Oscar judgment on 11 September - As it happened

2014-08-08 15:20

Get all the details as final arguments are given in the Oscar Pistorius trial. Watch a full summary of day 41's court proceedings here:


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Last Updated at 00:17
08 Aug 15:22
Masipa adjourns the court and says judgment will be handed down on 11 September.

08 Aug 15:21
Masipa questions where Roux got the examples of other cases he brought to court.

08 Aug 15:19
Roux says Fresco lied about the most crucial part, and his evidence was contradictory. He should not be granted indemnity. "The court needs to decide."

08 Aug 15:18
Masipa asks about the indemnity of Fresco.

08 Aug 15:17
Roux reads a case relating to a photo.

08 Aug 15:16
Nel: If his intention was to kill the human being behind the door. Then he is guilty of murder.

08 Aug 15:15
Nel: He intended to kill a human being. There was a human being behind the door.

08 Aug 15:15
Nel: Mr Roux said not call things by name, but look at the principles of law.

08 Aug 15:14
Nel says the witness's evidence was that she ate two hours before.

08 Aug 15:12
Nel says the two defences by the prosecution are not mutually exclusive, they are mutually destructive.

08 Aug 15:12
Nel says the length of the cord was never part of their baker's dozen.

08 Aug 15:11
Nel says he never made mention of the length of the cord.

08 Aug 15:10
Nel says the multi-plug could not have remained in the position that it was.

08 Aug 15:09
Nel says the state has not made an issue over the length of the cord.

08 Aug 15:08
Nel: We cannot ride roughshod over rules of admissibility.

08 Aug 15:08
Nel says he thought someone would give evidence about the photograph.

08 Aug 15:07
Nel: We now have a photo before the court. No meta-data available. The person who took it did not testify.

08 Aug 15:07
Masipa asks about the CCTV footage. Nel says he has no problem.

08 Aug 15:06
Nel: Yes - grant indemnity.

08 Aug 15:05
Nel: the test is whether he answered all the questions posed to him honestly.

08 Aug 15:05
Masipa asks whether she should grant Fresco his indemnity in terms of Section 204.

08 Aug 15:05
Nel says the chronology in their heads is based on phone data.

08 Aug 15:04
Masipa: I have three issues I want you to address Mr Nel.

08 Aug 15:04
Nel says he has no intention of abusing the process, but wants to talk about the photograph they received this morning.

08 Aug 15:03
Masipa: What if the court wants to hear it?

08 Aug 15:02
Roux: It is unfair for the State to have the last say.

08 Aug 15:02
Roux: There is nothing new that we presented.

08 Aug 15:02
Roux says the state could exploit a none replication of reply.

08 Aug 15:01
Roux: I don't know Mr Nel is going to do, but I want to put this on the record.

08 Aug 15:00
The court is back in session.

08 Aug 14:58
The court breaks for a brief adjournment.

08 Aug 14:58
Roux asks for a two minute adjournment.

08 Aug 14:57
Roux: That's our case My Lady.

08 Aug 14:57
Roux: Was the shooting reasonable?  If yes, then the case is over.

08 Aug 14:56
Roux: It comes down those 20 seconds in the accused’s life where he was standing at the entrance to the bathroom.

08 Aug 14:56

Roux: You have all the facts, you have to determine. We have made our submissions. He was not negligent.

08 Aug 14:55
Roux: It comes down to the split second, one minute, thirty seconds in accused's life when he stood in front of door.

08 Aug 14:55
Roux: A reasonable person without legs will protect himself.

08 Aug 14:55
Roux: The court will look at this and say up to the door we fully understand conduct.

08 Aug 14:54
Roux: If you found he was reasonable he needs to be acquitted.

08 Aug 14:54
Roux: It needs to be a value judgement.

08 Aug 14:52
Roux: Was he negligent? Was he acting reasonable? Would reasonable person have acted differently? It's a value judgement.

08 Aug 14:52
Roux: When considering the conduct - take the legs off, slow burn effect with anxiety, then you have the reasonable man.

08 Aug 14:50
Roux: In culpable homicide, also consider capacity...if you find against us, 'reasonable man' is not like every other person.

08 Aug 14:50
Roux: I made the bold submission that this case should be about culpable homicide.

08 Aug 14:49
Roux: The State's contention falls flat... then we go to capacity, and I've dealt with that.

08 Aug 14:49
Roux: He's wrong in what he was thinking, we must not confuse it with an intention to murder.

08 Aug 14:48
Roux: Did the accused foresee that the deceased with the toilet and reconcile with that?

08 Aug 14:48
Roux: He genuinely thought she was in the bedroom.

08 Aug 14:47
Roux: He went back and did not see her, that's when it dawned on him. That is when the crying started.

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