Lying in the Sun

Pistorius Guilty Plea

Pistorius Guilty Plea

" I would have been more inclined to plead guilty, tell the truth about what happened."

Ike Motloung
S. African Attorney

Alex Crawford, Sky News,  reporting from outside the Court in S.Africa on Thursday 13th March 2014.

She speaks with a South African Attorney, Ike Motloung who tells it like it is!

Alex Crawford:

So a day of particularly graphic evidence which at times left Pistorius and Reeva Steenkamp's friends in obvious distress.

Well joining me now to discuss the day’s Court Room testimony is Theuns Brits who is a former forensic specialist with the SA Police Service and Ike Motloung who is an attorney, and you have on occasion acted as a Judge. Thank you for joining us.

Well Ike Montloung what's your judgement about how the two lawyers are doing at the moment, who's coming out on top, still very early days obviously, and we are just hearing the State’s witnesses being called but what's your view about how it is going?

Ike Motloung:

I’m also just watching with keen interest, but let me tell you what I think.  It is a whole maze but eh I think there is a common thread that shines through the whole maze.   Most of it I suspect finally will be thrown by the wayside. 

A few things are common cause. 

There is no doubt that Oscar said he fired the four shots.  In my view, and in my understanding, of even the plea by the defence, there is no question that  Oscar intended to kill.   The question is did he intend to kill the intruder or did he intend to kill Reeva? 

So there is no question about the intention. And, and, in our law there is a clear distinction between the intention to kill, which ordinarily would amount to murder, and then the motive is something else.

It’s like if I shoot you in self-defence, there is no question about me intending to shoot and kill you but the motive being self-defence, and the problem with self-defence is that there is this subjective test.  The Court will have to look at your conduct all circumstances taken into account, and see whether you acted like a reasonable person, because the Court... the Law expects it of you. 

Whether subjectively you get scared too quickly and visit to rush your gun, is not the test, the test is whether…what is it in our law, what kind of conduct is expected of someone who feels, say, under attack, and is armed like Oscar was. 

The question…that will be the question that finally will have to be determined.  Because, even if it turned out to be an intruder and he intended to shoot and kill the intruder, if the Court finds that on all circumstances  or threats, evidence presented that there was no reasonable basis to suspect that he was in you couldn’t…I’m sure we must all now accept that he couldn’t see beyond the door that had been closed.  We are not sure whether he  heard any sounds, and if so, we know that Reeva was not armed amongst others, and we know there was no intruder there, now the question is:

On what basis did he fire those 4 shots?   And, if you look at where they were fired, there is no question about the intention to kill.

So I am saying, even if it turned out to be an intruder, in our law, even if I find an intruder in my house, I can’t summarily execute him.


Okay, but say, say, you are defending him, you’re the man that’s got to defend him, how are you going to do that?


If I was to defend him, I suspect I would have chosen a different course.


What would that be?


I would have been more inclined to plead guilty, tell the truth about what happened.  And if there was an argument and things like those…hopefully say…and I suspect maybe that could well have happened it is one of the main options -something should have triggered whatever happened whether you believe Oscar or you don’t - and then fight the full battle.

I think I would have fought the full battle on sentence rather on the merits.


He may be very grateful you are not his lawyer in that case because he’s denying everything, and he said there was no argument they were in a loving relationship, and he’s obviously pressing ahead to prove his innocence.

14th March 2014

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