.  The accused who is in the witness box said he is willing to see this video, and otherwise Nel said I will ask questions about it even if you don’t see it.

Curlewis:

Exactly, otherwise it will be a ridiculous situation erm he will even, if not allowed by the Court, Gerrie Nel will then proceed and ask a hundred questions with regard to the contents of that video and unfortunately or fortunately for Oscar Pistorius he does not have a choice other than to answer those questions as he is under oath.  So yah?

Thomson:

And just in the few moments we have before we got to the break at the top of the hour Mr Nel already giving a flavour as he got stuck straight into Mr Pisroius there, and said basically you're here to tell the truth you killed her didn’t you?  And he was forced to say the words out loud.


Curlewis:

Exactly, and from the outset I thought that would probably be his starting point.  I will not be surprised if at some stage he even introduces some of the graphic photographs, and show that to Oscar Pistorius as well to disorientate him a bit.

END



l-azzeri-lies-in-the-sun.com
9th April 2014

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