Human beings are funny creatures. When the courts ruled that the Oscar trial can be broadcasted, people proclaimed that as victory for media freedom. The courts were praised as the best institutions ever created after milkshake. Then the case was aired & our beloved self imposed social network judges & lawyers started speculating that there is no way that Oscar can be acquitted on premeditated murder. Gerrie Nel was hailed as someone akin to a legal guru. Judge Masipa was praised for being a woman of strong character. In the midst of all these legal soapie, Barrie Roux was vilified for defending the indefensible & painted as a legal dwarf. As expected, the inevitable happened & Judge Masipa ruled that legally, particularly, inter alia, if one looks at the case from the dolus evetualis principle, Oscar cannot be found guilty of premeditated murder, instead, culpable homicide is the best option. Then, predictably, the very same people who were in the forefront of praising our legal system, instantaneously became the ones vilifying this noble institution. Some are even comparing this trial to the Jub Jub one & yet the two are not & can never be similar e.g. The Jub Jub case had more than 20 eyewitness, the Oscar case has no such since the only witness is deseaced. Our social media judges & lawyers are now saying our justice system is rubbish & Judge Masipa is incompetent and illogical. The question to be asked is if Judge Masipa had found Oscar guilty of premeditated murder, would our beloved brothers & sister still denounce our legal system If judge Masipa had found Oscar guilty of murder, would we still regard her as being incompetent . Truly Oscar committed the most dastardly act ever imagined & we continue to pledge solidarity with the Steenkamp family, but should our courts therefore neglect objectivity in dealing with cases of public interest? Obviously thats not what we want for the country. The verdict of this case clearly shows that if some of us were judges, then our prisons would be full of the innocent & our enemies. And then criminals would be freely roaming the streets. I shudder to think what would happen if death penalty was not abolished, the likelihood is that our graves would be full of those we detest, not those who were a danger to the society. Please note that this is my personal view & anyone is at liberty to differ with it. I pause. Lolo Mojela.
Posted on: Fri, 12 Sep 2014 17:48:38 +0000
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