Tuesday, 21 October 2014

The power of judgement



Listening to the summing up in the Pistorious trial, prior to the to the sentence one is struck by the fact that this is but one view of one individual.  Not only is it a single observation but one assumes, fed by a deep fund of experience, not only the legal experience but the life experience which makes us all what we are. What are the life experiences of Judge Thokozile Masipa  which intersperse with the hard facts of the case.
She took time to recall legal presidents dealing with other cases, laying emphasise on the reformative aspect of the sentence. She is going into great detail to explain the reasoning of a reformative sentence. Having given Pistorious the hope that she is going to be lenient she then went on to to demolish the argument that his case had any similarity and said that the number of shots and the lack of any ability to get away ruled out consideration for leniency.
What must Pistorious be thinking as this slow drip drip  monologue is read out, her definitive insistence  of reading out the spelling and the clause sub clause in detail. With bated breath he awaits her decision. 
Five years in jail (10 months 1/6 in actuality) with a three year suspended sentence for a firearm contravention.
It seems to me that taking the life away of a young women and having only 10 months freedom taken away, is a travesty.
After the sentence was read out the Prosecution Lawyer jumped to his feet to raise some obscure point and once more one is struck by the lack of gravitas in this, one of the senior courts in South Africa, dare I say it seemed amateurish.            
The issue of how society views this trial, of how people feel about someone emptying their  gun through a flimsy door, killing someone and yet virtually getting away with it has still to come out. The view of the advocates who were interviewed after the trial seemed to me to be based on protecting the legality of the judgement and of the "process", rather than that of the common man and his common sense attitude to the issue of right and wrong and the appropriate sentence.  The acceptance of the Senior Prison Officers claim that the prisons are properly administered and that Pistorious had nothing to fear in prison, was swallowed hook line and sinker by the Judge, much to the amazement of society who have read many accounts of the bestiality that goes on in the prisons.
I understand that the South African Parliament had been up in arms over the Prison Officers comments and one wonders which world the Judge lives in to accept the bland picture he painted of prison incarceration.
So its over the theatre, the tension and pathos.
He is in the bus thinking of two lives destroyed whilst awaiting his prison garments. I would think he has some apprehension of the struggle ahead as the prison authorities try to live up to their bosses expectation whilst he, in the real world has to exist amongst prisoners who have had no such promise and will feel mightily aggrieved.         

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