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Oscar Pistorius shoots girlfriend - Part 2

I'd personally take more notice of his sworn testimony in a courtroom where it is subject to cross examination, than to an interview in which he gets the opportunity to present whatever version of his story is foremost in his mind at the time, without contradiction. I also think it interesting that he is supposedly too emotionally unstable to be able to speak in court at the moment, yet he is fine to do an in depth TV interview.


Indeed. And Pistorius knows exactly how to put the optimal spin (optimal from his perspective, of course) on the available evidence. He (and his lawyers and other advisers) have had a couple of years to optimise the story, after all.......

And in a rational world, the sentencing judge would also take notice of the fact that Pistorius and his lawyer advanced the notion that Pistorius was so "on the edge" psychiatrically-speaking that it would be fundamentally unjust (and perhaps unlawful as a breach of his human rights) for him to testify at the sentencing hearing, yet he simultaneously gave an extended interview for television (where, as you point out, he would have been given a more-or-less free ride and certainly wouldn't have been compelled to answer any difficult questions*). In a rational world, the sentencing judge would see that as a significant aggravating factor in assessing the sentence. But we already know that Masipa is incompetent in a whole bunch of frightening and highly important ways...........


* In fact, I would venture to suggest that ITV - in return for securing a World Exclusive extended sit-down interview with Pistorius (and possibly also paying him handsomely for the privilege) - would have been required to have its questions pre-vetted and for Pistorius to reserve the right of pre-transmission approval. The terms of the contract between ITV and Pistorius would be a fascinating document to peruse, I suspect.
 
How can anyone see this interview as anything other than an attempt to sway the sentencing? As you rightly say, this should be seen as an aggravating factor, and actually increase rather than reduce what should already be a substantial sentence. Cynical and manipulative is an obvious description.

How is this even legal? How does a convicted murderer get the right to give an interview at all, let alone on the eve of sentencing?
 
Is the story consistent with what he said immediately? For example he said they ate at 7 pm. This made the stomach contents of Reeva problematic, but now it appears he went to bed and asleep first. Though there are reports of an argument at 1 am. If we eliminate that, Reeva ate a salad about midnight after he was asleep.
 
How can anyone see this interview as anything other than an attempt to sway the sentencing? As you rightly say, this should be seen as an aggravating factor, and actually increase rather than reduce what should already be a substantial sentence. Cynical and manipulative is an obvious description.

How is this even legal? How does a convicted murderer get the right to give an interview at all, let alone on the eve of sentencing?


The interview is not due to transmit until tomorrow (Friday) evening, which will be after his sentencing is announced. So the content of his interview is unlikely to be an attempt to influence the sentencing itself. On the other hand, I suppose there are a small number of possible motives for Pistorius to have conducted this ITV interview:

1) A factually-innocent (of murder) Pistorius is making one last public attempt to get his story out there - possibly with an eye to future appeals down the road.

2) Pistorius makes a full "mea culpa" confession, states that he knew it was Steenkamp behind the door, and that he fired at her through the door in a blind rage, and that all he wants to do now is beg forgiveness from Steenkamp's family and mercy from the courts and the public.

3) Pistorius accepts that he's guilty of murder, but wants one last public chance to convince the world that it was never Steenkamp that was his target, and that he truly did believe he was firing at the mythical intruder.

4) Pistorius does not accept that he's guilty of murder, he intends to communicate his belief that his actions were entirely justified and that he was acting lawfully to protect himself and Steenkamp (by firing lawfully at the mythical intruder). The interview will thus be used as an attempt by Pistorius to influence public opinion towards him in the longer term.

5) Pistorius is doing the interview purely for the fee he might be paid for doing so - he's reportedly broke.


Of course, there may be more than these four possible motives, but I think these are probably the most obvious possibilities.

I'd rule out (1), as I think there's more than enough solid, reliable evidence to safely convict Pistorius of murder (though the verdict is agnostic about whether Pistorius believed he was firing at Steenkamp or the mythical intruder, and the verdict does not need to be specific on this matter to be valid).

I'd also rule out (5), since I doubt ITV would make direct financial payment to Pistorius a significant part of the contract - ITV realises that it would look extremely bad for a broadcaster to be paying a convicted murderer large sums of money for an interview. In any case, the sums of money we're talking about would likely make little dent in Pistorius' financial position.

So now we come to the three more reasonable (IMO) possibilities: (2), (3) and (4).

I rule out (2), because I don't think that under any circumstances Pistorius will ever state that he knew it was Steenkamp behind that toilet door. I make that judgement on his acts and testimony since that fateful day and throughout the trial process, and on a wider evaluation of Pistorius' personality. In addition, any statement on Pistorius' part that he knew it was Steenkamp behind the door would also destroy all the self-defence aspects of his version of events, and therefore would effectively amount to a confession of murder.

I rule out (3), because I don't think Pistorius will EVER concede that he acted unlawfully and illegally that night. Whether Pistorius does or does not believe in his heart that he acted within the law that night (and IMO he knew he was firing at Steenkamp, ergo he knows in his heart that he committed a grave criminal offence that night), I think he long ago calculated that he could and should stick to his story of genuinely believing that Steenkamp was lying in bed, and that there was a potentially armed and dangerous intruder literally on the point of placing him (Pistorius and Steenkamp) in mortal danger.

So that leaves (4). I think this is by far the most likely motive for Pistorius giving this interview to ITV. I think the narcissist in him wants one last spot in the limelight, and one last chance to try to convince the public that the courts have got it all wrong and that he actually did nothing at all illegal that night. I think his chief concern is his reputation and his legacy, and possibly his position in society when he finally does get released from prison.

Let's hope Masipa can do a competent job under the legislation and procedural codes that she is obliged to follow scrupulously, and thus apply the correct and just sentence to Pistorius tomorrow. We'll see.
 
Woops Update: Pistorius' sentencing is actually scheduled for 6th July (just under two weeks away from now). Quite why Masipa needs so long between the sentencing hearings and announcing the sentence is another mystery in its own right.....

So with that in mind, one must also add in the possibility that this might be a clumsy and cynical attempt by Pistorius to influence the sentencing judge "via the back door" of the TV interview - which he would suspect Masipa will view well before pronouncing sentence. However, as both Mike and I have argued, such a move should only have downside risk for Pistorius, as any reasonable sentencing judge would be likely to look harshly on the convicted man claiming severe psychological fragility as a viable reason not to testify before her court, yet at the same time was giving an extended TV interview about the case. But, again, this is Masipa we're talking about here......
 
Woops Update: Pistorius' sentencing is actually scheduled for 6th July (just under two weeks away from now). Quite why Masipa needs so long between the sentencing hearings and announcing the sentence is another mystery in its own right.....

So with that in mind, one must also add in the possibility that this might be a clumsy and cynical attempt by Pistorius to influence the sentencing judge "via the back door" of the TV interview - which he would suspect Masipa will view well before pronouncing sentence. However, as both Mike and I have argued, such a move should only have downside risk for Pistorius, as any reasonable sentencing judge would be likely to look harshly on the convicted man claiming severe psychological fragility as a viable reason not to testify before her court, yet at the same time was giving an extended TV interview about the case. But, again, this is Masipa we're talking about here......
I think the interview should tell us plenty. Having a few years to hone a story is scarcely going to help if the story simply does not fit all the evidence.
It is not enough to merely state this as obvious, what is needed is a fundamentally flawed narrative. For example if there was a blazing row after midnight confirmed by many ear witnesses this would be significant.

I am sure Masipa is trying to finesse the sentencing into something other than what appears statutory.
 
I am sure Masipa is trying to finesse the sentencing into something other than what appears statutory.

Nonsense. Dream away. Masipa knows what is required of her. He will get at least 15.

How Pistorius' advisors think this interview will work in his favour is beyond me.
 
Listening to the ad for it the interview the acting was so bad he sounded like a pig being slaughtered inhumanely talking about it.

Well, you'd expect him to be upset for making the horrible mistake of thinking he could get away with crime passionelle in the 21st century by using the old "burglar in the bathroom stealing towels" defence.
 
Oscar's sentencing is coming up in a few hours; proceedings are due to start at 9:30 am Wednesday, which is 12:30 am PDT for me in Washington state.

https://www.enca.com/south-africa/preview-oscar-pistoriuss-sentencing-procedures

The minimum is 15 years but most legal analysts are saying Masipa will trim time off due to Oscar's "vulnerabilities" so maybe somewhere between 8 and 11 years. I guess we'll see soon.

Comparing watching Oscar walk on his stumps in court during last month’s sentencing hearing to the leaked re-enactment video convinced me that nothing has changed - he still tries to fake, lie and cry his way out of taking responsibility for his actions. Some hero.
 
Surely Mapisa knows better than to accept more of OP's lies. I suspect his TV interview will count against him.
 
I am satisfied that Reeva had a snack after midnight. This is an irrefutable fact from stomach contents. In the context of the whole evening and testimony, what does this mean? I don't see the answer as obvious, but certainly helpful to figure accident or malice.
 
I am satisfied that Reeva had a snack after midnight. This is an irrefutable fact from stomach contents. In the context of the whole evening and testimony, what does this mean? I don't see the answer as obvious, but certainly helpful to figure accident or malice.

Keep clutching at straws. Bad news coming for you.
 
I'm reading the judgement as its being read. She is making stuff up. She said that it was a miscomprehension that they argued that night. How the **** does she knows that? The word of a killer against a dead woman. She'll give him 12 I reckon. Crap.
 
I'm reading the judgement as its being read. She is making stuff up. She said that it was a misperception that they argued that night. How the **** does she knows that? The word of a killer against a dead woman. She'll give him 12 I reckon. Crap.
 

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