03-02-2014, 11:41 AM
PISTORIUS MURDER TRIAL - THE LEGAL EAGLES
![[Image: Gerrie-Nel-and-Barry-Roux-008.jpg]](https://static.guim.co.uk/sys-images/Guardian/Pix/pictures/2014/2/28/1393590642780/Gerrie-Nel-and-Barry-Roux-008.jpg)
Prosecutor Gerrie Nel ------Defense Attorney Barry Roux
Prosecution Theory vs. Defense Claim
Nel will be presenting the prosecution case that Pistorius intentionally shot and killed Reeva Steenkamp through his toilet door on Valentine's morning 2013 because the couple was arguing.
Roux will not be arguing self-defense for his client; he will instead be arguing that Pistorius was mistaken about his need for self-defense. He is denying that his client intentionally unlawfully killed Steenkamp.
I believe Roux is also asking for special consideration of Pistorius' disability from the court when evaluating whether Pisotrius' actions were those of what "a reasonable South African citizen" would do in the same situation.
![[Image: masipa1sm.jpg]](http://www.courtingjustice.com/images/masipa1sm.jpg)
Judge Thokozile Masipa ^, a former newspaper crime reporter who later became a lawyer at 43, was only the second black woman to be appointed a high court judge in South Africa. She's been on the bench for over 15 years and has a track record of handing down stiff penalties in crimes against women and has given life terms to rapists.
Possible Rulings/Outcomes
---GUILTY AS CHARGED: If the court believes that Pisotrius did kill his girlfriend intentionally, a mandatory life sentence for murder would be handed down and a minimum of 25 years must be served.
---GUILTY OF LESSER CHARGE: If the court were to rule that Pistorius did not intentionally shoot or kill his girlfriend, but that his mistake was unreasonable -- based on what an objective, ordinary South African would do in the circumstances of the accused -- he would be found guilty of culpable homicide and could do up to 15 years.
There may be other lesser charges possible for Reeva's death - not sure. Since Pistorius is still denying any argument with the victim or anger towards her and hasn't wavered from his mistaken identity claim, it may well boil down to either Premeditated Murder or Culpable Homicide as the only two "guilty" options for the court.
---NOT GUILTY: If the court believes that Pisotrius' claimed mindset and actions were those of a reasonable citizen under the circumstances and the prosecution fails to dispute his claims sufficiently, Pistorius will walk.
(I'm not sure of the possible sentencing on the weapons charges yet.)
Prosecutor Gerrie Nel ------Defense Attorney Barry Roux
Prosecution Theory vs. Defense Claim
Nel will be presenting the prosecution case that Pistorius intentionally shot and killed Reeva Steenkamp through his toilet door on Valentine's morning 2013 because the couple was arguing.
Roux will not be arguing self-defense for his client; he will instead be arguing that Pistorius was mistaken about his need for self-defense. He is denying that his client intentionally unlawfully killed Steenkamp.
I believe Roux is also asking for special consideration of Pistorius' disability from the court when evaluating whether Pisotrius' actions were those of what "a reasonable South African citizen" would do in the same situation.
Judge Thokozile Masipa ^, a former newspaper crime reporter who later became a lawyer at 43, was only the second black woman to be appointed a high court judge in South Africa. She's been on the bench for over 15 years and has a track record of handing down stiff penalties in crimes against women and has given life terms to rapists.
Possible Rulings/Outcomes
---GUILTY AS CHARGED: If the court believes that Pisotrius did kill his girlfriend intentionally, a mandatory life sentence for murder would be handed down and a minimum of 25 years must be served.
---GUILTY OF LESSER CHARGE: If the court were to rule that Pistorius did not intentionally shoot or kill his girlfriend, but that his mistake was unreasonable -- based on what an objective, ordinary South African would do in the circumstances of the accused -- he would be found guilty of culpable homicide and could do up to 15 years.
There may be other lesser charges possible for Reeva's death - not sure. Since Pistorius is still denying any argument with the victim or anger towards her and hasn't wavered from his mistaken identity claim, it may well boil down to either Premeditated Murder or Culpable Homicide as the only two "guilty" options for the court.
---NOT GUILTY: If the court believes that Pisotrius' claimed mindset and actions were those of a reasonable citizen under the circumstances and the prosecution fails to dispute his claims sufficiently, Pistorius will walk.
(I'm not sure of the possible sentencing on the weapons charges yet.)