Judge Masipa saved our legal justice system from being hijacked by lay people and so called legal analyst who prefers grandstanding than to uphold the law and the Constitution. Masipa J remained resolute that court of public opinion, TV, twitter and facebook will not dictate her hardearned legal qualification and integrity for the sake of appearing on media as heroess while she has trampled on the rights of handsome OP to be acquitted where the state has failed to prove the charges against an accused person. If she was weak and inexperienced she would have been praised by loofers such as Donald Trump at the expense of upholding the law, constitution and more fundamentally the rights of OP. Nel drafted a very lousy indictment and deviated from it when presented evidence despite the fact that there was a detailed plea explanation from the accused. Remember the burden of proof does not shift, Nel failed to prove his case and waited for OP to take a stand to close his own shortfalls in his evidence in chief. That is not acceptable prove your case first and demonstrate to Court that OPs version cannot be possibly true. In this case OP gave a version which is reasonably possibly true and the state did not give a version in line with its indictment ie a witness seeing Reeva fleeing from the main bedroom to the toilet or quarelling and or statement said when they were exchanging words. Its therefore grossly unfair to expect Masipa J to manufacture pieces of the puzzle and find OP guilty. For lack of the better word Nel was popostourous in handling Reevas case and the judge was 100 percent correct that there was no sufficient evidence to convict and even if one would apply dolus eventualis Nels indictment killed the reasoning that the hounarable Justice should have found OP guilty. Another point to which one need to explore on Nels style of prosecution is he was grossly unfair in the first place to charge OP on Premaditated Murder a schedule 6 that eventually stripped OP his rights to remain silent. OP was prematurely forced to bring up a version before all the charges, evidence and witness statements could be given to him in order to adequately prepare his defence. Nel knew he have a weak case on Premaditated yet he manipulated the procedure by bringing up a charge of this magnitude to put indirectly put pressure on OP, the public can say whatever they like OP enjoys Sec 35 of the Constitution and there its the duty of the State to guard and defend OPs bill of rights. The charging of OP with this absurd PM gave the state an opportunity to investigate and gather evidence around his affidavit interms of Sec 60 (11) of the CPA 1977 as amended. There were no prospects for successful protection on the charges of PM or Murder the finding on Calpable Homiside appears to be a competent verdict in light of what was submitted before Masipa J. She must be commended for not being bullied by the court of public opinion . In my view she elevated the Judiciary to higher level that its truly independent. She could have been an instant celebrity if it was a court of public opinion, twitter or facebook, yeah she resisted such and I believe she will be able to sleep. State is entitled to appeal though they must first pass the huddle of state failed to prove the charges of PM and Murder (lack of sufficient evidence) then deliberate dolus eventualis. I hope this motion is read with all sources mentioned. Thank you! From my friend Mr Vincent
Posted on: Mon, 15 Sep 2014 12:48:30 +0000
Trending Topics
Recently Viewed Topics
© 2015