Incomplete judgment as of now – has Justice been done in #OscarTrial

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Shooting straight from the hip here.  I made the fatal mistake of reading some print articles immediately before going to bed last night, on Matsipa J’s erratic, confusing and mostly contradictory judgment, which I listened partially to yesterday whilst preparing even more papers for the Mercedes driving, flashy, partying, drinking,’criminal’ attorney, ex-husband who refuses to pay High Court Ordered child support, and who himself has abused and made a mockery of our very questionable justice system.

So Oscar gets off on pre-meditated murder, to be expected – but to get off on murder?  Culpable Homicide is an act of negligence.  Can anyone really say that Oscar Pistorius was negligent, when he, in a rage, picked up that firearm and fired 4 shots through a bathroom door at someone he could not see?  And what of the extremely publicised volatile and abusive nature, which the judge did mention as possibly being contributory to his aggressive nature, and to my mind, the “chip on his shoulder”?

I have worked on thousands of cases, one where, in the face of medical evidence TO THE CONTRARY, a man was sentenced to life imprisonment for raping his own child.  Medical evidence confirmed this to be impossible.

Another case which comes to mind is a man who was found guilty and imprisoned for possession of a firearm – which he never had in his possession but which was handed in at the police station by a rival of his, with the information that he had retrieved such firearm from the accused.  He was found guilty of possession of an unlicensed firearm and sentenced to the maximum term of imprisonment.  He never had the firearm in the first place.

One of my most disturbing cases was one in which a very valuable member of society, a South African martial arts champion, community worker, actively involved in the development of sport with underprivileged children, was found guilty of armed robbery – despite the alleged “firearms” never having been produced in court, neither handed in as exhibits in the SAP13, which is a requirement by law.  No one ever saw these firearms, no one could testify about them – the police officers who did testify were so confused themselves they forgot their concocted story.  The best for me in this one was that the person responsible for conducting the (illegal) search for the so-called illegal firearms was himself a civilian – with no warrant, authorisation or anything authorising him to conduct the search.  This accused’s crime?  He happened to be driving from one town to another, after an armed robbery in town 2.

Whether or not Matsipa delivers a (very lenient) competent verdict of culpable homicide or not, her entire judgment has made a mockery of the Criminal Justice System; it has opened the doors to an already abused and corrupt system, which will now allow abusers, particularly in domestic violence situations to grasp on to the precedent she has now and is setting.  If this is to be her judgment, Pistorius will probably get away with a suspended sentence and/or a fine.  Will he be given jail time? Probably not – and if he is sentenced to a term imprisonment, there seems to be a heavy weight in favour of him being granted bail pending appeal.

The Constitution of South Africa and the laws governing the protection of women’s and children’s rights, although enshrined in those Acts, do little to serve the very basic needs and requirements of the people they were promulgated to protect.  This judgment has just opened the floodgates for more abused women and children to be the victims – not only of the abusers, but of the very justice system that the people put into power to protect the backbone of this nation.

South Africa has to do what South Africa has promised to do – and that is to protect its citizens.

One Response to “Incomplete judgment as of now – has Justice been done in #OscarTrial”

  1. Reblogged this on The New South Africa ~ Rainbow Nation and commented:

    Shooting straight from the hip here. I made the fatal mistake of reading some print articles immediately before going to bed last night, on Matsipa J’s erratic, confusing and mostly contradictory judgment, which I listened partially to yesterday whilst preparing even more papers for the Mercedes driving, flashy, partying, drinking,’criminal’ attorney, ex-husband who refuses to pay High Court Ordered child support, and who himself has abused and made a mockery of our very questionable justice system.

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