PLEASE NOTE:

MyNews24 is a user-generated section of News24.com. The stories here come from users.

 
Eric Rimmer
 
Comments: 50
Article views: 8571
 
 
Latest Badges:


 
View all Eric Rimmer's badges.
 

Oscar Pistorius - Guilty of What?

21 April 2014, 12:30

I have been following the OP case with great interest and have spent a fair amount of time watching the live broadcast, reading news articles and reader’s comments as well as doing some research and watching analysis of the case taken from various viewpoints. Whilst it is too early to reach a verdict as some witnesses are yet to be called and we have not heard closing arguments from either side let’s take a look at what we have thus far.

What we do know is that, by his own admission, OP shot and killed RS. There is no “reasonable doubt” argument to be had as this is plain fact and the prosecution does not have to prove anything.

The question therefore remains whether there was intent or not. Motive is also something which does not have to be proved by the prosecution. A motive would help the prosecution’s case however this is not a requirement.

Whether this was an accidental act or whether OP was defending himself and RS from an intruder is the next question. It is important to note that OP’s initial defence was that of self-defence. However during cross examination OP claimed that there was no intent and he didn’t think before shooting and killing RS was accidental.

One cannot have two defences. The onus here is on the defence to prove either case beyond “reasonable doubt”.

Let us assume that the events as described by OP are indeed all 100% true and correct and events really did unfold the way he explains it. Let’s give OP the benefit of the doubt. What then remains is to question OP’s actions from when he heard the sound of the window closing until such time as he pulled the trigger.

When hearing the window OP made a conscious decision to fetch his firearm and his thoughts were clear enough for him to speak to RS and tell her to phone the police. He then proceeded to the beginning of the passage which led to the bathroom.

During this time he shouted at both the intruder and RS, the former to instruct them to get out of his house and the latter to take cover and call the police.

Again some clear thought patterns here.

OP then proceeded down the passage to the bathroom. At this stage he was extra careful all the time thinking of the location of the intruder and the possibility that they may come around the corner from the bathroom into the passage.

Note here the clear recollection of events thus far along with the clear though patterns of what may happen next. Also important is the fact that although feeling threatened and vulnerable OP has decided to move towards the danger and not away from it.

Now OP enters the bathroom and notices the window open and the toilet door closed. He hears a noise from inside the toilet and believes that the intruder is coming out. OP does not fire a warning shot and especially not into the shower as he is acutely aware that the bullet may ricochet and harm him.

This again shows a clear thought process.

The events after the shooting is just about agreed upon by both the state and the defence team except for a couple of items however let’s again assume that they unfolded as per OP’s version. Again there is a lot of detail in this version.

So what am I saying? The above is pretty clear to me. OP killed RS (own admission). OP’s thought’s before and after the shooting were calculated and he appears cognizant at all times (amount of detail in recollection of events).

This rules out the accidental shooting defense. As previously indicated OP moved towards the danger. This is important as now OP becomes the attacker and not the defender (one cannot be both) which rules out self-defence. What is therefore left is intent.

The above only take’s OP’s version of events and assumes them to be true. It seems to me that OP has proved the prosecution case purely with his version of events – but that’s just my opinion.

Disclaimer: All articles and letters published on MyNews24 have been independently written by members of News24's community. The views of users published on News24 are therefore their own and do not necessarily represent the views of News24. News24 editors also reserve the right to edit or delete any and all comments received.
 

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
50 comments
Add your comment
Comment 0 characters remaining

Read more from our Users

Submitted by
Junior MrBiggs Kelly
My Biggest Fear & Other Things In...

It’s something that I’ve lately came to discover. I think my biggest fear is losing my job.  Read more...

2 comments 235 views
Submitted by
FarmerGuy
Submitted by
Dustin Lance Haworth
Struggle with temporary residence...

I applied for a letter of no impediment early in 2014. I needed home affairs to deliver the letter before the end of May 2014 as I was due to fly overseas to get married in Russia Read more...

1 comments 432 views
Submitted by
Ryan Blom
Bedford Centre Robbery

I would imagine Bedford Centre brings in tens of millions each month - why can they not afford proper security and measures to ensure the safety of their clients? Read more...

27 comments 1851 views
Submitted by
CraigJoseph
Shouldering the blame...

It is with great disgust that we have learnt about the actual financial cost of corruption over the last 20 years. Read more...

5 comments 466 views
A road by any other name...

After months of squabbling a section of road finally got itself a name, or renamed I guess. What was wrong with the old one, who knows? Read more...

5 comments 391 views

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Kalahari.com - shop online today

Save up to 40% on outdoor accessories!

Tents, sleeping, day packs and more. While stocks last. Shop now!

Month End Madness Sale!

Save up to 60% on across a wide range of goods from books to electronics, DVDs and many more. Sale end 31 January 2015. Shop now!

Valentine’s Day gifts – 14 Feb!

Gifts to spoil him and her. While stocks last. Shop now!

30% off fragrances

Get 30% off fragrances for him and her. While stocks last. Shop now!

Up to 30% off All Textbooks

Save up to 30% off an extensive range of prescribed textbooks for all major universities and FET colleges. Shop Now!

OLX Free Classifieds [change area]

 

services

E-mail Alerts The latest headlines in your inbox

RSS feeds News delivered really simply.

Mobile News24 on your mobile or PDA

E-mail Newsletters You choose what you want

News24 on your iPhone Get News24 headlines on your iPhone.

SMS Alerts Get breaking news stories via SMS.

Blogs Your opinion on you, me and everyone.

Calais Website keywords automated by OpenCalais.

 
Interactive Advertising Bureau
 
© 2015 24.com. All rights reserved.
There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.




Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.