South African Olympian/amputee runner charged with murder

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Re: South African Olympian/amputee runner charged with murde

Post by LawBeefaroni »

And Masipa will probably remain under police protection for a long time. She just couldn't win on this one.
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Re: South African Olympian/amputee runner charged with murde

Post by silverjon »

Did anyone following this case have much opportunity to actually listen to testimony?

Pistorius was an emotional wreck in everything I heard on the BBC, back during the trial coverage.
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Re: South African Olympian/amputee runner charged with murde

Post by Isgrimnur »

I heard reports that it was to such an extent that there was speculation that he was faking it. He was reportedly vomiting during the proceedings.
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Re: South African Olympian/amputee runner charged with murde

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Re: South African Olympian/amputee runner charged with murde

Post by LawBeefaroni »

After all the testimony, given his propensity to brandish his firearms all over the place, I have to wonder if he actually had say in the infamous Nike ad. Early on I thought it was just a very unfortuanate coincidence that some agency came up with it.

But now... seems like something he would have actually pitched.
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Re: South African Olympian/amputee runner charged with murde

Post by gameoverman »

From what I can tell they never could establish intent. So in essence this case is the same as one where someone is playing with a gun they 'thought' was unloaded and accidentally shot someone else. There have been cases where someone shoots what they thought was a deer and it turned out to be their hunting partner, and yet no one gets convicted of anything. Bottomline, it sucks but that's how the law works.
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Re: South African Olympian/amputee runner charged with murde

Post by LawBeefaroni »

gameoverman wrote:From what I can tell they never could establish intent. So in essence this case is the same as one where someone is playing with a gun they 'thought' was unloaded and accidentally shot someone else. There have been cases where someone shoots what they thought was a deer and it turned out to be their hunting partner, and yet no one gets convicted of anything. Bottomline, it sucks but that's how the law works.
Wasn't the argument that didn't intend to shoot her? Rather he indended to shoot someone/something behind the door but he thought it was an intruder, not her.

I admit I quit about halfway through on this one.
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Re: South African Olympian/amputee runner charged with murde

Post by El Guapo »

LawBeefaroni wrote:
gameoverman wrote:From what I can tell they never could establish intent. So in essence this case is the same as one where someone is playing with a gun they 'thought' was unloaded and accidentally shot someone else. There have been cases where someone shoots what they thought was a deer and it turned out to be their hunting partner, and yet no one gets convicted of anything. Bottomline, it sucks but that's how the law works.
Wasn't the argument that didn't intend to shoot her? Rather he indended to shoot someone/something behind the door but he thought it was an intruder, not her.

I admit I quit about halfway through on this one.
That's my understanding. I believe his story was that he thought his house was being broken into, he thought there was an intruder behind the door, so he shot through the door (not realizing that it was his girlfriend).

So he can't argue that it was an accidentally shooting. He could argue that he didn't intend to kill (though that's a hard sell when you're just shooting through a door), or (better) he could've argued self-defense, depending on whatever South Africa has in terms of a Stand Your Ground law.

I think that's why he wasn't convicted of murder but was convicted of (I think) something like manslaughter.
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Re: South African Olympian/amputee runner charged with murde

Post by silverjon »

He shot at a closed door, and did not actually see who he was shooting at.

So the two sides are that he was lying and intended to murder her and that was just his cover story, or that he did something incredibly stupid and irresponsible and caused her death.
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Re: South African Olympian/amputee runner charged with murde

Post by Isgrimnur »

He's not out of the woods yet.
Oscar Pistorius could have his conviction upgraded from culpable homicide to murder and face a possible 15-year prison sentence, after an appeal application made by state prosecutors was granted.

It means the case, ongoing for almost 10 months, will reopen in South Africa’s court of appeal in Bloemfontein, and be heard by a panel of five new judges.

Granting the application, Judge Thokozile Masipa, who heard the original case, said the appeal made by state prosecutor Gerrie Nel showed that the law applied to the case could be open to a different interpretation. “I cannot say … that the prospect of success at the supreme court of appeal is remote,” Judge Masipa ruled at the High Court in Pretoria. “The application, therefore, in respect of count one is decided in favour of the applicant.”

Oscar Pistorius himself was not present to hear the application. He remains in prison in Pretoria, and will do so for at least another eight months, at which point he will become eligible for parol
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Re: South African Olympian/amputee runner charged with murde

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Recommended for parole
A parole board is set to recommend that the disgraced athlete Oscar Pistorius, convicted in the killing of his girlfriend, be released from prison in August, South Africa's Department of Correctional Services told CNN on Monday.

Pistorius, 28, was sentenced in October to five years in prison for culpable homicide in the killing of Reeva Steenkamp on Valentine's Day 2013. In South Africa, culpable homicide means a person was killed unintentionally but unlawfully.
...
Under South African law, Pistorius must serve at least one-sixth of his sentence -- 10 months -- before being released. The parole board is prepared to recommend that he be released on August 21, 10 months to the day since his sentencing.
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Re: South African Olympian/amputee runner charged with murde

Post by Canuck »

Wow. Kill your girlfriend and spend less than a year in jail for it.
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Re: South African Olympian/amputee runner charged with murde

Post by LawBeefaroni »

Canuck wrote:Wow. Kill your girlfriend and spend less than a year in jail for it.
Be Oscar Pistorius in South Africa and serve the minimum.
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Re: South African Olympian/amputee runner charged with murde

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LA Times
Prosecutors against Oscar Pistorius filed papers at South Africa's Supreme Court of Appeal on Monday, looking to have his culpable homicide conviction upgraded to murder.

The move comes four days before the double-amputee Olympic runner is expected to be released from prison into house arrest after serving 10 months of the five-year sentence he received for killing girlfriend Reva Steenkamp.
...
A November hearing is scheduled, with Pistorius' team having until Sept. 17 to file a response.

In the meantime, Pistorius will likely be staying in his uncle's mansion under house arrest.

According to CNN, Pistorius' sentence came under a specific section of the Criminal Procedure Act that says a prisoner can be placed on corrective supervision at the one-sixth mark of a sentence due to overcrowding and underfunding of prisons.

It was announced in June that Pistorius would receive such treatment starting Friday because of good behavior.
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Re: South African Olympian/amputee runner charged with murde

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Released to house arrest
Oscar Pistorius is to be released from prison next week and moved to house arrest, after the South African parole board decided to free the South African Paralympian from custody and into “correctional supervision.”
...
The department added that Pistorius will be under correctional supervision as of Tuesday until Oct. 20, 2019.
...
He was initially approved to be released Aug. 21 after serving 10 months of his five-year manslaughter sentence, a fairly common procedure in South Africa for offenders sentenced to five years or less.

But the justice minister intervened two days before Pistorius was to leave prison and ordered a review on a legal technicality, saying the parole board met two months too early.
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Re: South African Olympian/amputee runner charged with murde

Post by Max Peck »

Oscar Pistorius verdict changed to murder
Olympic athlete Oscar Pistorius has been found guilty of murder after a South African appeals court overturned an earlier manslaughter verdict.

He killed his girlfriend Reeva Steenkamp in February 2013 after shooting her four times through a locked toilet door. He is currently under house arrest after spending one year of his original five-year sentence in jail. Pistorius will have to return to court to be re-sentenced, for murder.

It was earlier incorrectly reported that the court had ruled the manslaughter verdict would remain.

South Africa's Supreme Court of Appeal ruled that the lower court did not correctly apply the rule of dolus eventualis - whether Pistorius knew that a death would be a likely result of his actions. The minimum sentence for murder is 15 years but judges can apply some discretion. South African law does not make provision for someone to be placed under house arrest for more than five years, so Pistorius will be going back to prison, reports the BBC's Pumza Fihlani in Johannesburg.
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Re: South African Olympian/amputee runner charged with murde

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Good riddance. His explanations never sounded convincing in the slightest.
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Re: South African Olympian/amputee runner charged with murde

Post by LawBeefaroni »

Well, that's something.
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Re: South African Olympian/amputee runner charged with murde

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Appeal
Oscar Pistorius filed an application to South Africa’s Constitutional Court to appeal his murder conviction for killing his girlfriend Reeva Steenkamp on Valentine’s Day in 2013, his lawyer said.
...
The Paralympic gold medalist could face a 15-year jail term if the appeal is unsuccessful. He was granted 10,000 rand ($600) bail and ordered to remain under house arrest after the Dec. 8 conviction. The athlete has been serving part of his previous five-year sentence for culpable homicide at his uncle’s home.
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Re: South African Olympian/amputee runner charged with murde

Post by Isgrimnur »

Playing for sympathy:

Image
Oscar Pistorius reached out a hand to steady himself as he walked across the South African High Court room on the stumps of his amputated legs.

Lawyers for the former track star, nicknamed "blade runner" for his speed and double-prostheses, are trying to demonstrate that Pistorius is severely disabled and deserves a more lenient murder sentence than the 15-year minimum term for killing his girlfriend, Reeva Steenkamp, on Valentine's Day 2013.

Under South Africa's sentencing rules, minimum sentences can be reduced under special circumstances, at the discretion of the judge.

Pistorius, who sobbed during Wednesday's hearing, was acquitted of murder but convicted of culpable homicide in 2014 for shooting Steenkamp multiple times through a bathroom door. Prosecutors appealed the conviction, and an appeals court found him guilty of murder. Pistorius appealed and was denied earlier this year. He was released on bail last year, and has been living under house arrest while he awaits sentencing.

In the sentencing hearings this week, defense lawyer Barry Roux has focused on his client's mobility and fame. On Wednesday, he called Pistorius a "broken man," and said Pistorius is not the "strong, ambitious" person he is perceived to be. He also said the Olympic runner has made a "series of enemies" over the course of his legal saga.
...
A clinical psychologist, Jonathan Scholtz, testified that Pistorius suffers from both depression and post-traumatic stress disorder. Chief prosecutor Gerrie Nel pointed out on cross-examination that although Pistorius said he could not testify at the hearing because of psychological problems, he did recently give a TV interview.
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Re: South African Olympian/amputee runner charged with murde

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Wait what? He was acquitted of murder and found guilty of culpable homicide and when he appealed that they found him guilty of murder? What kind of country is that?
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Re: South African Olympian/amputee runner charged with murde

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South Africa.
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Re: South African Olympian/amputee runner charged with murde

Post by GreenGoo »

NIKE must be thrilled that he showed up in court wearing full Nike gear.

Also, who wears spandex racing shorts to court?

I found his testimony (not the actual testimony, just the script of it) pretty unconvincing from the get go.
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Re: South African Olympian/amputee runner charged with murde

Post by silverjon »

GreenGoo wrote:Also, who wears spandex racing shorts to court?
I have a friend who was a court reporter ("was" because professional journalists are an endangered species) and... probably more people than you'd think. Also, full camouflage, and novelty message T-shirts.
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Re: South African Olympian/amputee runner charged with murde

Post by GreenGoo »

silverjon wrote:
GreenGoo wrote:Also, who wears spandex racing shorts to court?
I have a friend who was a court reporter ("was" because professional journalists are an endangered species) and... probably more people than you'd think. Also, full camouflage, and novelty message T-shirts.
No doubt. I would think murder/manslaughter trials/appeals would make most people reconsider their wardrobe, but I have zero experience in this area.

So far.
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Re: South African Olympian/amputee runner charged with murde

Post by Xmann »

silverjon wrote:
GreenGoo wrote:Also, who wears spandex racing shorts to court?
I have a friend who was a court reporter ("was" because professional journalists are an endangered species) and... probably more people than you'd think. Also, full camouflage, and novelty message T-shirts.
Last year I finally got called to jury duty and I was shocked at how people came dressed.

The letter i received prior to arriving that morning specifically stated what to and not wear. I was business casual with khaki and polo shirt. There were numerous athletic shorts, jean shorts, levi's, sneakers, sandles, camouflage, etc etc etc.

Worse yet is that the court did nothing for those dressed inappropriate.

Hence, doesn't surprise me how he was dressed.
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Re: South African Olympian/amputee runner charged with murde

Post by Isgrimnur »

What are they going to do, throw him in jail?
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Re: South African Olympian/amputee runner charged with murde

Post by Kasey Chang »

Those who dig real crime podcasts should check out Jim Clemente's podcast "Real Crime Profiles". They just got on the Pistorious case.

https://www.facebook.com/Real-Crime-Pro ... 233613178/

Jim Clemente is a retired prosecutor / FBI profiler and is currently consulting for the hit TV series Criminal Minds.
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Re: South African Olympian/amputee runner charged with murde

Post by Canuck »

What a weasel. Dressed like that and showing off his disability. Anything to get out of his punishment. I hope they throw the book at him.
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Re: South African Olympian/amputee runner charged with murde

Post by Jeff V »

Daehawk wrote:Wait what? He was acquitted of murder and found guilty of culpable homicide and when he appealed that they found him guilty of murder? What kind of country is that?
So much of our legal system is FUBAR because the appeals process at worst has no effect and as often as not results in a improved verdict for the guilty. A system that works both ways and introduces the possibility of a worse outcome would help unburden the court system.
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Re: South African Olympian/amputee runner charged with murde

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Daehawk wrote:Wait what? He was acquitted of murder and found guilty of culpable homicide and when he appealed that they found him guilty of murder? What kind of country is that?
He wanted a new trial, he got one. It just didn't go well for him.

Jim Clemente and co-host Laura Richards (of New Scotland Yard and Paladin antiabuse network) went over the case and revealed how Pistorious, much like OJ Simpson, is basically a controlling SOB who can't allow a woman to outshine him, even one as bright and up-and-coming as Reeva Steenkamp, who's got both looks AND smarts (she has a law degree!). He killed her because he can't control her, and he was trying to get away with murder. They released the crime photos... He's COVERED in blood, and not the transfer one get by hugging a dead bleeding bloody either. The "intruder" is bull****. She tried to get away and hid in the restroom, and he shot her through the door.

http://heavy.com/news/2016/06/reeva-ste ... ncensored/
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Re: South African Olympian/amputee runner charged with murde

Post by LawBeefaroni »

Kasey Chang wrote:
Daehawk wrote:Wait what? He was acquitted of murder and found guilty of culpable homicide and when he appealed that they found him guilty of murder? What kind of country is that?
He wanted a new trial, he got one. It just didn't go well for him.

Jim Clemente and co-host Laura Richards (of New Scotland Yard and Paladin antiabuse network) went over the case and revealed how Pistorious, much like OJ Simpson, is basically a controlling SOB who can't allow a woman to outshine him, even one as bright and up-and-coming as Reeva Steenkamp, who's got both looks AND smarts (she has a law degree!). He killed her because he can't control her, and he was trying to get away with murder. They released the crime photos... He's COVERED in blood, and not the transfer one get by hugging a dead bleeding bloody either. The "intruder" is bull****. She tried to get away and hid in the restroom, and he shot her through the door.

http://heavy.com/news/2016/06/reeva-ste ... ncensored/
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Re: South African Olympian/amputee runner charged with murde

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Sentenced
Oscar Pistorius has been sentenced to six years’ imprisonment for the murder of Reeva Steenkamp in 2013.

Judge Thokozile Masipa said there were “substantial and compelling circumstances” that meant he should not serve the 15-year minimum sentence for murder.

Masipa said the continuing misperception that Pistorius had intentionally killed Steenkamp was something the court had a duty to correct “to prevent unjustified outrage from the public”
...
In an hour-long judgment, she said:
The life of the accused will never be the same … He is a fallen hero, who has lost his career, and been ruined financially. He cannot be at peace.
But she rejected the defence argument that Pistorius ought to be hospitalised or serve a non-custodial punishment, saying the sentence ought to be "unpleasant, uncomfortable and painful."

Masipa said the mitigating factors – that he was vulnerable on his stumps, believed there was an intruder, tried to save Steenkamp’s life and was, in the judge’s view, genuinely remorseful – “outweighed” the aggravating factors, which she listed as using a lethal weapon, with high-grade ammunition, firing four times with no warning shot, and “knowing full well” there was someone inside the toilet cubicle.

The murder of Steenkamp was not, she said, a case of gender violence:
There is no indication at all that the deceased was in an abusive relationship.
...
The defence team said it would not appeal against the sentence. The state has not yet said whether it intends to appeal on the grounds the sentence was too lenient (Pistorius’ sentence for his original conviction for culpable homicide was five years). The state has 14 days to decide.
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Re: South African Olympian/amputee runner charged with murde

Post by Max Peck »

Who'da thunk that the same judge who went easy on him the first time would be so lenient again?
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Re: South African Olympian/amputee runner charged with murder

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Oscar Pistorius jail term for killing Reeva Steenkamp more than doubled
A South African court has increased Olympic athlete Oscar Pistorius's jail sentence for killing his girlfriend to 13 years and five months.

Prosecutors had argued that the six-year term for murdering Reeva Steenkamp was "shockingly light".

Ms Steenkamp's parents were "emotional" as they watched the ruling at home on TV, a spokeswoman said.

"They feel there has been justice for Reeva. She can now rest in peace," Tania Koen told Associated Press.

"But at the same time, people think this is the end of the road for them... the fact is they still live with Reeva's loss every day," Ms Koen said.

Oscar Pistorius claimed he shot dead Ms Steenkamp on Valentine's Day in 2013 after mistaking her for a burglar.

The Supreme Court of Appeal in Bloemfontein has now given Pistorius the minimum 15 years prescribed for murder in South Africa, less time already served.

The lower court had justified the six-year sentence by citing mitigating circumstances such as rehabilitation and remorse. It said they outweighed aggravating factors such as his failure to fire a warning shot.
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Re: South African Olympian/amputee runner charged with murder

Post by Kasey Chang »

Two real profilers on the podcast Real Crime Profile had gone through all the public evidence in the case. It's fairly obvious what really happened was he chased her around the house, she hid inside the restroom, and when she refused to come out, he fired through the door, killing her, then came up with the bogus "burglar" story to cover up his murder.

http://wondery.com/wondery/shows/realcrimeprofile/

Scroll down to episode 21 and episode 27
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Re: South African Olympian/amputee runner charged with murder

Post by Isgrimnur »

NPR
Eight years after he shot dead his girlfriend, Olympic runner Oscar Pistorius is up for parole, but first he must meet with her parents.
...
Also, Barry and June Steenkamp want a face-to-face meeting with Pistorius before he is considered for early release from prison, as is their right under South Africa's victim-offender dialogue policy. The Steenkamps have previously said they want to challenge Pistorius on why he shot their daughter and they would get to do that, with victim-offender meetings aimed at achieving some kind of closure for families of victims of crimes.
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Re: South African Olympian/amputee runner charged with murder

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CNN
Disgraced South African Paralympic sprinter Oscar Pistorius has been denied parole, the lawyer for Reeva Steenkamp’s parents told CNN Friday.

“I can confirm that the parole board has made the decision, parole has been denied and they will be convening in a year’s time to consider Oscar Pistorius for parole again,” Tania Koen told CNN after the parole hearing.

Pistorius was approved for parole consideration after serving more than half of his 13-year sentence. But Steenkamp’s parents opposed an early release, their lawyer Tania Koen told CNN ahead of the parole hearing which took place in the Pretoria prison where he is serving his sentence.
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Koen said Pistorius has told “various versions” of what happened and has “never clarified” why he shot the “final shot” which killed Steenkamp.
It's almost as if people are the problem.
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LawBeefaroni
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Re: South African Olympian/amputee runner charged with murder

Post by LawBeefaroni »

Now set to be released in January.
A parole board found Friday that Pistorius, 37, had completed the minimum detention requirement — half of his 13-year sentence — to make him parole-eligible under South African law.

His release date is set for Jan. 5, 2024

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The athlete made a parole bid in March, but was denied, with the board saying then that he'd failed to complete the minimum detention period. A court later ruled that was a mistaken calculation, leading to Friday's hearing at the Atteridgeville Correctional Center just outside of Pretoria.
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Unagi
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Re: South African Olympian/amputee runner charged with murder

Post by Unagi »

I feel so bad for her family. What a mockery of justice.
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