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Oscar Pistorius Judge Under Police Protection.

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anotheoldgit | 15:33 Tue 16th Sep 2014 | News
17 Answers
http://www.dailymail.co.uk/news/article-2757815/Pistorius-judge-police-protection-South-Africa-decision-clear-athlete-murder-prompted-anger-threats.html

/// The comments include allegations that the judge is corrupt, as well as attacks on her race and gender. ///

/// 'Attacking the judge's integrity and making insinuations of bribery or that she's not fit because she's a woman, or that she's black, means that you're breaking down the belief in the law.' ///

Wait a minute what have we here, the judge who happens to be a black female is under police protection in South Africa, for passing a sentence that some disagree with.

What would have been the implications had it had been a white male judge passing sentence on a black man? A black male judge passing sentence on a white man? or any other variations on the theme?


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Judge Msipa has retired for the day
For the month for the year.

http://i62.tinypic.com/35cn3p2.jpg
Do they not have juries in SA?
No jury. One judge two assessors .
Lol Brinjal
well at least it wasnt Zim ( hi Brinj !)

// What would have been the implications had it had been a white male judge passing sentence on a black man? //

Chief Justice Antony Gubbay was told after a judgement that the Zim 'police' could not guarantee his safety nor of his crippled wife - -
and so he resigned with immediate effect [ kinda what they wanted ] 2001

does that answer your q AOG ?
what is the feeling over there Brin ? disbelief here in the main I think....saw a piece about your hubbies neice today ...sad :-(
Tony Gubbay was and is a very dear friend. Yes exactly what they wanted.
Oh if you know him - tell him his name lives on as a disgraceful way to treat an honourable man.

but isnt there a precedent ? didnt Om Paul Kruger in the ZAR unceremoniously boot out the chief justice er in 1892 ish and herald in the Years of Legal Anarchy ?

If you know Gubbay well you whizz his jowls by telling him the Robert E Brown arbitration lives on in undergraduate international law courses
http://legal.un.org/riaa/cases/vol_VI/120-131_Brown.pdf
Give it a rest AOG..
The feeling here is one of disbelief also but speaking to lawyer friends they say she followed the letter of the law and was correct in her ruling. The thing is now what will be the sentence. I think it will be a slap on the wrist which will be a travesty and an insult to Reevas family. If he does get a non custodial sentence I do believe it won't be the last we will hear of Oscar and he will find himself on the wrong side of the law again.

Yes Murray very sad thank you for your thoughts earlier
the difficulty for us is that manslaughter by gross negligence doesnt really match the crime Pistorius was convicted of

It seemed from the Roman Dutch lawyers you could get a conviction on 'usual' negligence whereas in English law it has to really serious (gross) negligence meriting punishment by criminal sanction

and then one commentator mentioned "locus poenitentiae" ....which is a roman law term and my brain went like in that scene from Scanners

Lol Peter. I will pass your comments to Tony.
AOG

You asked:

What would have been the implications had it had been a white male judge passing sentence on a black man? A black male judge passing sentence on a white man? or any other variations on the theme?

Three questions, to which the answers are all the same.

'Nothing much'.

This is not about race, it's about notoriety. This is about a savage who shot an defenceless young woman whilst she sat on the loo and then tried to convince the world that he thought it was burglars.

It was almost certain that nutters would start crawling out of the woodwork at some point.
-- answer removed --
Jesus murder happens quite a lot in SA
http://africacheck.org/2013/09/19/where-murder-happens-in-sa/

around 40 a day in Johannesburg but its a lot lower where fewer people live and higher in Cape Town

I cant find the Manchester murder rate
For England: There were 640 Murders / in 2011/12 (10.43 per million population). Of these 640 Murders / Homicides, 44 involved a gun or firearm as the main weapon. 6% of the murder cases, (0.72 gun homicides per million population).

that would be 1 to 1.5 for the whole country UK

To a certain extent I can understand why he blasted a door with five bullets

Question Author
divebuddy

/// sp, Oscar may not have convinced the world but he seems to have convinced the judge. to my mind she is either incompetent or corrupt or both. I think that is the issue, not some black/white variation. nobody should be surprised if SA "legal groups" get shirty. the law always closes ranks if they are criticised or not shown the respect they think (often wrongly) they deserve. ///

I am not defending what Pistorius did, but he has stood trial and as always some don't agree with the outcome, what would you like to see mob rule take him out and hang him from the nearest tree?

This judge has been call racist, how that could be possible since she is black and passed sentence on a white man?

And that was the reason for my 'variations on the theme' comment.
As Brinjal's lawyer friends confirm; the judge applied the law and the test of evidence and 'reasonable doubt'

what is more alarming is that a jury would probably have arrived at a different verdict; by definition based on something other than the law and the evidence

imagination and supposition i suppose

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