Roux Re- Examines Pistorius
Thomson
An intriguing end and just before the break, and re examination you said one of things Roux could do was change plea on the lesser charge he didn't he re examined.
Curlewis
Yah obviously the decision was made to pursue and 9 minutes after that re eaminatin finished. So now obviously now we are looking forward to what is the next step in the armour of the Defence. Obvioulsy they must now call witnesses in corroroboration of Oscar Pistorius' version and then so at this stage it seems to me they are going all out, maybe not the most wisest of moves if you ask me. I would have seriously considered as suggested maybe changing my plea to one of guilty on a lesser offence to put the ball in the court of the Prosecution to decide whether they want to accept it or not, but obviously Oscar Pistorius wants to win this one trying to make out as if its is a track event and he is going for the first prize and nothing but the gold is satisfying him.
Thomson
So you think that possibly the State Prosecutor has probably done enough to bring a bring a verdict of guilty on the lesser charge of culpable homicide/manslaughter. You think he has probably made a sufficient case because in a way the bar is not as high as it is for murder?
Curlewis
That is exactly what I am stating that is my personal opinion.
Also take into consideration that the only thing Barry Roux must try to convey to the Court is the slightest of doubt because the moment he creates a doubt in the mind of the Judge then the Judge will give the benefit of the doubt to the accused, Oscar Pistorius, and will acquit him on the main charge.
It is a heavy burden of proof that's on the State to secure a conviction for murder, because of the subjectivity of the test, and obviously although there is a lot of contradiction and discrepancies in the version of Oscar Pistorius, I am not 100% convinced in my mind, that at this stage Gerrie Nel has sufficient evidence to persuade a Judge that beyond reasonable doubt Oscar Pistorius is guilty of the main charge.
Thomson
But the Defence then are gambling everything on clearing him of both murder and the possible lesser charge of manslaughter.
Curlewis
Obviously the benefit of changing your plea to one of guilty - and then suddenly coming to Court and say 'we've got remorse, we accept responsibility is then out of the door.
So when we get to the stage of sentencing, if Oscar Pistorius is then convicted, they will have a hard time to convince the Court that direct imprisonment is not a suitable option, and the suggested result of what was the initial charges against him.
So obviously there is risk involved, and serious risk for that matter which they obviously decided to go out for.
END
