No Fear No Favour Just Justice in SA...........
Pistorius to be charged with premeditated murder
20 February 2013 | ELAINE SWANEPOEL
CHIEF Magistrate Desmond Nair ruled yesterday that Oscar Pistorius is to be charged with a schedule six offence, meaning he will face charges of premeditated murder of Reeva Steenkamp.
Pistorius’s defence team argued in the Pretoria Magistrate’s Court that Pistorius should be charged with a schedule five offence, slightly improving his chances of getting bail.
But Nair ruled: “...I cannot ignore the state’s claim that the murder was planned.”
State attorney Gerrie Nel revealed that Steenkamp had arrived at Pistorius’s home with an overnight bag at about 6pm last Wednesday. At about 3am the next morning, Pistorius, 26, shot Steenkamp, 30, three times through the locked bathroom door. He forced it open, carried her to the front door and told his sister that he had shot Steenkamp as he thought she “was a burglar”.
“Why would he arm himself, get on his prosthetic legs and walk 7m to the bathroom door and shoot the deceased? Even if it was a burglar, Pistorius still intended to kill the intruder and this in itself constitutes premeditated murder,” Nel argued.
Pistorius’s lawyer, Barry Roux, said: “This cannot be a schedule six murder, it cannot even be murder. The state has no objective facts to prove this.”
But Nair ruled: “...I cannot ignore the state’s claim that the murder was planned.”
State attorney Gerrie Nel revealed that Steenkamp had arrived at Pistorius’s home with an overnight bag at about 6pm last Wednesday. At about 3am the next morning, Pistorius, 26, shot Steenkamp, 30, three times through the locked bathroom door. He forced it open, carried her to the front door and told his sister that he had shot Steenkamp as he thought she “was a burglar”.
“Why would he arm himself, get on his prosthetic legs and walk 7m to the bathroom door and shoot the deceased? Even if it was a burglar, Pistorius still intended to kill the intruder and this in itself constitutes premeditated murder,” Nel argued.
Pistorius’s lawyer, Barry Roux, said: “This cannot be a schedule six murder, it cannot even be murder. The state has no objective facts to prove this.”
The Citizen
Comments by Sonny
This is a "TRIAL BY MEDIA!"
As is most sensational cases in SA since 1994.
As a bystander let me stress the events leading up to the murder of Reeva Staankamp......
SCENARIO.......
...."It's pre Valentines Day, 13 February 2013, Reeva rocks up at Oscar's house with her overnight bag. She wants to spend the night leading up to Valentines Day with the one she loves, Oscar Pistorius. They are both ecstatic and plan a 'private' evening together. They probably celebrate their love for each other with a glass of CHILLED WINE. THEY WILL LEAVE THE CHAMPAGNE FOR LATER....
AMONGST THEIR EARLY DISCUSSIONS IS THE SCREENING OF REEVA ON TROPICA ISLAND IN JAMAICA.... ON SUNDAY ON TV 1.
They indulge in more beverages during the course of the evening......
Towards Midnight or thereafter Reeva gets a SMS from a Springbok rugby player friend of hers who was part of her life in the recent past.
Oscar goes into a blind rage, he does not want to spend the night with anyone other than his 'love' REEVA.
HE QUESTIONS HER ON INFIDELITY AND CANNOT FOCUS ON THE MOMENT AT HAND.
They argue and this leads to a heated argument. The neighbours hear the commotion and phone the police who do not respond to the complaint.
Reeva feels her life is in danger and she flees into the bathroom. Oscar cannot catch her before she locks the door behind her. His 'blades' are lying next to the bed.
He grabs his cricket bat and starts tapping on the bathroom door, expecting Reeva to open the door out of fear.
When this does not happen, he grabs his 9mm pistol and threatens to shoot her through the door......
She still refuses to respond and unlock the door.
Oscar follows through by firing 4 'FATAL' shots through the door..... He is now in a blind rage caused by the steroids and alcohol he has taken.
Still the door is not opened. Are the police on their way, he thinks?
He grabs his cricket bat and breaks down the bathroom door.
He finds Reeva bleeding profusely on the other side of the door in the bathroom.
By this time he has his blades on and grabs Reeva and carries her down the stairs towards the front door.
There is nothing he can do for her, the wounds were fatal.
Eventually the police and paramedics get to the scene, where Reeva is pronounced "Dead!"
The police question Pretorius for hours before they arrest him for the murder of Reeva"............
One does not have to be a Psychiatrist or a Rocket Scientist to know that this was not premeditated MURDER!
It was more like jealous rage which lead to "PROVOCATION!"
IF PISTORIUS WAS SOBER AND IN THE RIGHT FRAME OF MIND HE WOULD NEVER HAVE CONSIDERED KILLING THE ONE HE LOVED!
Yes, intoxication is not a mitigating factor here.
Yes, he must stand trial for murder and will probably be convicted on the main charge.
At present this is a bail application and the NPA appointed State Prosecutor Gerrie Nel has preempted "PREMEDITATED" AS THE REASON FOR THE KILLING OF REEVAS STEENKAMP?
He is not a Psychiatrist and cannot make that call as he did.
The outcome of the 'Bail Application' will not cloud our opinion on this point.
If the defence council does not agree the verdict he can appeal to the High Court.
MOST ALLEGED CRIMINALS IN SOUTH AFRICA GET BAIL LATELY, NO MATTER HOW GRUESOME THE MURDER!
SOME EVEN DON'T GET ARRESTED AND ARE TOLD TO APPEAR BEFORE A COURT AFTER BEING CHARGED WITH CERTAIN OFFENCES.
SOME MURDERERS ARE EVEN LET OFF THE HOOK AS "POLICE AGENTS" AND WALK AWAY FROM TRIALS SCOT FREE.
JUSTICE SEEMS TO BE NEGOTIATED AND NOT SERVED!!
A PROSECUTOR IS SUPPOSED TO BE OBJECTIVE WHEN HE ASSESSES FACTS!
GOD HELP THE INNOCENT!!
*The above is personal opinion and not considered "Fact" in any way.
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