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Oscar's statement damns him

20 February 2013, 11:30
In his affidavit Oscar says 'it's not even murder'. My unschooled opinion is that his own affidavit nails him for murder. I am not very familiar with South Africa firearms law, but usually there is a requirement, even for the police, to adequately warn the target that you are armed and intend to use a firearm. This often includes the requirement to fire a number of warning shots. In some jurisdictions it is up to three warning shots.

 In Oscar's affidavit there is nowhere he says anything about firing warning shots. He just started shooting through the bathroom door, In short he has admitted in court to firing into the bathroom without warning. That is likely to be classified as murder regardless of who the occupant of the bathroom was.

All other arguments after that are likely to provide only extenuating, mitigating or aggravating grounds, but not negate the fact of murder.

Also there a number of ends in his account that, in my opinion, simply do not tie up neatly enough.

He claims they went to bed around 10 o'clock and they were sleeping tightly until the shooting around 3 in the morning. So where did the disturbances and shouting that is reported to have happened just after mid night come from? I wonder.

He came back and took the gun from under the bed. It is strange he didn't notice that Reeva was not on the bed. It is also strange that he didn't try to warn Reeva of the impending danger.

According to reports screams were heard between shots. Didn't he hear the screams? Why did he continue shooting if he heard them? Surely he must have been able to recognize Reeva's voice.

Also according to his affidavit, he felt vulnerable because he did not have his prosthetics on. He was found carrying Reeva down the stairs with his prosthetics on. At what point did he put them on?

Oscar's account also does not tally with his father's claims that he 'shot on instinct'. This conjures up images of a startled cowboy whipping out his six gun and loosing off quick shots. To me making your way from the balcony, to the bed and then to the bathroom door hardly sounds like reflexive instinct. More like a calculated decision to shoot.

The variations and loose ends in the accounts of the Oscar and his family suggests they are trying to fashion scenarios that are favourable to Oscar. These scenarios are not necessarily accurate.

I am waiting eagerly for the state to present its facts in more detail. I really want to know if the physical evidence tallies with Oscar's account.

For example how many bullet casings were found at the scene. According to Oscar it should be four.
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