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- Oscar Pistorius appeal: judge strikes out defence application – live
- Ciudadanos, the 'Podemos of the right', emerges as political force in Spain
- Uneasy calm in Ferguson in wake of police shootings
- Vanuatu locals batten down hatches as cyclone Pam bears down - video
- International collaboration vital in reducing impact of natural disasters
- Push for Australia to take salmonella risk from eggs more seriously
- Cyclone Pam: massive storm bears down on Vanuatu, with 260,000 people in its path
- North Korea fires volley of missiles into sea as South and US continue drills
- Do North Koreans know their country is the butt of so many jokes?
- Barack Obama: I don't text, I don't tweet and I don't use a smartphone
- Mass impeachment action launched against former Thai MPs
- Indonesia scolds Australia over offer to pay for Bali Nine pair's life in prison
- Skier hit by plane in French Alps
- The young Sudanese community of Melbourne – in pictures
- US anger at Britain joining Chinese-led investment bank AIIB
- World powers begin talks on ending UN sanctions against Iran
- Iceland drops EU membership bid: 'interests better served outside' union
- Isis welcomes Boko Haram's allegiance and plays down coalition 'victories'
- American diagnosed with Ebola to be flown to US from Sierra Leone
- David Cameron to close gap in oversight of mass surveillance
| Oscar Pistorius appeal: judge strikes out defence application – live Posted: 13 Mar 2015 01:29 AM PDT Lawyers for Pistorius had said they must have leave to argue that judge was wrong to allow state's appeal against the athlete's culpable homicide conviction
In the end, then, Judge Masipa dispatched the defence application very speedily. Her court was not the right place to hear this application, she said, adding that there was "really nothing new" in what the defence had submitted.
Masipa strikes the defence application from the roll, Roux and Webber shake their heads in disbelief #Pistorius
There is really nothing new in the submissions by counsel for the applicant [Pistorius]. She strikes out the application by the defence.
Masipa: I am not satisfied that this is the correct court to hear this application.
Judge Thokozile Masipa: Roux argued that he cannot argue against my decision to grant appeal unless the application is granted.
As we know, Masipa likes to explain her reasoning behind all decisions. So she begins by setting out what we've heard so far this morning (here's a brief summary by me).
Judge Masipa has returned to the court room.
Barry Roux, for Pistorius, insisted this was not an application for leave to appeal against the state's leave to appeal.
Judge Masipa is still in her chambers, considering her decision. Given the speediness of the hearing, it's expected that she will come back with a ruling today, but as the lengthy main trial showed, things can sometimes take a lot longer than expected.
Outside the court, there has been some controversy ahead of this hearing concerning the "privileges" apparently afforded to Pistorius inside Kgosi Mampuru II prison, where he is serving his sentence. Reports have claimed that authorities at the jail have upgraded his status from category B to category A, meaning he is now entitled to make more phone calls, wear jewellery, own a radio, and hug his visitors – the last apparently confirmed by his brother, Carl Pistorius: AWESOME morning! Our Princess's @AimeePistorius birthday - my first contact visit with my Boet @OscarPistorius. #whataday #allboutthepeople
Roux is finished. Court breaks as Judge Masipa leaves the room to consider her decision. She asks for "a few minutes".
Roux goes on – he says the trial court made a finding in granting the application to the state in December that the issues raised could be matters of law. The court was right to dismiss the state's attempt to secure leave to appeal against the five-year sentence, Roux adds. Roux says he needs leave to argue that Masipa was wrong to grant state right to appeal in the first place #OscarTrial @eNCAnews
Nel sits down. Barry Roux is on his feet again. He says he is obliged to ask for this leave: It's not an appeal, it's a substantive application.
Nel: In conclusion, this case should be struck off the roll. In fact, it should be stronger than that, he adds: The court should make it clear that it will not entertain applications for leave against leave.
Nel says the result of an application of this nature is that the case "will become never-ending … where will it stop?"
Nel cites various other cases to support his argument that the court today is not entitled to grant the defence leave to appeal against the state's appeal. There is no "prescription in the law", he tells the judge. "We can't do that (grant defence) because this court is a creature of statute...you don't have the right," says Nel #Pistorius
Nel says Masipa does not have the right to grant the leave. There is no provision to even hear the current application, he argues. Masipa is making a lot of notes as she listens.
Nel: To grant leave to appeal … is not a final order … It's a process where one approaches the court and applies for leave to address a specific point in the SCA [supreme court of appeal] later. The accused has a right to argue whatever he wants. Nel says that Masipa did not decide, in granting the state leave to appeal, that the state was right in its arguments on the point of law (on dolus directus), merely that there was "a reasonable possibility" that another court would reach a different interpretation.
Nel says the defence is asking the court to grant leave for something it already has leave to do. Pistorius' lawyers can already argue their point in the supreme court. This "leave against leave" is "ridiculous".
Legally, appeals to the supreme court must be on a point of law, not on factual matters, Roux contends. He says the defence needs leave from Judge Masipa in order to argue at the Supreme Court that this is a factual matter. It needs this to be in an equal position when it comes before the Supreme Court, Roux insists.
Barry Roux, lead counsel for Pistorius, speaks first. He says he is not intending to appeal against the state's appeal.
Judge Masipa has arrived and the court is in session.
June Steenkamp, the mother of Reeva Steenkamp, was a regular attendee at the high court in Pretoria during Pistorius' trial. But she is unlikely to be here today. She told my colleague David Smith last month: I'm not focusing my life any more on Oscar. If by law they condemn him to a longer sentence, that's got nothing to do with me. What happens to Oscar now happens to Oscar. It isn't going to affect me. Reeva is never going to walk through that door again.
It is still early but so far the scene at court does not resemble those seen during Pistorius' original trial. Karyn Maughan, a reporter for eNCA news in Johannesburg, is in court: Prosecutor Gerrie Nel has arrived at court. So far, only me and another journalist in court. Very different from #OscarTrial @eNCAnews Prosecutor Gerrie Nel preparing his argument. #OscarAppeal @eNCAnews pic.twitter.com/ROjlY1qqYs
In the hearing last December, lead prosecutor Gerrie Nel said the court had erred in its application of the principles of dolus eventualis, because the accused should have known that firing four shots through a toilet cubicle door would result in death, even if he did not "wish the result". Pistorius should have been found guilty of murder, he contended. Nel also argued that the five-year sentence imposed on Pistorius was "shockingly inappropriate" and a different court would be likely to impose a harsher punishment. I cannot say ... that the prospect of success at the Supreme Court of Appeal is remote … I am also of the view ... this might have a practical effect. The application therefore in respect of count one is decided in favour of the applicant [the state]. I am not persuaded that there was any material misdirection or irregularity, or that on the facts of this matter the sentence imposed was shockingly inappropriate.
Lawyers for Oscar Pistorius will today argue that Judge Thokozile Masipa was wrong when, in December last year, she granted prosecutors permission to appeal against her verdict that the Paralympian was guilty of the culpable homicide – but not the murder – of Reeva Steenkamp. Steenkamp was killed when Pistorius, her boyfriend, fired four shots through a locked toilet door in the early hours of 14 February 2013. He maintained that he had mistaken her for an intruder. It cannot be said that he foresaw that the deceased or anyone else would be killed when he fired shots at the toilet door. Continue reading...      |
| Ciudadanos, the 'Podemos of the right', emerges as political force in Spain Posted: 13 Mar 2015 12:58 AM PDT Albert Rivera's pro-EU movement is gaining ground among voters disillusioned by corruption claims surrounding ruling People's party Continue reading...      |
| Uneasy calm in Ferguson in wake of police shootings Posted: 13 Mar 2015 12:28 AM PDT Anxious police and protesters show restraint as injured officers released from hospital following 'ambush' on Missouri police HQ There was no escalation in violence outside police headquarters in Ferguson, Missouri overnight on Thursday – no shots fired, no arrests made and no one with anything but disgust for the mystery gunman who had put the city back on edge. Instead, anxious police and protesters showed mutual restraint as demonstrations resumed in drizzling rain and the search continued for the person who shot two police officers on Wednesday night in what chiefs described as an ambush. Continue reading... |
| Vanuatu locals batten down hatches as cyclone Pam bears down - video Posted: 13 Mar 2015 12:26 AM PDT Locals of the Vanuatu capital, Port Vila, prepare for the arrival of a 'once-in-a-lifetime' storm. Cyclone Pam is heading for the South Pacific nation, expected to hit on Friday night local time. On Friday morning shopkeepers could be seen boarding up their shops as winds began to pick up. Forecasters say it could be the worst storm in a generation, although the islands may be spared a direct hit Continue reading...  |
| International collaboration vital in reducing impact of natural disasters Posted: 13 Mar 2015 12:00 AM PDT A landmark UN conference in Sendai, Japan, will discuss the creation of a forum to share scientific advances in disaster prediction Continue reading...      |
| Push for Australia to take salmonella risk from eggs more seriously Posted: 12 Mar 2015 11:42 PM PDT Queensland has recorded 1,895 cases of salmonella so far this year, and authorities say misconceptions about dirty eggs are part of the problem Continue reading...      |
| Cyclone Pam: massive storm bears down on Vanuatu, with 260,000 people in its path Posted: 12 Mar 2015 11:22 PM PDT Evacuation alerts issued as experts warn the category five cyclone could be the most powerful storm ever to hit the island nation Continue reading...      |
| North Korea fires volley of missiles into sea as South and US continue drills Posted: 12 Mar 2015 10:56 PM PDT Regime leader Kim Jong-un personally supervised show of force, says Seoul, with seven missiles coming down off east coast Continue reading...      |
| Do North Koreans know their country is the butt of so many jokes? Posted: 12 Mar 2015 10:00 PM PDT The country is often mocked for its odd and anachronistic ways, but its citizens are presented with a very different worldview, says NK News Continue reading...      |
| Barack Obama: I don't text, I don't tweet and I don't use a smartphone Posted: 12 Mar 2015 09:04 PM PDT US president says he is banned from having latest smartphones for security reasons - although his daughters have them President Barack Obama doesn't send text messages, rarely composes his own tweets, and isn't allowed to have a smart phone that contains a recording device, he said on Thursday. And don't ask him for Hillary Clinton's email address. He won't give it to you. Related: Barack Obama on Jimmy Kimmel Live: 'In Kenya we drive on the other side' Continue reading...      |
| Mass impeachment action launched against former Thai MPs Posted: 12 Mar 2015 07:02 PM PDT 250 former lawmakers, the majority from the toppled ruling party of Yingluck Shinawatra, face proceedings instigated by anti-corruption body Thailand's anti-corruption body on Thursday launched impeachment proceedings against 250 ex-lawmakers, the majority from the toppled ruling party of Yingluck Shinawatra, in a move that could be a bodyblow to her family's political network. If the junta-picked National Legislative Assembly (NLA) votes for impeachment the former MPs will be banned from politics for five years, eviscerating the political base of the Shinawatra clan whose parties have swept every Thai election since 2001. Continue reading...      |
| Indonesia scolds Australia over offer to pay for Bali Nine pair's life in prison Posted: 12 Mar 2015 06:43 PM PDT Publishing of correspondence between Australia's attorney general and her Indonesian counterpart also censured: 'We regret when friendly countries do their diplomacy through the media' Continue reading...      |
| Skier hit by plane in French Alps Posted: 12 Mar 2015 06:06 PM PDT Plane on skis was attempting take off when it lost control and hit Polish woman skier at resort of Avoriaz A Polish skier was seriously injured Thursday when she was hit by a light aircraft careering down the slopes of a resort in the French Alps. The ski-equipped single-propeller Jodel plane had failed to take off from the snowy high-altitude runway near the ski area at Avoriaz. Continue reading...      |
| The young Sudanese community of Melbourne – in pictures Posted: 12 Mar 2015 06:00 PM PDT Growing up in Melbourne, photographer Gina Nero noticed the growing presence of Sudanese youth in her area. In a new series she documents the people who escaped Sudan's conflict and made the city their home Continue reading...      |
| US anger at Britain joining Chinese-led investment bank AIIB Posted: 12 Mar 2015 05:12 PM PDT US statement says of UK membership that it is 'worried about a trend of constant accommodation' of China, in a rare public breach in the special relationship The White House has issued a pointed statement declaring it hopes and expects the UK will use its influence to ensure that high standards of governance are upheld in a new Chinese-led investment bank that Britain is to join. In a rare public breach in the special relationship, the White House signalled its unease at Britain's decision to become a founder member of the Asian Infrastructure Investment Bank (AIIB) by raising concerns about whether the new body would meet the standards of the World Bank. I think the US has had its questions about the UK posture towards China on other issues Continue reading... |
| World powers begin talks on ending UN sanctions against Iran Posted: 12 Mar 2015 03:38 PM PDT If a nuclear agreement is struck, the resolution is a step that could make it harder for the US Congress to undo a deal Major world powers have quietly begun talks on a UN Security Council resolution to lift UN sanctions on Iran if a nuclear agreement is struck, a step that could make it harder for the US Congress to undo a deal, officials said. The talks between Britain, China, France, Russia and the United States – the five permanent members of the Security Council – plus Germany and Iran, are taking place ahead of difficult negotiations that resume next week over constricting Tehran's nuclear ability. Continue reading...      |
| Iceland drops EU membership bid: 'interests better served outside' union Posted: 12 Mar 2015 03:16 PM PDT
Iceland has announced it is dropping its bid to join the European Union in line with pledges made two years ago by its then-new eurosceptic government. Iceland first applied for EU membership in 2009 but its foreign minister, Gunnar Bragi Sveinsson, said in a statement that the centre-right government had informed current EU president Latvia and the European Commission of its decision to annul the application. Continue reading...      |
| Isis welcomes Boko Haram's allegiance and plays down coalition 'victories' Posted: 12 Mar 2015 03:04 PM PDT In a 30-minute tape Isis spokesman speaks of 'the expansion of the caliphate to west Africa', but analysts downplay the allegiance as propganda The Islamic State welcomed a pledge of allegiance made to it by Boko Haram and vowed to press with its expansion, according to a recording Thursday purportedly from its spokesman. "We announce to you to the good news of the expansion of the caliphate to west Africa because the caliph ... has accepted the allegiance of our brothers of the Sunni group for preaching and the jihad," Isis spokesman Abu Muhammad al-Adnani said in the message, using the Arabic name for Nigeria's Boko Haram extremist group. Related: Boko Haram-Isis alliance is nothing but superficial propaganda Continue reading...      |
| American diagnosed with Ebola to be flown to US from Sierra Leone Posted: 12 Mar 2015 02:47 PM PDT Healthcare worker who contracted Ebola while fighting the outbreak in Sierra Leone is due to arrive at an NIH facility in Bethesda, Maryland, on Friday An American healthcare worker who contracted Ebola while fighting the outbreak in Sierra Leone will be brought to the US for treatment, the National Institutes of Health announced on Thursday. The healthcare worker is due to arrive at the NIH facility in Bethesda, Maryland, on Friday. The patient, who has not been identified as male or female, was volunteering in an Ebola treatment unit in Sierra Leone. Continue reading...      |
| David Cameron to close gap in oversight of mass surveillance Posted: 12 Mar 2015 02:02 PM PDT Prime minister rushes out statement after inquiry reveals security services had 'blank cheque' to covertly collect data in bulk       |
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