Tag: Oscar Pistorius (page 4)
The bail hearing for Oscar Pistorius resumes at 9:00 am South Africa Time. (Midnight, MT). (Updates will be at the top instead of the bottom.) The journalists I am following today on Twitter who are the source of my updates: @BarryBateman (Eyewitness News);@BBCAndrewH; David Smith (The Guardian); @AlexCrawford (Sky News); @KarenMaughan (legal journalist).
Final Update 12:45 pm SAT: Court breaks for lunch unitl 1:30 pm. "We're in terrible trouble" a junior prosecution official says when leaving court. [More...]
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Update: The bail hearing is continued until tomorrow at 9:00 am (South Africa time). It will be live-streamed to an overflow courtroom for reporters. Prosecutors will provide the defense additional discovery. Both sides want to present more evidence.
Details: After the prosecution finished its argument and the parties debated premeditation, the judge stated he cannot rule out premediation and the bail hearing would proceed as a class six offense of premeditated murder, making the test for bail a showing of exceptional circumstances. But he also said he may change his mind after all the evidence is in and reduce it to a class five offense, which requires a lesser showing that bail is in the interests of justice.
The defense then presented its case. [More...]
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Update: New thread with reports from hearing here.)
Oscar Pistorius will have a bail hearing Tuesday (shortly after midnight tonight ET. ) The controlling law is the Criminal Procedure Act (CPA).
Murder can be a class 5 or 6 offense. Premeditated Murder is a Class 6 offense.
Where an accused is been charged with an "extremely serious" schedule six offence, he may be released only if he produces evidence to satisfy the court that exceptional circumstances exist which, in the interests of justice, permit his release
His lawyers will argue he should be charged with the class 5 murder offense, which would make bail easier to obtain. [More....]
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