In the face of horrendous world beating statistics of violent so often fatal crimes against the person, RSA are world leaders & their police & the NPA have an awfully poor conviction rate in terms of world standards. The latter have often been hindered by sloppy unprofessional police evidence gathering giving any decent criminal lawyer opportunities to have cases dismissed, a factor that has led to the popular & proper belief that justice still defers to those of means in the RSA. Judge Dunstan Mlambo made history allowing the trial of Oscar Pistorius to be televised. Let’s be honest, this wasn’t, as he professed, to serve public interest but seen as an opportunity to show the system was not preferential. That fatal judgement was to prove it actually isn’t fair or just & it led to the “special treatment” of the athlete, but in a perverse way, making him victim of the harshest ongoing treatment ever in all similar cases given out with the unwelcome side effect of state led trial by media.
Advocate Gerrie Nel is second in command at the NPA with, therefore, a vested interest, especially in high profile cases, to get a convictions to up the success rates beyond abysmal, even if it seems, as it was , justice was compromised towards that end. This must be the sole basis on which he couldn’t accept Masipa’s dismissal of his murder charge for Oscar Pistorius. She found not a shred of evidence he had a violent history, or that a violent row took place leading to an actual domestic violence murder & therefore to save his own face & the failing NPA’s, that led to what amounts now to an ongoing personal vendetta & actual persecution of an unfortunate man who made a tragic mistake.
Even the SCA gave their perverse revised verdict on the basis of an action which was not the result of a violent row or a gender based domestic violence killing & that Oscar had actually murdered the one behind the door, even though the actual forensics/ ballistics strongly suggest there was no such intention & also Oscar felt empowered to defend himself his beloved as a legal action. They abused their brief, ignored all actual evidence & used an archaic unsound legal principle to justify their politically motivated decision. It is ridiculous for Nel to claim that Oscar’s fear of violent home intrusion was irrational as it was his insane conviction that a double amputee, facing an assumed lethal threat on his stumps, shouldn’t have felt even more vulnerable than you or I would, or Nel, who is a self–defence gun owner by the way.
There is absolutely no way this tragic event should be, could, be seen as a murder in any decent country & was from the very beginning a mistaken identity tragic action & therefore manslaughter at best. If you are, in particular, white, a homeowner, & legally armed for self defence in such a dangerous country this perverse turn of events has immense implications for you if , as a last resort, you’re faced with an armed intrusion in the future as to defend yourself will make you a murderer. April 2011 , black, non-famous business man & pastor, Siyabonga Mdunge ,shot dead his wife & killed his unborn child, as she emerged at night from the bathroom, mistaking her for an intruder & was given a suspended sentence & no correctional supervision yet Oscar has been branded a murderer because he is white & famous. Where is the justice in that?