Ferocious Aardvark wrote:I clicked on the BBC feed briefly and it happened to have this quote from the judge:
That ends any interest I had in the case (which wasn't that much) right there. I'm thinking if I think a human is the other side of a door, and I pump a hail of bullets at point blank range through the door - because I apparently fear for my own life - then yes, i think I could forsee that one likely outcome is they will die. Like, er, if my bullets hit them?
I also know it's not unique to South Africa, but find it unsavoury and cruel, whatever you may think of the defendant, to have this X-factor style pregnant pause verdict. He should have been told what he was found innocent or guilty of, and then given the reasoning. There's no need to make him sit there and sweat trying to second-guess what's coming for a couple of hours.
EDIT: some time later, back at the court:
So, on the one hand:
"He cannot have foreseen killing whoever was behind the toilet door"
... but on the other hand a reasonable person would...
"have foreseen the possibility that if he fired four shots whoever was behind the toilet might be struck and die".
So he cannot have foreseen killing them, but should have foreseen they might die. Okaaaaay.
And then why not adjourn in the early afternoon, so the defendant has another night to stew. Weird.
Agree with all that. I'm nowhere even close to knowing much about how the justice system works in any country including in Britain, my only experiences of it being very fleeting.
But a few things seemed strange to me. First of all the lack of a jury. I know we have magistrates in this country deciding often very important (for the people involved) cases but for a murder/manslaughter case we'd rightly have a jury. I think it's infinitely preferable to 1 person making a decision.
Then as you say the strange decision the judge has come to. From what I heard she basically said he knew there was someone there, that he was aiming to shoot them (ie not a warning) and it wasn't reasonable to think he himself was in danger and that he had numerous other options available to him ie calling for help. How she can state that and dismiss murder I don't know, but as I say I'm nowhere close to knowledgable on legal aspects.
I agree entirely with you on he shouldn't be kept waiting. It's unfair and unnecessary.
I don't understand why it took all day for such short statements to be read out by the judge or why they had to finish the day so early. Also the judge, at times, didn't appear very au fait with what she was reading.
I have many reservations about our criminal justice system, but it seems light years ahead of that in SA.