Lying in the Sun

Masipa's Mistake - 3

Masipa's Mistake - 3

So much in Judge Masipa's verdict has been brought into question by what seems to be the majority of the legal profession in South Africa, who appear to be in agreement that Masipa got it wrong in her application of the law.

The point which Martin Hood legal expert raised regarding Masipa IGNORING the testimony of the Sean Rens, the firearms expert who testified that Oscar Pistorius passed the competency test under the Firearms Control Act being but one issue.

To gain a pass, Pistorius absolutely had to have KNOWN the law in this regard in respect of the situation to which he has testified happened at his home on the night he shot and killed Miss Reeva Steenkamp.

There is not a shred of doubt that Pistorius KNEW the law (Firearms Control Act) with regards 'INTRUDERS'

And not a shred of doubt that Judge Masipa did not take account of this in her Judgement!

Whilst everyone is questioning the competency of Judge Masipa, and it would seem rightly so - there is another aspect to this:

What of the TWO legal assistants in this case, which if I have understood correctly, are there to do exactly that - ASSIST the Judge in any verdict reached. They have the power too to disagree with the Judge and if by majority the Judge can be overruled!

If we listen to the South African legal experts, lawyers, judges retired judges - Masipa got it horribly hugely, drastically, terribly and scarily -  WRONG.

But what of the the TWO ASSISTANTS?

Is it possible that these legal assistants, experts in their particular field would not have spotted the many errors in Masipa's judgement?

Did either of them disagree with Masipa, point out to her where she was erring?  


Are we to assume that they too were incompetent and failed in the correct application of the law, that they BOTH got it horribly, hugely, drastically, terribly and scarily wrong?


Must we assume "something else" went WRONG here?

Now that thought is SCARY!

Just what are the chances of THREE legal experts working together being so WAY off the mark in applying the law to the evidence of this case resulting in a verdict which legal experts in South Africa are united in declaring is WRONG?

13th September 2014
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