Oscar Pistorius's Fear of Crime Claim Under Spotlight During Murder Trial

PRETORIA—A South African prosecutor Friday sought to dismantle a central plank ofOscar Pistorius's defense that he shot and killed his girlfriend because he thought she was a burglar in his bathroom.

Capping a week of testimony by Mr. Pistorius, prosecutor Gerrie Nel engaged the double-amputee track star in a set of terse exchanges about the final moments before he fired four times through the closed bathroom door, killing 29-year old Reeva Steenkamp. A weary Mr. Pistorius said he thought his life was in danger because of high crime in the area. Mr. Nel was incredulous, and insisted Mr. Pistorius sought to kill his girlfriend in a fit of rage.

"Is it reasonable for an intruder to run into a toilet and close the door?" Mr. Nel asked.

"It was a possibility," the 27-year-old runner replied.

"It's so far-fetched," Mr. Nel responded. "You knew that Reeva was behind the door, and you shot at her. That is the only thing that makes sense."

Mr. Pistorius took the stand to defend himself on Monday after a month of testimony from witnesses for the prosecution, who painted a portrait of a quick-tempered and impulsive star athlete who shirked responsibility for his actions. After his cross-examination is complete, the defense will call witnesses who are expected to support Mr. Pistorius's claims that he was a fearful of his safety in a country with a high rate of violent crime.

The trial is scheduled to run through May 16.

The case has become a cultural touchstone in South Africa, largely because it combines national obsessions with crime and police competence with the fame of Mr. Pistorius and the glamour of Ms. Steenkamp. The murder trial continues to lead news programs and newspapers, even as a national election approaches early next month.

Prosecutors have charged Mr. Pistorius with premeditated murder, alleging that he shot Ms. Steenkamp after an argument overheard by some of his neighbors from his gated community in Pretoria. If convicted Mr. Pistorius could be sentenced to life in prison

Earlier Friday, Mr. Nel asked Mr. Pistorius how often he had reported crimes at a police station or been a victim of crime at his Pretoria home. Never, he said. Mr. Pistorius then added: "except the watches stolen by police" during their investigation after Ms. Steenkamp was killed.

Former police colonel Schoombie van Rensburg, who oversaw work at the crime scene, testified last month that at least one watch went missing during the investigation. He said the investigation is continuing.

Mr. Pistorius said Friday that he didn't trust the effectiveness of South African police enough to report several instances of crime against him in recent years.

Under questioning from Mr. Nel, he also said that police must have moved items in his bedroom, including a fan and a duvet. Crime-scene photos shown in court on Friday showed those items in different positions from his recollection of how things stood in the moments before he shot Ms. Steenkamp.

The prosecutor also challenged Mr. Pistorius's statement that he turned his burglar alarm off to let police and paramedics into his home in a gated community. Under a barrage of questions, the athlete said he didn't remember disabling it, but "must have" done so.

Judge Thokozile Masipa made a rare interjection, asking Mr. Pistorius if he was too tired to recall things clearly. Mr. Pistorius said he had simply made a mistake and could continue.

FBI Agent on Trial commits suicide

The apparent suicide of a Federal Bureau of Investigation agent testifying in the criminal trial of the president of a failed Idaho real-estate firm has created a difficult situation for the judge overseeing the case.

Following the death of FBI Special Agent Rebekah Morse, U.S. District Court Judge B. Lynn Winmill had to figure out how to instruct the jury that’s now deliberating whether to convict Douglas Swenson and others of fraud and conspiracy charges related to the now-bankrupt DBSI Inc.

Ms. Morse, the lead FBI investigator in the case, testified for the prosecution on March 18 and 19, court papers show. The second day, a juror told the court that while the judge was conferring with attorneys in the case, the juror had spotted Ms. Morse texting on the witness stand.

Judge Winmill said the juror’s comment couldn’t be ignored because it raised a “troubling possibility”—that jurors who had seen Ms. Morse texting on the stand might believe she was being coached during her testimony.

The judge wrote that he asked Ms. Morse about the texting, under oath and without the jury present. He said she responded that she was merely going to turn off her phone “to ensure that it didn’t distract me or make any noise.” She also specifically denied texting anyone. With that, Judge Winmill said he brought the jury back to the courtroom and informed them that he was “satisfied” that she wasn’t using her phone to communicate with anyone but had simply turned off the phone.

But the judge says further reflection led him to wonder whether the juror had spotted Ms. Morse on her phone multiple times. He raised the issue with Ms. Morse, took possession of her cell phone and directed her to return for testimony the following day, March 20. But that morning, Ms. Morse, whose phone records showed she had texted her husband while on the witness stand, was found dead of a self-inflicted gunshot wound. She was 34.

“Her death was devastating,” Judge Winmill wrote.

”A storm of emotion broke over all involved in this trial and drove the proceedings into uncharted waters. Her answers to the Court’s inquiry will now never be explained. The jury has been instructed that what they saw with their own eyes—texting—did not occur, when in fact it did occur. The Court must correct that inaccurate instruction. The Court must also determine how far it will go in recognizing the defendants’ rights under the Confrontation Clause to impeach a key Government witness while at the same time avoiding the morass of a mini-trial over text messages.”

Judge Winmill’s ultimate conclusion, the subject of this April 8 court order, is to issue a new instruction to the jury:

“The Court inquired of Special Agent Morse under oath about texting during a sidebar, and she stated that she was turning off her phone and was not texting. It has now been determined that Special Agent Morse sent four text messages and received four text messages during a sidebar. The text messages were between her and her husband. You may consider these facts in assessing Special Agent Morse’s credibility.”

According to court papers, Ms. Morse in the texts complained about being “[s]till on the stand” and how her testimony is “never going to end.” Her husband texted her, “How is it going?” to which the filing says she responded: “I fu—- up once I will get reemed for it I’m sure.”

Defense attorneys wanted the jury to read the content of Ms. Morse’s texts, arguing that it appears she was questioning her testimony. But Judge Winmill has declined to do so, reasoning that it wouldn’t be fair to present such information without knowing for sure what the texts meant.

“Any attempt by the defendants to infer some meaning would be utter speculation. Allowing that would be profoundly unfair to the Government because it has no way to explain what Special Agent Morse meant,” the judge wrote.

The jury instructions issued, deliberations are underway in the long-running criminal trial. Mr. Swenson and others were indicted last year on charges that they “essentially operated” DBSI like a Ponzi scheme, using new investor money to pay old investors. Mr. Swenson and others allegedly held DBSI out to be a profitable company when it fact it was “universally unprofitable.”

Mr. Swenson and the other defendants have pleaded not guilty to the charges. Their attorneys have argued at trial that the company was a victim of the economic downturn.

DBSI filed for bankruptcy protection in 2008. Two years later, the bankruptcy court approved a payment plan that promised pennies on the dollar to some creditors while others went unpaid.

U.N. Ambassador Wants Texting-While-Driving Bans to Go Global

U.S. Ambassador to the U.N. Samantha Power wants America’s crackdown on texting-while-driving to go global.

In a speech before the U.N. General Assembly, Ms. Power on Thursday touted a “road safety” resolution the U.S. co-sponsored that urges other nations to enact legislation to curb “inappropriate use of cell phones, including texting while driving.”

“Too many drivers simply don’t understand the danger of taking their eyes, even briefly, from the road,” Ms. Power said. “And while drinking is episodic, the use of hand-held devices is chronic. No one should die – or kill – because of a text message.”

The resolution, which was adopted by the General Assembly, “encourages Member States to consider enacting comprehensive legislation on key risk factors for road traffic injuries, including … inappropriate use of cell phones, including texting while driving.”

in America, 43 states, as well as the District of Columbia, have banned text messaging for all drivers, according to the National Conference of State Legislatures. Thirty-seven states and D.C.  have also banned all cell phone use by novice or teen drivers

Aggrieved Ex-Militants Sue Kuku Over Amnesty Programme

In a bizarre turn of events, scores of aggrieved former Militant Youths from Bayelsa and Delta States Thursday approached the Federal High Court sitting in Yenagoa seeking an order compelling the Special Adviser to the President on Niger Delta Affairs and Chairman of the Amnesty Implementation Committee, Kingsley Kuku and the Amnesty Committee to honour an agreement reached with the Federal Government for their inclusion in the Amnesty programme.

The suit is coming four years after participation in the programme was closed by the federal government.

The youths in the Suit FHC/YNG/123/2014 filed before the Justice Lambo Akanbi, claimed that they were former militants that had accepted Amnesty under the Third Phase and surrendered their weapons to the Federal Government through the Amnesty Office in 2011 under the Peace Initiative of the Federal Government.

But claimed that the Amnesty Committee erred by refusing to include them in the ongoing amnesty programme after series of resolutions from meetings with the past and present National Security Advisers to the President, Late General Owoye Azazi and Col. Dasuki Sambo respectively

Money Laundering : EFCC Floors Igbinedion as Appeal Court Okays Ex-Gov’s Trial

The Court of Appeal Benin City has upheld the appeal of the Economic and Financial Crimes Commission as it ruled that a former governor of Edo State, Chief Lucky Igbinedion,  has a case to answer over allegations of financial impropriety.

In a unanimous decision, the three panel of  justices led by Justice Helen M. Ogunwunmiju ruled that the former governor should return to the Federal High Court to face trial for money laundering, misappropriation of fund and abuse of office.

The other justices are Justice M. M. Saulawa and Justice A. O. Lokulo-Sodipe.

The EFCC approached the Court of Appeal sequel to the judgment of Justice Adamu Hobon, then of the Federal High Court, Benin City who dismissed the fresh charge of money laundering filed against the former governor on the ground that he entered a plea bargain with the EFCC and was convicted, that the fresh charge brought against him amounts to double jeopardy.

The appellate court in upholding the appeal of the EFCC ruled that there was no agreement between Igbinedion and the EFCC that he would not face trial on fresh allegations and revelations and therefore ruled that Igbinedion should return to the High Court to face trial for money laundering and misappropriation of funds.

Governor Pardons Condemned Criminal 18 Years after Conviction

Following intensive advocacy efforts made by Avocats Sans Frontieres France (ASF France), the Governor of Kogi State, Captain Idris Wada, has granted amnesty to Mr. Lasisi Yusuf, a 67-year-old convict who had been on death row in Kaduna Prison for nearly 18 years.
A statement issued by ASF's Communications Officer, Esther Akpa  Eleojo Esther, said Lasisi, a Kogi State indigene, was arrested over charges of culpable homicide and was sentenced to death in 1996 by the High Court of Justice in the state.

He was transferred to Kaduna Prison in 1997 and had been on death row since then.
Lasisi’s case was taken up by ASF France through the medium of its Saving Lives (SALI) project targeted at promoting international standards on human rights in Nigeria generally and, the restrictive pronouncement of capital punishment and abolition of death penalty specifically.

Other detainees released from incarceration owing to the legal intervention of ASF France include Zuwaira Tukur, Fatima Haruna and Mohammed Isyaku, all of whom were also convicted of capital offences in Kaduna State.

The statement read: "Statistics collated for 2013 alone show that over 140 death sentences were handed down in Nigeria bringing the total figure of those on death row so far to approximately 1,200.

"A total of 140 detainees on death row in Nigeria are currently benefitting from the free legal services being offered by ASF France on the platform of the SALI project."
Reacting to the pardon, ASF's official,  Angela Uwandu, said: “What we are aiming for is the protection of the rights of humans whether they are inmates in prison or citizens on the street."

She commended Wada for the decision which she described as a sterling example for others who have such powers to emulate.

"ASF France is determined to continue its objective of contributing to the legislative and legal changes towards a restrictive application of capital punishment in Nigeria," she added.

Pistorius defends self at trial

Prosecutors have pressed South African sprinter Oscar Pistorius to clarify his claim that his home alarm was switched off the night he shot his girlfriend.
Pistorius initially said his alarm “must have been switched off”, but in court was more certain, saying: “I turned the alarm off.”
Prosecutor Gerrie Nel accused him of lying, but the Olympic athlete blamed tiredness for the discrepancies.
Pistorius, 27, admits killing Reeva Steenkamp but says it was an accident.
The sprinter has insisted in court in Pretoria that he shot Steenkamp on February 14 last year after mistaking her for an intruder.
During the first set of questions on Friday, Nel repeatedly pressed Pistorius as to why his testimony in court did not match his earlier statement, asking him: “Are you too tired to continue?”
“I don’t need time. I’m tired. That’s not going to change,” Pistorius replied.
Nel then said: “I think you’re trying to cover up for lies. I’m not convinced by your answers.”
The judge intervened and asked Pistorius to clarify that he was not too tired to carry on.
The prosecutor moved on to a discussion of events in the athlete’s past, before returning to Pistorius’ account of the night Steenkamp was killed.
On Thursday, Pistorius said he had not intended to pull the trigger, even to fire at an intruder, and could not explain why he fired four shots through a toilet cubicle door.
“I didn’t have time to think about it,” he said in a trembling voice.
Nel, known as the “bull terrier” in South Africa for his fierce questioning, set out what the prosecution believed happened in the early hours of February 14, 2013 in Pistorius’ Pretoria home.
He said the two had an argument in the bedroom, and Steenkamp ran screaming into the toilet.
The chief prosecutor showed a police photograph of the bedroom, taken three hours after the shooting, which he said contradicted Pistorius’ account of where various items – including electric cooling fans and a duvet – had been placed at the time of the shooting.
“Your version is a lie,” Nel said – something the defendant denied.
Nel also suggested Pistorius was only concerned about himself during the couple’s three-month relationship.
“It was all about you, Pistorius,” he said, repeatedly.

Court adjourns judge’s suit against NJC to May 5

An Abuja Federal High Court on Thursday adjourned hearing till May 5 in a suit filed by Justice Peter Agumagu, Rivers Chief Judge, challenging his suspension by the National Judicial Council.
Justice Adeniyi Ademola fixed the date after listening to the submissions of Agumagu’s counsel, Mr. Akin Olujinmi (SAN), and Jimoh Lasisi (SAN), NJC’s counsel.
Agumagu sued the NJC for suspending, querying and threatening to sack him for accepting to serve as Rivers Chief Judge on March 18.
The NJC is joined as co-respondents in the suit with Justices Babatunde Adejumo, Jubril Idris and Comwell Idahosa, chairman and members of the panel set up to investigate allegations against Agumagu.
The council had on March 27 announced Agumagu’s suspension, noting that his appointment and swearing-in on March 18 did not comply with Section 271 of the 1999 Constitution.
Adejumo (second respondent) notified the court that he had not been served with the court processes by the applicant.
“My lord, we cannot make any meaningful contribution before you now; we have to be served with the originating summons first,’’ he said.
He said that he only got to know about the suit through a letter written by the applicant to the NJC.
Responding, Olujinmi said he served Adejumo, together with the NJC, through the NJC’s office but the second defendant insisted that he ought to have been served as an individual, not by proxy.
Olujinmi, therefore, requested to serve the second defendant in court, a request to which he was obliged and the service
was done accordingly.
It will be further recalled that Agumagu had asked the court to restrain the investigation panel from taking any further step
in respect of his case until the determination of the substantive suit.
He also urged the court in the suit, numbered FHC/ABJ/CS/253/2014, to grant him an order of certiorari (judicial review to quash) the query and letter of suspension from office’’.
He also asked for an order “quashing the minutes of the decisions reached by the first respondent (NJC) at its emergency meeting of March 26, 2014’’ concerning him.
The News Agency of Nigeria (NAN) recalls that in spite the suspension, Agumagu is still occupying the seat and the Rivers Government insists that the suspension is illegal and unconstitutional.

Power outage stalls hearing in Sanusi’s case

Power outage at the Federal High Court Complex in Ikoyi, Lagos, on Friday, stalled hearing in a suit filed by suspended Central Bank Governor, Sanusi Lamido Sanusi.
Sanusi is seeking an order of the court to stop the Financial Reporting Council of Nigeria (FRCN) from investigating him.
The trial judge, Justice James Tsoho, therefore, adjourned the case to April 17, for hearing.
The News Agency of Nigeria (NAN) reports that the court, following persistent cuts in public power supply, had relied solely on generating sets.
The generators could, however, not supply power to the 10 courtrooms, a situation that forced several courts to adjourn cases earlier listed for hearing.
NAN also reports that counsels to the plaintiff and defendants were in court.
Sanusi had filed the suit through his counsel, Mr Kola Awodehin (SAN), seeking a declaration that the conduct of FRCN, actions and decision is ultra vires.
Other prayers include: “A declaration that the defendant’s recommendation regarding the plaintiff in briefing note dated June 7, 2013, that he be removed from office as CBN of Governor, were ultra vires under the FRCN Act 2011.
“A declaration that the proposed investigation as advertised in the Punch newspaper of March 24, in the circumstance of having reached a conclusion in the briefing note of June 2013, before embarking on the investigation, is tantamount to a breach of natural justice.
“A declaration that the defendant do not have the power to conduct investigation as advertised in the newspaper.”
Sanusi also sought for an order restraining the defendants or their privies, under its authority, or pursuant to the FRCN Act, from conducting and continuing with any investigation or inquiry as advertised.
He also asked the court to order the setting aside or nullification of any report, conclusion or recommendation, based on any investigation conducted by FRCN, as advertised in the Punch Newspaper.
NAN reports that the defence had filed a preliminary objection challenging the jurisdiction of the court to hear the suit.
NAN recalls that the trial judge had ruled that he would hear the defendant’s objection and the plaintiff’s motion together.
Tsoho had ordered that the status quo as at the time of instituting the suit be maintained until the suit is determined.

Abacha’s son charged with keeping stolen N446b

The Federal Government has filed a new charge against the son of the late General Sani Abacha, Mohammed, accusing him of unlawfully receiving about N446.3billion allegedly stolen from government’s coffers between 1995 and 1998.

Mohammed is, in the charge of nine counts, accused of “dishonestly receiving stolen property” and “voluntarily assisting in concealing money.” The charge replaced the earlier one of 121 counts in which Mohammed was charged with Atiku Bagudu, who is excluded from the fresh charge.

According to the new charge, Mohammed concealed 141,100,000 pounds sterling and $384,353,000 in cash and travellers cheques.

The charge, dated February 24, 2014 was filed by a private prosecutor, Daniel Enwelum, who is prosecuting the case on behalf of the Federal Government and upon a fiat dated February 18, 2014, issued to him by the Attorney General of the Federation.

Mohammed’s absence in court stalled his planned arraignment yesterday before Justice Mamman Kolo of the High Court of the Federal Capital Territory.

Enwelum told the court that even when Mohammed had been served with the charge, with evidence to that effect contained in a sworn affidavit by the court’s bailiff, the accused person refused to attend court for him to be arraigned.

He said the new charge, which excludes Bagudu, who was charged with Mohammed, was filed pursuant to Section 181 of the Criminal Procedure Code (CPC) as an amendment to the earlier charge.

Enwelum urged the court to accept the fresh charge and deemed the receipt of the charge by the defence lawyer, on behalf of the accused person, as proper service. He said the lawyer, Abdulllahi Haruna, promised to receive the charge for his client.

Haruna said Mohammed was absent in court because he was not aware of the new charge. He urged the court to adjourn the case to a further date to enable his client attend court.

Bagudu’s lawyer, Rickey Tarfa (SAN), urged the court to grant an order discharging his client in view of the prosecution’s decision to exclude him from the new charge.

Enwelum, in reaction to Tarfa’s application, argued that it was unnecessary for the court to made a specific order discharging Bagudu from the charge since the government has already excluded him from the amended charge.

Justice Kolo allowed the amended charge. He also granted an order discharging Bagudu from the charge and adjourned the hearing till April 29 for Mohammed’s arraignment.

In count one, Mohammed is alleged to have between August and December 1995 at Abuja, dishonestly received $36,480,000.00 made up of cash and travellers cheques, property of the Federal Government, believed to have been stolen.

Count two alleges that Mohammed, between August and December 1995 in Abuja, voluntarily assisted in concealing $57,960,000.00 believed to have been stolen from the Federal Government. Count three alleged that he, between October and December 1996 at Abuja, dishonestly received $26,913,500.00 believed to have been stolen from the Federal Government.

The prosecution alleges in count four that Mohammed, within the same time, voluntarily assisted in concealing $26,913,500.00 allegedly stolen from the Federal Government. Count five alleged that he, sometime in June 1997 at Abuja, dishonestly received $10,000,000.00 believed to have been stolen from the Federal Government.

He is, in count six, said to have, between February and December 1997 dishonestly received $87,000,000 and 41,143,000 pounds sterling believed to have been stolen from the Federal Government. Count seven accuses Mohammed of voluntarily assisting in concealing the amounts mentioned in count six.

In count eight, Mohammed is accused of dishonestly receiving, between January and August 1998, $167,000,000 and 99,957,000 pounds sterling, believed to have been stolen from the Federal Government. Count nine accuses him of voluntarily assisting in concealing the amount mentioned in count eight.

The alleged offences are punishable under sections 317 and 319 of the Penal Code.