Nevermind Oscar's sentence, is he going to jail erroneously?
Johannesburg - Only days before the public was informed of the Constitutional Court's rejection of Oscar Pistorius' appeal, Newsful discovered a published article on the matter that might have helped him win his case.
The ConCourt's decision effectively sends Mr. Pistorius to jail for the murder of Reeva Steenkamp. His battle to be found innocent of charges pertaining to Ms. Steenkamp's death has seen his case go on for almost three years, each time under the intense spotlight of the media.
Since the article is protected by intellectual property, Newsful may only link directly to it. On Friday, we spent a significant amount of time trying to bring you the article directly, but to no avail.
Why do we believe this is such an important piece of information?
Media coverage has involved legal opinion on sentencing, possible outcomes to expect from the judges involved at every step of Mr. Pistorius' journey to jail and reaction from both parties during the years-long case.
The piece cites case law that provides a compelling argument for Mr. Pistorius' objective. It also touches on the media coverage of the trial.
The article begs the question; was dolus incorrectly applied by the Supreme Court of Appeal? Is there a miscarriage of justice in Mr. Pistorius' case?
In the interest of objective reporting, we requested to republish the article from the Law Society of South Africa. Mapula Thebe, editor of De Rebus -- a legal publication where the article appeared -- explained that intellectual property law prevents Newsful from describing the thoughts or using the words of the author anywhere on our site.
"Copyright in the article vests in the Law Society of South Africa (LSSA). The LSSA does not grant permission for the article to be reproduced on your website. However, you are welcome to link to the article on the De Rebus website should you wish to do so," said Ms. Thebe, De Rebus' editor.
Newsful attempted to speak to the author of the article, but our request was rejected.
"Please note that the views expressed in the article are the opinion of the author and not necessarily of the LSSA or De Rebus.
"Mr. [David] Jesse has confirmed that he does not wish to be interviewed," Ms. Thebe wrote in an email response.
Newsful, is however permitted to link directly to the article, which is what we have done below.
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