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ts affected by Spezza, too. "I dont kno

in Off-Topic 20.03.2019 01:39
von lebaobei123 • 300 Beiträge

JOHANNESBURG - Prosecutors in the Oscar Pistorius case said Monday they will file appeal papers in the next few days against the verdict and sentence after the Olympic runner was convicted of culpable homicide and given a five-year prison term for killing his girlfriend.The decision by South Africas National Prosecuting Authority could see Pistorius face a murder conviction again for shooting Reeva Steenkamp and, if found guilty on the appeal, a minimum of 15 years in prison.The 27-year-old double-amputee athlete was acquitted of murder by Judge Thokozile Masipa for shooting Steenkamp multiple times through a toilet cubicle door in his home. He testified he mistook her for a nighttime intruder. Masipa found him guilty instead on a lesser charge comparable to manslaughter.The NPA said in a statement its decision to appeal was based on a question of law, meaning it believes that Judge Masipa misapplied the law when she acquitted Pistorius of murder.The merits and the demerits of the NPAs argument ... will become evident when we file papers for leave to appeal, the national prosecuting body said. The prosecutors are now preparing the necessary papers in order to be able to file within the next few days.Chief prosecutor Gerrie Nel and his assistant, Andrea Johnson, had been hard at work since last week studying the judgment, researching and consulting with legal experts, the NPA said.Prosecutors must apply initially to Masipa for permission to appeal within 14 days of Pistorius Oct. 21 sentencing. If Masipa grants them permission, Pistorius case would be reviewed by a panel of three or five judges in the Supreme Court of Appeal, legal expert Marius du Toit said. They could overturn the manslaughter conviction and find Pistorius guilty of murder.Prosecutors can directly petition the SCA if Masipa denies their appeal, du Toit said.Pistorius lawyer, Brian Webber, declined to comment, while Pistorius uncle, Arnold Pistorius, said in a short family statement: We take note of the states announcement. The law must take its course.Pistorius started serving his prison sentence last week for negligently killing Steenkamp on Feb. 14, 2013. Currently, the multiple Paralympic champion is eligible for release after 10 months to complete the sentence under house arrest.Prosecutors had said they were disappointed with the culpable homicide conviction and believed they had a strong murder case against Pistorius. A murder conviction has a minimum of 15 years in jail in South Africa.Chief prosecutor Nel laid the groundwork for the decision to appeal by speaking with Prof. James Grant, a criminal law specialist at Johannesburgs University of the Witwatersrand, prosecution spokesman Nathi Mncube said.Masipas decision to acquit Pistorius of murder had been questioned by legal analysts. Grant, a television analyst during Pistorius trial, was among them and said last week that he had advised Nel to appeal. Grant also said he agreed to assist prosecutors.Experts say there are grounds for an appeal, partly because the judge may have misapplied a part of the law called dolus eventualis — which says someone should be found guilty of murder if they foresaw the possibility of killing someone through their actions and went ahead anyway. The experts questioned how Masipa ruled that Pistorius did not predict that someone might die when he decided to shoot four times from close range into the small toilet cubicle in his Pretoria home, hitting Steenkamp in the hip, arm and head.Some experts have also said that Pistorius argument that he did not know it was the 29-year-old model in the cubicle might not be enough to save him from a murder conviction as he still knew there was someone in there when he fired his 9 mm pistol.___Imray reported from Stellenbosch, South Africa. Cheap Rays Jerseys China . Mohamed Diame put West Ham ahead in the 47th minute before goals by substitutes Carlton Cole and Joe Cole condemned Fulham to a fifth straight defeat, keeping the visitors in the bottom three. Cheap Wade Boggs Jersey . So they rushed to re-sign the first baseman who general manager Ben Cherington described Friday as "a unique player." The World Series champions finalized a $32 million, two-year agreement Thursday with the slugging former catcher who turned into a surprisingly good defender. http://www.cheapraysjerseys.com/?tag=che...longoria-jersey. -- Once again, Carlos Santana was a huge hit in Kansas City. Cheap MLB Jerseys Authentic . Stepanek gave the Czech Republic its second straight Davis Cup title Sunday, sweeping past Dusan Lajovic in straight sets in the fifth and decisive match to secure a 3-2 win over Serbia in the final. Cheap MLB Jerseys . Carey Price made 27 saves for Montreal (30-21-6) for his fourth shutout of the year and second in four games. David Desharnais added an empty netter for the Canadiens. Reto Berra stopped 25 shots for Calgary (21-28-7).PHILADELPHIA - After sitting idle without a first-rounder in the NHL draft, one Ottawa Senators scout was thrilled to get to make some picks on Day 2. "The scouts were happy," general manager Bryan Murray said. "I think somebody shook my hand at the end." That wasnt the handshake Murray went into the weekend hoping for. And try as he did, he was unable to consummate a trade to give centre Jason Spezza his wish to leave Ottawa. "I called the teams or took calls from teams that were interested," Murray said Saturday. "We talked about the return, the type of deal we wanted to make. In a couple of cases there was real interest and it went away. So I dont know whether it was because of the draft and on the day of the draft picks are very valuable, whether that was part of it or it was something different." Murray wanted a first-round pick, a roster player and a prospect for his captain, who has a limited no-trade clause and thus the power to refuse to go to 10 teams. One of those 10 is Nashville, which had a deal worked out to get Spezza that couldnt go through because he didnt agree to go to the Predators. "David (Poile) talked to me and we couldnt go there," Murray said. "I told (Spezzas agent) Rick Curran that today, I had a deal sitting there if I wanted to do it, but he was on the list of no-gos." A Senators-Predators deal mightve landed Ottawa the 11th pick. Instead, Poile pulled the trigger on getting winger James Neal from the Pittsburgh Penguins for Patric Hornqvist and Nick Spaling. Considering that and the Anaheim Ducks trade with the Vancouver Canucks for centre Ryan Kesler, Murray knnows that "the field narrows a little bit.dddddddddddd." Murray estimated that he talked to four or five teams about Spezza and that three expressed fairly serious interest. It never worked out, leaving everyone in the situation still hanging. “Im sure its disappointing for him, its disappointing for me because Id like to accommodate him if I could, but he does have a year left on his contract," Murray said. "If thats the case well have a pretty good player for next year." Or its possible that teams circle back to the Senators after July 1 if they dont land Paul Stastny or another free-agent centre. As far as Ottawas approach to the start of free agency, thats affected by Spezza, too. "I dont know, thats the problem," Murray said. "Part of your decision is what can you spend, where does it fit and what do you get in return for a certain player? If you dont know that, then its harder." Unable to get anything done on the Spezza front, the Senators made five picks to stock up for the future. They took defenceman Andreas Englund 40th, defenceman Miles Gendron 70th, forward Shane Eiserman 100th, defenceman Kelly Summers 189th and left-winger Francis Perron 190th. The 189th pick, a seventh-rounder, Ottawa got from the Winnipeg Jets for a 2015 sixth-rounder. That was the only trade Murray was able to make in Philadelphia. "It just seemed to me there were a lot of phone calls, a lot of talking, people interested, but nothing really happened," he said. "I had to make one trade at the end, a seventh-round pick for the sixth next year just to say I did something. So that was my accomplishment." ' ' '

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