My final thoughts on the Oscar Pistorius trial

Since I, unfortunately, never finished off my blog series on the Oscar Pistorius trial (due to a plethora of reasons listed in a previous post) I thought I’d do a brief post on my final thoughts.  Especially in light of the news this week that the prosecution is appealing the sentence and the charges.

Briefly, Pistorius was charged with culpable homicide and sentenced to a maximum of five years in prison by Judge Masipa for the murder of Reeva Steenkamp.

The pure fact that #thingslongerthanOscarssentence trended for two days on Twitter after her decision was revealed is fairly representative of how the general public felt about this.

Me? Well, I said from the very beginning that I think the prosecution made a fundamental error in going for a premeditated charge.  Doing this meant that they lost the opportunity to make a really focused argument for a crime of passion, which is what I believe her murder was.  Various reasons for which can be found in my very first post on the trial: https://bitsbones.wordpress.com/2014/03/08/oscar-pistorius-murder-trial-week-1/.

I do not believe this was a case of culpable homicide, but rather murder in the second degree.  The difference between the two being intent.  Unfortunately, as a judge, I appreciate Judge Masipa has to look at the evidence, witnesses and legal arguments  to make her decision, none of which in this case pointed convincingly enough to murder in the second degree. So, I do believe that she got it right in this aspect.

With regard to the sentencing, I can’t really comment on how long is long enough because I’m not a legal professional.  However, I do believe that Pistorius could serve 10 months or he could serve 10 years, either way his life is ruined.  It would be a disturbing move for him to return to professional sport and realistically who is going to hire him?  His best bet is to make money from movie and book deals, an autobiography and documentaries.  None of which I believe will provide any satisfaction apart from that of monetary value.  While this will never be enough, it is justice in some form.

The trial was long and drawn out, but I do believe there is much time left until people stop talking about the events surrounding the 14th February 2013.

Kosminski the Ripper? No.

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As far as intrigue goes, few stories possess the same amount of this as the tales of Jack the Ripper. For this reason, when Russell Edwards released his claims that he had, after over 120 years of investigation,  identified the man responsible for the brutal murders and mutilations of at least five prostitutes in Whitechapel in London in 1888, the world gasped. Who was he? According to Edwards, Jack the Ripper was a man named Aaron Kosminski who was a barber in Whitechapel at the time of the murders.  Kosminski was an original suspect in these crimes but the lack of forensic technology in Victorian times meant that neither he, nor anyone else could be directly linked to the murders.

Enter modern DNA technology.  This combined with a shawl that Edwards acquired in an auction in 2007 purportedly belonging to one of Jack the Ripper’s murder victims called Catherine Eddowes and voila! We have our murderer. Or do we? Jack the Ripper has been named the worst Briton in history and so, just as a forensic professional would be careful in accusing a modern day suspect of such crimes, care must be taken not to label Kosminski as this vicious criminal. So here we discuss from a forensic and scientific perspective the four key reasons why we think that Edwards can’t say for sure that Kosminski was Jack the Ripper

1. The provenance of the shawl.

Edwards states that he acquired the shawl from an auction. The shawl was supposedly handed down through the generations from Amos Simpson who was a police officer at the time of the murders who took the shawl from the crime scene as a gift for his wife. No official documentation has been provided verifying the shawls history and provenance.

Obviously this is a historical murder case and therefore the strict rules and regulations relating to modern evidence don’t apply. However, it is important to say that evidence, no matter how important or damming, without the proper documentation or provenance would not see the inside of a courtroom in today’s world. In this case, the questionable provenance of the shawl creates the very important questions; did the shawl even belong to Catherine Eddowes? And why did Simpson keep it? Why didn’t he wash it? These questions are all left crucially unanswered.

2. The DNA evidence.

Upon examination by Dr Jari Louhelainen at Liverpool John Moores University, two bodily fluids were identified on the shawl; blood and semen. DNA profiling of the blood sample linked it to descendants of Catherine Eddowes. DNA evidence from the semen was linked to descendants of Kosminski.  Bearing in mind that the shawl was stained over 120 years ago, one has to call into question the quality of the DNA sample. Scientists have certainly been able to recover DNA from samples older and so the likelihood that some DNA was extracted from these samples is not unbelievable. However, the issue remains that Edwards does not acknowledge the natural degradation and destruction of these molecules over time.

Furthermore, there is the major issue of DNA contamination. In other words, the transfer of DNA between samples is not addressed. It is bizarrely easy for DNA to be transferred between people and objects and there is, in fact,  a photo of Edwards himself handling the shawl with his bare hands, something that as a forensic scientist makes me shudder! Next thing we know he’s going to be implicating himself in the murders due to his carelessness.

Russell Edwards holding a hundred year old artefact with his bare hands

Russell Edwards holding a 120 year old artefact with his bare hands

Also, it is highly likely that the shawl was kept in imperfect conditions prior to Edwards purchasing it which would again negatively impacts the quality of the DNA results.

Identifications using mitochondrial DNA, as was done here, are far less specific and often it is difficult or impossible to successfully identify a single individual. In fact, many people share mitochondrial DNA patterns so more specific patterns are needed to pinpoint an exact person. Fun fact: mitochondrial DNA is not accepted as a proper form of evidence in American courts due to the fact it produces ambiguous and unspecific results.

Recently, it has actually come to light that the DNA mutation that was used by Edwards, Dr Louhelainen and their science minions to identify Kosminski as the murderer is actually shared by approximately 99% of European people. Meaning the Kosminski could be linked to the murder, so could I, so could you, and so could 99% of people of European descent.

3. The semen.

The core of these accusations against Kosminski rely on the DNA results from a semen sample found on the shawl. No insight is given into the plethora of other possible explanations why this sample might be there.

Starting with the most obvious; Catherine Eddowes was a prostitute. In fact, I’m surprised there were not more semen stains found on the shawl! However, if there were more samples, I guess we’d expect to hear Edwards shouting that she was murdered by a group of men.

Far too much weight is put on this one piece of evidence. Edwards himself boasts that he holds the only piece of evidence from the Jack the Ripper crimes. If this were the case, and even if the provenance of the shawl was confirmed, this still isn’t something I, as a scientist, would be shouting from the rooftops because this is very limited evidence.

“I’ve got the only piece of forensic evidence in the whole history of the case”

4. The publication choice

If Edwards had published his research and work in a peer reviewed scientific journal I doubt I would be so quick to criticise his research. These publications are peer reviewed and the methods and conclusions in these are usually accepted by a group of representatives from the scientific community.

I’m not the first one to question why Edwards went straight to mainstream media instead of the more scientifically respected route. I have a couple of theories. Firstly, the peer review process can take time and if Edwards was looking for quick publicity with even an quicker pay out, then an academic publication was not the route to go. It’s insane the amount of attention he has received as of late and no doubt this great publicity has come with even greater pay cheques.

Another theory I have is that Edwards had a clue that his research would not stand in academic circles, for the reasons I outlined above. As a businessman and self proclaimed armchair detective, he likely had a suspicion that his research may be questioned in the early days and didn’t want to risk the fall out. At least now, once he has his name and his book out there, he can adopt the mantra that “no publicity is bad publicity”. For example, even though I highly question his methods and results I was seconds away from purchasing the book to see what the hype was about. That’s until I saw the price which reflects a smart business man indeed.

Overall, what irks me the most is Edwards’ confidence that he has made history by identifying Jack the Ripper. In fact he is so sure of himself that he says anyone who disagrees with him (he has labelled us “non-believers”) only disagree because we want to continue to believe in the legend of the anonymous Jack the Ripper.

“We have definitely solved the mystery of who Jack the Ripper was.  Only non-believers that want to perpetuate the myth will doubt. This is it now – we have unmasked him”

What is obvious to me is that Edwards wanted to believe that Aaron Kosminski was Jack the Ripper and so has clung on so tightly to this idea, despite the many indicators that his research is flawed. All I can say is good for him and for his success, and good for me and whoever else who has the common sense to question it.

 

Dear blog, I’m sorry

Dear Blog,

I’ve been building up to this, the moment I would have to face my neglect and openly apologise for my lack of care, my lack of words, my lack of love.  I’m sorry for the broken promises, especially the Oscar Pistorius trial which I let wittle away when I got wound up in my world.

There are no excuses for abandoning you for the past few months, although I cite some here for my own comfort:

  • I went home to South Africa
  • I wrote a 15 000 word thesis, which tied me up for months for the following reasons:
    • Dead bunny shaving
    • Dead bunny watching
    • Maggot rearing
    • Maggot watching
  • I am working on publishing said thesis
  • I started and stopped job hunting
  • I started working on a super secret, super exciting project thats kept me running around

Again, Blog, I am not trying to excuse my behaviour but I hope this letter takes us one step closer to restoring the great friendship we had. I promise not to neglet you so again.

All the best,

Daniella

“I think today is a good day to tell you that I love you”(Steenkamp)- Oscar Pistorius trial 15 April: Pistorius’ last day on the stand

Today was the day, finally, that Nel rounded up his cross examination of Pistorius.  I have previously said that I couldn’t wait for this to be over, in part because it was getting tedious but also because I was keen to see what damage control Barry Roux was going to do in re-examination.  Well, Roux certainly kept this short and sweet.  Someone on my Twitter feed (apologies I can’t remember who) suggested that this was because Roux wanted to show Judge Masipa that Pistorius’ version was the absolute truth and that as his lawyer, Roux didn’t think it necessary to do damage control.  This does make sense, arguing further to counter what Nel had to say would appear like an attempt to “cover Pistorius’ tracks” if you will.  Instead, not doing this demonstrates a sense of confidence (whether real or faux) in Pistorius’ version of events.

To end his cross-examination, Nel focused on the moments after the shooting and when Pistorius found Steenkamp’s body.  Again, it was a predictable “your version is improbable” from Nel and even more predictable tears from Pistorius.  The placement on the magazine rack was discussed again, Nel insisting that it hadn’t been moved.  To be honest, this part of the discussion is quite complex to articulate in retrospect, so here’s a link to a live feed of the day: http://www.bbc.co.uk/news/world-africa-27031066.  Nel round edup his cross-examination to the tune of the improbabilities of Pistorius’ version and I will be honest at this stage I was fully prepared for a lengthy re-examination on Roux’s part.

Roux began by asking Pistorius what he meant by saying he shot her by “accident”.  Like I mentioned in yesterday’s recap (https://bitsbones.wordpress.com/2014/04/14/get-the-fk-out-of-my-house-oscar-pistorius-trial-14-april-pistorius-takes-the-stand/) I think what he means to say is that pulling the trigger was a knee jerk reaction to a noise he claims to have heard in the toilet cubicle.  Basically Pistorius claims he didn’t consciously pull the trigger.

Roux then got Pistorius to read out the Valentine’s Day card from Steenkamp, that he eventually opened on her birthday last year.  The image below is a photo of it, but quite pertinently the line “I think today is a good day to tell you that I love you” does imply a loving and happy relationship even on the night of her death.

The Valentine's Day card and gift that Steenkamp was due to give to Pistorius (http://www.bbc.co.uk/news/world-africa-27041156)

The Valentine’s Day card and gift that Steenkamp was due to give to Pistorius (http://www.bbc.co.uk/news/world-africa-27041156)

And with that, Pistorius’ time on the witness stand came to an end. Another defence witness was examined today but like I have done with previous weeks, I will round this up with the rest of the week’s evidence over the weekend.

Overall, I think Pistorius hasn’t done his case many favours this past week. I can’t believe its been one day over a week since he first took the stand, it feels like we’ve been going for ages!  While I disagree with Nel that Pistorius’ version is impossible, I do think that the little chips Nel has made in the defence’s case could end up swaying the case against them.  I’m still at a loss of what version to believe, on the one hand, if Pistorius’ version is true then he was truly irrational, reckless and hasty with the way he acted.  As much as I have spent my life idolising him, even if his story is the truth he must do jail time, not for premeditated murder and not for the extended sentence the state are seeking but for at the very least involuntary manslaughter.  If we are to believe the state’s version of events, do I think its enough for a premeditated or first degree murder?  No, I really think above all else, there has been no indication of planning or forethought of this murder.  The state has painted Pistorius as selfish and cunning, so I do think if these are attributes of his, he would be fully aware of the consequences of his actions (ie. destroyed career, reputation etc.) and so can’t be something he would’ve planned.  Crime of passion is what I think that state would’ve been better off with from the get go, easier to argue and still a long prison sentence.

For me, I think I’m going to wait it out to hear the rest of the evidence to make my decision; at this stage it looks like we may be facing a two week postponement sometime this week so I may have to wait a while.  

“Get the f**k out of my house”- Oscar Pistorius trial 14 April: Pistorius takes the stand

The question on my lips this afternoon when court adjourned was “will this cross examination ever end?”.  Not because Nel’s incessant going around in circles isn’t interesting (ahem), but because I am genuinely curious as Barry Roux strategy in rectifying the damage that I really believe Nel has done to Pistorius’ case.  What did become clear to me today, and interestingly, is that I think Judge Masipa is growing impatient with Nel’s agrressive tactics.  A prime example of this this morning was when Nel jumped on Pistorius for scratching his eyes, asking why, for what reason and is this affecting his alertness in court.  Pistorius answered he had sore eyes, and Nel continued to hammer him about this.  In my own words, Judge Masipa told Nel to chill out and that he literally had sore eyes.  Even my dad, who is adamant of Pistorius’ guilt of intentionally shooting at Steenkamp pointed out that Nel was, this time in his  words “an absolute asshole”.  Which gave me comfort that I wasn’t looking through rose tinted goggles and that his tactics are really not the most appropriate.

Anyways, getting onto what was actually discussed today, the events after Pistorius got out of bed were scrutinised.  Nel put it to Pistorius that based on the location of Steenkamp’s jeans on the floor that she was, in fact leaving the house because the couple had an argument.  This fits in with the state’s version of an argument and that Steenkamp fled to the bathroom in fear of a raging Pistorius.  The accused maintained however, that the jeans were there because before he heard the noise, he intended to use them to cover the bright LED light coming from the amplifier in the room.  There was a lot of discussion of LED lights, how much light they emitted, if they were on, if they were bothersome, riveting stuff. 

Tears flowed several times from Pistorius as he described the moments leading up to pulling the trigger, court had to be adjourned after a particularly emotional outburst when he described screaming to the intruder to “Get the f**k out my [his] house”.  Pistorius again reiterated that he fired his gun in fear. Its certainly not an accident like Pistorius has described it previously, rather I would describe it like a knee jerk reaction, if anything.  Nel used Pistorius’ hesitation, lack of detail in his bail application and some small changing details to put it to him that his version of event is not true,

“You now have to give a lot of answers. And you know why, Mr Pistorius? You know exactly – you fired at Reeva. These other versions of yours cannot work. You fired at her.”

Pistorius described how he heard “wood moving” right before he fired the shot (this was the sound he reacted to) and that he now suspects this could’ve been the magazine rack inside the toilet cubicle moving.  Nel seemed to relish this admission, slowly paging through his record for just the right piece of verbal ammunition.  He said that the sound Pistorius heard was Steenkamp falling on the magazine rack after Pistorius fired the first shot.  Remember, Pistorius has said previously that he couldn’t hear anything with the ringing of the gunshots in his ears, so the fact he says he could’ve heard the magazine rack move is vital.  Pistorius countered Nel’s statement saying he couldn’t possibly have heard her fall onto the magazine rack while he was firing.  This is where it all got a bit confusing for me in terms of timings, I think there are a few too many timelines on the go at once here, especially from Nel.

The Stipp’s evidence of hearing a man and woman screaming was addressed.  There was evidence played showing the Pistorius could sound like a female when he screams. Unfortunately, this evidence was never actually played to the Stipps or any other state witnesses to allow them to compare this to what they heard that night, this could’ve been quite key.

Pistorius suggested that Steenkamp used her cellphone screen to light her way to the bathroom, which is pretty believable.  Nel asked why he didn’t see the light out of his peripheral vision and he countered that he had his back to the passage (so his back to Steenkamp) so if peripheral vision meant seeing behind his head he should’ve seen it.  I did chuckle at this even though it was probably unintentionally sarcastic.

Nel then told Pistorius that the couple were arguing and the Steenkamp had hidden herself in the bathroom and was facing the door talking to Pistorius when he shot her.  I find a couple of issues here with Nel’s version; firstly if Pistorius and Steenkamp were awake and arguing, and Pistorius had the intention to hurt her, surely he would have already or would put his protheses on? If not for anything else but to feel like he had more of a strong position over her, if he had planned to hurt her. Secondly, if we are to believe that Pistorius is the self-centered, self-obsessed and all round selfish individual that Nel has painted him as, the I am pretty sure he would be aware of the negative consequences of shooting Steenkamp, ruined career, no sponsorship and pretty much nowhere to go afterwards.  In Nel’s version, there is a lot of time for Pistorius to think of these things, so I am hesitant to agree with this.  Again, I think if anything it was a spontaneous decision/crime of passion and he did not stand outside the door pointing a gun at her while they were arguing.

Nel continuously tells Pistorius his version is highly improbable (which it is in many senses), but in the style of Barry Roux, I put it to Nel that his version is also improbable in certain aspects.  This is why I am looking forward to hearing what Barry Roux has to say in re-examination, if we ever reach that stage!

“Did you not say to Reeva ‘did you hear that?'”(Nel)- Oscar Pistorius trial 11 April: Pistorius takes the stand

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Pistorius was handed flowers by a fan after court adjourned on Friday (http://www.bbc.co.uk/news/world-africa-26984693)

Friday was another short day in court which adjourned at 12:00 on request by Nel.  The initial attack by Nel was aimed at showing that Pistorius’ awareness and fear of crime were both deeply exaggerated for the sake of his version.  Nel pointed out that if Pistorius was so worried about his alarms not working during the home improvements, why didn’t he check this?

Nel also questioned Pistorius about if and when he turned off the bedroom alarm before he carried Steenkamp’s body downstairs.  Pistorius’ testimony went from “I did” to “I must have”.  Not a significant difference day to day but in court, the change of words can, and was used by Nel to substantiate his claims that Pistorius is adapting his evidence for court.  When in doubt, Pistorius tends to revert to “I’m tired” and “I have no independant recollection of doing this”, which would be fine if this was consistent through his testimony but what he can and can’t remember changes, and is casting doubt on his version’s truthfulness.

“Did you not say to Reeva ‘did you hear that?'” was another one of the pertinent questions asked by Nel.  Pistorius replied that he didn’t ask because he was sure of what he heard, namely the sound of a window sliding open and slamming,

My whole being was fixated on this person that I thought was in the bathroom”

This is where I think Pistorius’ version is really being tested. Logically, the first response to an unexpected sound would be to confirm that the person sleeping next to you had heard it too, especially in light of the fact, as we heard, that Steenkamp was awake before Pistorius got up.  If not for confirmation, for the comfort that you are not alone and to formulate a “plan of action” for dealing with the perceived threat.  It will be interesting to see how Roux counteracts this little indiscretion in the re-examination that I don’t doubt will occur.

Nel got a slap on the wrist from Judge Masipa after calling Pistorius a “liar”, warning him to watch his language.  Again, I think Nel is doing a ten out of ten job at breaking down both Pistorius and his version of events but he really needs to watch himself and his attitude and demeanour in court.  I mean, I know he’s not called the Pitbull for nothing but there is a certain code of conduct in court and I don’t think it would do his case any harm to adhere to it a bit more strictly.

Pistorius stated that he considered that there was either someone on the ladder behind the bathroom window or in the toilet cubicle.  Nothing we haven’t heard before but his choice of words put a bullet hole in his argument that he didn’t have time to think before shooting through the door.  After asking the question on the world’s lips, “Why would an intruder lock themselves in the bathroom?”, Nel followed with another, exceptionally vital question;

 “She never said a word. Why would she not say a word? Why?”

Pistorius said he had no idea why she wouldn’t say anything.  If we believe his version of events, we can suggest that saying something would contradict the purpose of hiding from the intruders.  But then, since she had her cellphone on her, surely she would follow Pistorius’ instructions to call the police?  No evidence has been given with regard to why her phone was in the bathroom or if she used it or not in the moments leading up to her death, so I doubt this is available, which is a shame as I think it could be case changing.

Pistorius has not done himself any favours this week with his argumentative answers, excuses and shifting details and I can’t imagine the urge Barry Roux has to get his hands on him to advise him how to fix this.  Unfortunately, for Pistorius anyway, being under oath means that he can’t consult with his legal team over the weekend.  Although I think there are enough opinions out there on the web for him to administer his own advice!

“Your version is a lie”(Nel)- Oscar Pistorius trial 10 April: Pistorius takes the stand

A lot of not a lot happened today in court.  Like yesterday, albeit even more pedantically, Nel resumed him rampage on Oscar Pistorius’ testimony, character and motives.

In summary, Nel brutally painted a picture of Pistorius as egotistical, selfish and firearm obsessed.  He used the aforementioned WhatsApp messages between the couple to put it to Pistorius that everything was about him and that Steenkamp was always blamed for issues.  Pistorius mentioned that these messages reflected a minor rough time in their relationship and that it was incorrect of Nel to say that that he didn’t care about her, “I never got the chance to tell her I loved her”.  The other gun charges were also discussed (the possession, the sun roof incident and the discharge in the restaurant) which Nel used to demonstrate a love of guns but also, partly in thanks to Pistorius’ continuous denial, to demonstrate him as unwilling to take responsibility.  This really damages his credibility, I do think if he was willing to plea guilty to the, in comparison, more minor charges, that people will be more willing to accept his not guilty plea in what is the most major of the charges.

Judge Masipa demonstrated her fairness in court when she scolded Nel and other people in the court for laughing at an answer of Pistorius’ (something about him not knowing that Samantha Taylor and Darren Fresco were in contact).  “You possibly think this is entertainment, but it is not so please restrain yourselves”.  I admire and appreciate her consistency throughout the case, especially since she is essentially in the middle of one of the most high profile court cases of late so the pressure on her must be intense.

The rest of the day was spent discussing the morning of the 14 February.  Nel picked apart tiny details of Pistorius’ testimony, like if the curtain was open or closed, why was the fan in front of the balcony door if you ran out those doors and if the duvet was on the floor or the bed.  While these details do not all together prove outright that Pistorius’ version is not true, Nel is slowly but surely damaging Pistorius’ credibility and believability.  I will admit that there were some things Nel used to “disprove” what Pistorius was saying, like how could he not notice Steenkamp go to the bathroom even if his back was turned from the passage way, I didn’t entirely agree with.  Its quite possible he didn’t notice.  This did, however, get Pistorius on the defensive again, like yesterday and he began arguing again.  Each time he does argue my mind puts another nail near the coffin, not quite hammered in but its only day 2 of cross examination! Pistorius did say that things on the scene were moved around by the police, again not all together unbelievable due to interference that we already know happened at the crime scene, like the stolen watches.  Whether Judge Masipa believes this or Nel’s version that Pistorius left it like that (and by inference his version couldn’t be true) will only be seen when the verdict is given.

Probably the most pinnacle point of today’s cross examination was what we’ve all been waiting for Nel to say.  Firstly, he told Pistorius that his version of events was a lie due to a number of things which you can read in full here: http://www.telegraph.co.uk/news/worldnews/oscar-pistorius/10756728/Oscar-Pistorius-murder-trial-live.html.  He then said that the couple had an argument which caused Steenkamp to run screaming into the bathroom.  This version is corroborated by the previous week’s witnesses saying they heard a woman screaming, although I do think more evidence to support the state’s version may come to light in tomorrow’s cross examination.

I know I said a few days ago to please let Barry Roux defend me if I got in trouble but maybe I should change that the Gerrie Nel? He’s a terrifying attorney, whether this makes his tactics entirely ethical or not is another question, but I do think he could scare a nun into changing her religion!

“Reeva had already died when I was holding her”- Oscar Pistorius trial 9 April: Pistorius takes the stand

Today was an absolutely brutal day in court.  Not only because we heard harrowing details from Pistorius about how Steenkamp died in his arms but because Gerrie Nel started his cross exemination of Pistorius and lets just say that nothing was held back.

Briefly this morning, the events after Pistorius discovered Steenkamp was dead were discussed.  It sounded to me that after this event the early morning of the 14 February 2013 was a blur of police, paramedics and photographers for Pistorius.  On this point there wasn’t actually anything that came out that was unknown.  Pistorius was also asked to demonstrate how he held the cricket bat when he bashed down the door.  Referring to a comment from a previous witness about how the door was broken at an “unnatural angle”, he made the point (in a lawyer like manner in fact) that “unnatural” means nothing when you are trying to break down a door, and that this wasn’t “a game of golf”.  The defence then moved on to some of the state’s witnesses that they did not call to the stand, this was probably because the witnesses referred to contradicted those called.  Namely they cite not hearing a woman screaming at all, and describe rather a man crying.  This would not be very useful for the state’s case.  What these uncalled witnesses are doing is supporting Pistorius’ version of events, and the defence then moved on to explaing (read: disproving) some of the witnesses that were called.

Before 10:40 (SA time), I will admit that I was beginning to lean towards the defence’s case, purely from an objective point of view, everything seemed to match up and make sense.  Well I will say that changed rapidly at 10:40 when Gerrie Nel began cross examination of Pistorius.  He began by asking him about a video in which Pistorius shot at a watermelon and in the same video made reference to human brains and killing zombies.  I will only mention the to-ing and fro-ing that occured as to whether the video was admissable evidence as this took ages and it eventually was accepted to be presented but not as evidence.  I sense that by showing this video Nel was trying to present Pistorius as someone fascinated with the idea of shooting living (or living-dead) things, but I was really quite shocked and frankly disappointed with his next action.  Nel said that Steenkamps head exploded, just as the watermelon had in the video and topped off this statement with an unexpected and graphic photo of her head injuries.  This to me didn’t feel like the actions of a trained professional, instead this felt like an attack on Pistorius on a very deep and personal level.   “I [he] don’t [didn’t] have to look at the picture. I [he] was there” was Pistorius’ response.  I one hundred percent agree with Nel that justice is of the greatest importnace for Steenkamp and her family but I dont’ believe ambush tactics are the appropriate way to rattle the accused.  Luckily Judge Masipa agrees and the picture was removed.

The cross examination resumed and it was like Nel was running a fine toothed comb through Pistorius’ version of the evening.  Everything from whether he went onto the balcony (as stated in his bail application) or not (as stated yesterday) to whether there was one fan (bail) or two fans (testimony) was scrutinised.  Throughout this I will agree with Nel that Pistorius seemed argumentative in response to the questions rather than answering them, which I don’t think helps his case in any way.  There were times when I physically wanted to reach through my cell phone and shake him so he would stop shooting himself in the foot by being so defensive.  Pistorius stated that it was not ever his intention to kill anyone for the umpteenth time in a somewhat monotonous and rehearsed tone.  Nel asks him if he thinking about the implications of his answers and he replies that of course he is, it is his life on the line.  Nels response actually hit me like a ton of bricks; “Reeva doesn’t have a life any more because of what you did.  Please answer and don’t think of implications to you.”  Court then adjourned with a final warning from Nel that Pistroius can’t get away.

I am actually shocked at the tactics being used by Nel, to the extent its put a bad taste in my mouth.  On the other hand, if his aim is to shake up Pistorius and find discrepencies in his statements, then I can’t say he’s not doing an alright job.

“Before I knew it, I had fired four shots”- Oscar Pistorius trial 8 April: Pistorius takes the stand

The fact that today court was adjourned early because of a hysterical Oscar Pistorius is pretty representative of what a harrowing and difficult day it was in court.

To be honest, at the start of the day, I really didn’t think testimony would even reach the 13-14 February 2013.  All morning was dominated by discussion of WhatsApp conversations between Pistorius and Steenkamp, ranging from the previously discussed arguments to some new, tender and loving messages leading up to the 13 February.  This was actually quite tedious, but necessary as it worked to demonstrate that their relationship was predominantly positive and any negative feelings were resolved quickly.  I found it quite sad that Steenkamp, as demonstrated by messages exchanged on the 13 February, wasn’t even meant to stay over at Pistorius’ house that night, I wonder where they would be today if this had been the case.

After this and before getting onto the 13 February in more detail, Pistorius was questioned about the other charges against him; namely the accidental shooting at the restaurant and the fires shot out the car sun roof.  With regard to the former, Pistorius admits that it was a “stupid” idea to ask to view Darren Fresco’s firearm in a public place.  More pertinantly, with regard to the sun roof incident, he completely denies that it happened the way witnesses describe at all.  Unfortunately, not much evidence on the part of the defence was presented here to substantiate these claims.

The hard part of the day really began when Pistorius described in painstaking detail the evening of the 13 February and the morning of the 14 February.  Bearing in mind that this discussion began at 12:00 and only reached the stage of Pistorius discovering Steenkamp was dead (including a lunch adjournment) just shows how much detail was provided.  A detailed summary of exactly what Pistorius said can be found on the Mirror website (http://www.mirror.co.uk/news/world-news/oscar-pistorius-trial-live-updates-3387093) but here’s a summary anyway.  He described, as I briefly mentioned that it was a last minute decision of Steenkamp’s to stay at his house that night.  The couple had dinner together just after 19:00 and Pistorius helped Steenkamp look over some of her contracts.  Pistorius spoke about a wrapped Valentines Day present from Steenkamp that was in the kitchen ready for the following day and told the court that he too had bought her a Valentines Day gift; a bracelet from one of her favourite designers.  Again, my opinion is that these are not the actions of someone who has premeditated this murder, the state has to justify why they’ve gone for this charge really! Pistorius told the court, choking down tears that he eventually opened the gift from Steenkamp on the day before her birthday in August and it was a picture of the two of them.

Pistorius described how the couple spent the evening together just chatting and relaxing, Steenkamp showing Pistorius pictures on the Ipad every so often, pretty standard couple interactions is the feeling I got.  Fast forward to the early hours of 14 February when Pistorius woke up, its implied because of the heat in the bedroom.  He tells the court how Steenkamp was also awake and said to him “Can’t you sleep my baba?”.  This is interesting because in theory it could be in favour of the state’s case that Steenkamp was awake and so therefore why wouldn’t Pistorius think that it could be her in the bathroom.  On the other hand, Roux is a smart man so if he thought this would be detrimental to the case he would’ve told Pistorius to withhold this information, instead I do believe that providing this information does allow people to sense truth in what he is saying.  Have I said that if I get in any legal trouble please get Barry Roux to defend me?

After collecting the fan, Pistorius said that he heard the bathroom window open, which is what made him believe that there were intruders coming into the house.  He actually desrcibes this as the moment “that everything changed”.  Does he mean that evening or in his life?  He told the court how he grabbed his gun and began down the passage to the bathroom, while shouting to Steenkamp that there were intruders, to get down on the floor and to call the police.  It was at this stage he says he heard the bathroom door slam, for him it confirmed there were people in the house and that they were now hiding in the bathroom cubicle.  Using this version of events, I now suggest that if what Pistorius is saying is true is that in reaction to his screaming and calls for help, that maybe Steenkamp (perhaps on her way to the bathroom?) made the decision to lock herself in the bathroom, as a means to protect herself from the perceived threat.  This does work to explain the state’s witnesses suggestion that Steenkamp was standing when she was shot and that her bladder was not consistent with very recent emptying.  Although that being said, we have yet to hear from the defence’s witnesses regarding these claims.

Then, finally, he describes the moment he fired the shots.  A noise behind the toilet door made him think that someone was about to come out and “before I [he] knew it, I [he] had fired four shots”.  He told the court how he went back to the bedroom and tried talking to Steenkamp, without response, it took him longer than it probably should have to realise that it may actually have been her in the bathroom.  He screamed for help and prayed, and managed to eventually break down the door, as we know, with the signed cricket bat to discover Steenkamp there, not breathing.  It is at this stage in court that a sob literally tore through his body, I had never fully understood this expression before today.

Pistorius’ emotional state was deemed too fragile to continue today and so court is adjourned until tomorrow morning.  The media hounded the Pistorius family on their way out of court, one of them asking if Pistorius was okay.  “He’ll never be okay”, one of their answers, is probably a pretty accurate round up.

“I wake up, and I smell the blood”- Oscar Pistorius trial 7 April: Pistorius takes the stand

So, today was the day that Oscar Pistorius finally took the stand in his defence in his ongoing murder trial.  Previously, I have done weekly round ups of the case but I thought since his testimony, to me anyway, is one of the most interesting parts of the trial and I have no more university lectures, that I would do a day by day round up of it.

When recapping what I watched live earlier, the line I have quoted in my title seems to dominate the headlines.  Pistorius began speaking even before his lawyer Barry Roux asked him a single question.  He began with an apology to Reeva Steenkamp’s family who were in court, expressing that he can’t imagine the pain and heartbreak they are experiencing.  Pistorius sobbed as he told them that that fateful night, Steenkamp went to bed loved and he was only ever trying to protect her.  He described how he has trouble sleeping and wakes terrified, with the smell of blood in his mind’s nose.  I will admit, that listening to this did choke me up, not because I believe that this was an innocent mistake (again, I am withholding my judgement until I’ve heard both cases) but what I do believe is that Pistorius is truly a broken man and, I say this tentatively, deeply regrets what happened that morning.  His voice was weak, he stuttered and spoke through heart wrenching sobs.

When Roux began his questioning, it became clear that the aim of today’s game was to get Pistorius used to the stand, and to establish a bit of background about the Blade Runner’s life.  It came to light that Pistorius was very aware of crime; he spoke of personal experiences, both where he was a victim and situations where he helped a victim and of hear-say about the areas surrounding his estate.  He also told the court how his mother even kept a pistol under her bed when they were growing up.  This is a clever place for the defence to start their questioning as they are painting a picture of a man who has been affected quite a lot by the crime in South Africa and so would possibly have reason to have a more volatile reaction when a threat is suspected.

Today, the defence also began to repair some of the potential damage to Pistorius’ character as a result of some of the state’s witnesses.  Roux questioned Pistorius about his father leaving him, his mother’s death and his religion which along with the occassionaly sob, made him seem more vulnerable and soft.  The court adjourned about half an hour early on request of Pistorius through Roux who described the athlete as “exhausted” and when asked, Pistorius confirmed he had not slept the night before.  Nel, for the state, countered that this was okay for today as long as it didn’t become a daily occurence, its quite clear that Nel draws the line at sympathy!

In this article, there is a video summarising Pistorius’ key points: http://www.mirror.co.uk/news/world-news/oscar-pistorius-trial-live-recap-3383787