Legal Drama

All You Need to Know About The Oscar Pistorius Murder Trial: His Video Testimony, Comparison with the USA Legal Justice System, a Rare Look into South Africa’s

I have always envisioned an Africa where its citizens see the legal justice come to life and know that they have access to and should use the system, rather than vigilante justice, to find redress for wrongs committed against them. It is indeed why I began Africa Music Law (AML) and of course almost three years ago, shared my vision on this portal here. Here we are now and in a rare occasion, the world gets to see Africa’s legal justice system in action through the Oscar Pistorius Murder Trial.

I have heard some Africans diminish the significance of having cameras in the courtroom in Africa because they say it is South Africa’s legal justice system and that is expected, given  the many Whites that make up its population. They do not, however, feel this is practical across the rest of the continent, neither does it represent Africa’s legal justice system, per se. I think it does  and I do believe that a glimpse into the courtroom and the powerful impact of social media to further amplify the legal justice system on the continent, albeit South Africa’s, can only encourage other African countries like Ghana, Kenya and Nigeria to follow suit. It is my hope and vision to be a part of bringing the legal justice system in Africa, especially through legal drama in the courtroom, to the average African citizen, starting with Nigeria. I hope to communicate through African cinema, among several tools, the access to justice in hopes that it contributes to eradicating a vigilante justice system present in many African societies today. One step at a  time, and one focus at a time, for now.

Happy Friday folks. I’d like to wrap this week with the trial of Oscar Pistorius. There are some differences to point out.

In watching the Oscar Pistorius trial, here are my few observations as a trial lawyer in America.

1. The way the judge is addressed.

In the USA, all judges, regardless of gender, are addressed as “your honor.”

In contrast, in South Africa, ‘My Lord’ refers to a male judge, ‘My Lady’ refers to a female judge. What’s also interesting is that when the attorneys examine witnesses, all witnesses still answer to “My Lady” because all statements are addressed to the judge who is female in this instance.

2. Bench Trial v. Jury Trial

In the USA, a criminal defendant has a constitutional right to a jury trial. In South Africa, the criminal defendant makes his case before a judge. For me, wearing the hat I have had to wear on numerous occasions as a criminal defense lawyer, I don’t know that I want a judge to have that much power over the life of my client. It just seems a bit too powerful, especially in a society with the damaging effects of slavery that continues to linger; even in the hall of justice and courtrooms across the country.

3. Demeanor of Attorneys in the courtroom
In the USA, when attorneys and litigants appear in front of a judge, proper demeanor and etiquette is expected of them. In South Africa, it appears a bit laxer at least in one video that I observed where it appears the prosecutor places his leg on a chair. I am unsure what that was.

4. The Style of Cross-Examination
I think we tend to be more direct and ask poignant close ended questions under cross examination. In South Africa, there is a style of more open ended questions that provides the accused the chance to really narrate or explain things. In the USA, we expect a “yes” or “no” and very minimal, if at all, any explanations on cross.

5. The Placement of Court Support Staff

A courtroom in the USA is designed to delineate the hierarchal structure of power with the clear showing of the power the judge has. So, while the court’s clerk will be seated next to a judge, depending on the design of the courtroom, it certainly is not on the same eye level. In the courtroom shown in this South African court below, it almost seems like the court’s support staff seat on almost eye level with her, with the exemption of one staff below her.

THE CRIMINAL CHARGES AGAINT OSCAR PISTORIUS 

As a reminder, Oscar Pistorius a world famous athlete also dubbed the “blade runner” because he is a double-amputee, is charged with the unlawful and “intentional” murder of his model girlfriend Reeva Steenkamp; and also violating South Africa’s Firearms Control Act. Pistorius claims he thought it was an intruder in his home, hence shooting her. The Prosecutor is trying to establish what would be a case of 1st degree murder here in the USA  i.e. that the murder was premeditated.

In the USA, in most states, we define 1st degree murder as: a) an unlawful killing; b) that is willful (intentional) and premeditated. By premeditated in the USA, we mean that the defendant was planning or “lying in wait” for the victim.

As to the South Africa’s Firearms Control Act, licensed gun owners in South Africa can only possess ammunition specific to their own weapon. Pistorius has admitted he stored ammunition for a gun his father owned.

There is no death penalty in South Africa, instead if convicted, Pistorius could face a life in prison with a minimum of 25years before parole. Also, there are 100 witnesses anticipated.

It is a sad set of facts all around for both families. One thing to note to put things in context for Pistorius is that  South Africa has an insane crime rate. A recent article in the Los Angeles Times captures the grim statistics and the reactions of White South Africans, something Pistorius is using as a defense in his trial:

“South Africa has been captivated by the trial, partly because of the celebrity status of Pistorius, the first athlete to compete in the Olympic Games on prosthetic devices, and his model girlfriend. There is a cable television channel dedicated to covering the case 24/7. But some say there is another reason: South Africans’ fear of crime.

The trial has helped launch a renewed debate here about an enduring problem: One of the highest rates of violent crime in the world, and its connection to race and economic opportunity.

Pistorius has said he was in a state of terror when he opened fire, believing that someone had broken into his house. He has not said whom he feared that someone was. He wouldn’t have to, according to crime novelist Margie Orford.

“The paranoid imaginings of suburban South Africa have lurked like a bogeyman at the periphery of this story for the past year,” she wrote in a newspaper column on the eve of the trial. “It is the threatening body, nameless and faceless, of an armed and dangerous black intruder. .  .

According to an analysis by the Pretoria-based Institute of Security Studies, South African homicide victims are disproportionately young, black (or mixed-race) males. Only 1.8% of victims in 2009 were white, even though whites accounted for 9.6% of the population. About 87.5% of homicide victims were black, with blacks accounting for 79% of the population.

Whites’ fear of crime disrupts ordinary activities, according to a 2012 report by Statistics South Africa. About half of whites are afraid to go to parks and open spaces, compared with 32% of blacks; nearly 35% are afraid to let their children walk to school, compared with 8% of blacks; and 27% are afraid to walk to work, compared with 11% of blacks.” – LA Times

There you have it. Have a great weekend. Catch up with the trial, particularly Pistorius’ testimony and I am hoping to have a new format of AML ready to go within the next week, at best two weeks from now.

Cheers,
Uduak

Photocredit: The Mirror, UK

THE DEFENSE EXAMINES OSCAR PISTORIUS, DIRECT EXAMINATION (Meaning they get the story from Osar Pistorius’ view on what really happened and make him look credible and likable).

Oscar Pistorius Takes the Stand 4/7/2014

Direct of Pistorius 4/8/2014 – Session 1

Direct of Pistorius 4/8/2014 – Session 2

Direct of Pistorius 4/8/2014 – Session 3

Direct of Pistorius 4/8/2014 – Session 4

______________________________

Direct of Pistorius 4/9/2014 – Session 1

Direct of Pistorius 4/9/2014 – Session 3 (2 Not Available)

Direct of Pistorius 4/9/2014 – Session 4

________________________________________________

CROSS EXAMINATION OF OSCAR PISTORIUS (Meaning the Prosecutor pokes holes and takes him to the cleaners, in a rather aggressive yet permitted manner,  to establish their case of “intentional” aka premeditated murder).

Cross Examination of Pistorius by Prosecutor Begins 4/9/2014 – Session 5

Cross of Pistorius 4/10/2014 – Session 1

Cross of Pistorius 4/10/2014 – Session 2

Cross of Pistorius 4/10/2014 – Session 3

Cross of Pistorius 4/11/2014

___________________________________________________
Updated (4/14/2014)

Cross of Pistorius Continues

Cross of Pistorius 4/14/2014 – Session 1

Cross of Pistorius 4/14/2014 – Session 2

Cross of Pistorius 4/14/2014 – Session 3

___________________________________________________
Updated (4/15/2014)

Cross of Pistorius 4/15/2014 – Session 1

Cross of Pistorius 4/15/2014 – Session 2

Cross of Pistorius 4/15/2014 – Session 3

Testimonies of Forensic Pathologist (There have been testimonies of various witnesses since late March when the trial began).

WITNESS

Defense Forensic Pathologist Jan Botha, 4/7/2014

Cross Examination of Jan Botha by the Prosecutor, 4/7/2014

Africa Music Law™

AFRICA MUSIC LAW™ (AML) is a pioneering music business and entertainment law website, livestream and podcast show empowering the African artist and Africa's rapidly evolving entertainment industry through its brilliant music business and entertainment law commentary and analysis, industry news, and exclusive interviews.

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ABOUT THE FOUNDER

Credited for several firsts in the fashion and entertainment industry, Uduak Oduok (Ms. Uduak) is a fashion and entertainment lawyer, speaker, visionary, gamechanger, trailblazer, and recognized thought leader, for her work on Africa’s emerging global fashion and entertainment markets, and the niche practice of fashion law in the United States. She is also the founder of ‘Africa Music Law,’ an industry go-to music business and law blog and podcast show empowering African artists. Her work in the creative and legal industries has earned her numerous awards and recognitions, including an award from the American University Washington College of Law for her “legal impact in the field of intellectual property in Africa." She has also taught as an Adjunct Professor at several institutions in the United States. For more information, visit her at https://msuduak.com.

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