Objective evidence should be focused on: Roux
Barry Roux representing murder convict Oscar Pistorius says there is an impression that the Supreme Court of appeal re-considered the merits of the case which he argues is not so.
Roux has been presenting his heads of argument in the North Gauteng High Court.
He says when the SCA converted Pistorius' culpable homicide conviction to one of murder, it was after considering questions of law relevant to dolus eventualis.
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''We say to you my lady that the legal and factual basis upon which this honourable court relied on in position of sentence, remain valid unless different findings apply as a result of the SCA judgement and then only to that extent,'' he said.
Roux said earlier that allowing perceptions to control thought processes gets in the way of objective facts.
''There can never be an appropriate sentence if you believe that he had an argument and he wanted to kill her, then she ran to the toilet and he killed her - which are not the facts. This is not because we don't think that they are the facts but because those facts were absolutely refuted by objective facts not by 'say sos','' he said.
(File photo)