Oscar Pistorius

[chrissa1]

Why is he allowed to address all his answers to the Lady Judge?

It seems to me, that being allowed to answer all the cross examination questions, as if She had asked the questions, gives him a psychological advantage over the prosecutor.

Am I right and would it be allowed in a British Court?

[anneasquith]

hi chrissa, I think that's the way they must do it in SA. but he does overdo it a bit.

[jim360]

He's not allowed to, he has to.

http://www.thejournal.ie/oscar-pistorius-trial-my-lady-1358250-Mar2014/

[Jeza]

I noticed that too Chrissa. Ain't he got a whiny voice, My Lady.

My best guess is, there is no jury system in S A the judge decides whether he is guilty so he is trying to get her onside.

[chrissa1]

I guess so, anne.

"Did you shoot, Reeva, Mr Pistorius?" Says Nell.

"No, my lady."

[sandyRoe]

Directing his answers towards the judge ensures that he doesn't get engaged in a verbal duel with his interlocutor. The defence lawyers probably told him to do that.

[chrissa1]

That's what I thought, sandy. Would it be allowed to happen here?

[Buenchico]

The South African judicial system is modelled on the English one. All responses are (theoretically, at least) said to the judge in the same way that responses in formal meetings are often required to be 'through the chair' and answers in the House of Commons should be addressed through the Speaker.

[chrissa1]

So he is ignoring the prosecuting counsel with his eternal use of the words, "My Lady?" That helps his case somewhat, IMO.

[237SJ]

That`s the protocol in SA (in the same way as My Lord has been mentioned in UK courts)

[hc4361]

It's the same in UK courts. All answers are, or should be, directed to the judge/magistrate(s).

[New Judge]

Quite so. And it is something which many witnesses find difficult to do as they are asked a question by one person and have to address their replies to somebody else sitting in a different direction.

[ladybirder]

Apparently MrP will not even look at Gerrie Nell.

[Peter Pedant]

Chris - (BC) the S A legal system is not REALLY based on the English one: It is its own - Roman Dutch.

Based on the pre-1806 legal system of the Netherlands ( The Dutch moved onto the Napoleonic Code and SA didnt ) . Heavily influenced by the Reception of Roman Law ideas [ Justinian Code and so on ] which did NOT happen in the English Renaissance - but did in Scotland.

see wiki

That's why they dont have a jury - judge and the two on her side are lay assessors

This means for example that the advocacy need to plead to the jury, very obvious in English criminal procedure - is absent.


there are all sorts of rules we dont hear - in the S A criminal procedure - the defendant MUST appear first in the list of defence witnesses. Here they applied especially to hear ? Botha first as he had to be elsewhere.

Hairy Nel - well OK Gerrie Nel - has much more lee way in his questions than I would expect here - he keeps on asking witnesses what was in someone else's mind - and I expect the obvious answer - I dont know - ask them. That answer is so far un-used.

Old Southern Rhodesia had English legal system except for Land: which was Roman Dutch to fit in cross the border. I had to share that with you. I hesitate to state that Zim has any legal system at all.

[chrissa1]

Thanks for that PP. You're right about Zimbabwe.


Of the few witnesses I have seen, not many I must admit, they didn't keep addressing the Judge after every sentence, like Pistorius.

The only thing the Judge seems to have done, is adjourn when Mr P becomes agitated or "tired."

[Peter Pedant]

Sorry they did have juries up to 1999. - [ The weimar republic had juries amazingly enough). m

which allows me to tell my fave jury joke:

An old Boer was indicted for murdering one of his labourers but the jury in SA acquitted. When asked the reason the foreman replied Not guilty by reason of insanity, and the judge replied
what all twelve of you ?


ter daaah - I will get my coat

[chrissa1]

Lol, PP.