Inquest into shooting tragedy

Glenn Boshoff and his family heard and saw intruders at their house in Centurion in 2012. He was inside the bedroom and shot through the door when his little girl, Idie, tried to get into the room to be with her parents. The report says there was disagreement in the National Prosecuting Authority about how the case should be handled. Some prosecutors believed Boshoff should be prosecuted for culpable homicide as he shot through a closed door, as was the case in the Oscar Pistorius matter. Others felt the case should be abandoned on humanitarian grounds as was the case of former Springbok Vleis Visagie who shot his daughter in his driveway of his home, believing she was a thief stealing the car. NPA spokesperson Nathi Mncube said it was decided last week not to prosecute Boshoff outright, but to refer the matter for an inquest. Full report in Rapport (subscription needed)

Meanwhile, Wits Law Professor James Grant claims the judgment in the Pistorius trial is not well reasoned and can be appealed on a question of law. 'In my view... that judgment isn't very well reasoned and I also don't think it would stand up to constitutional scrutiny,' said Grant. However, a report on the News24 site says the state could encounter a 'hurdle' because of the Supreme Court of Appeal case, State vs Seekoei, which limited the state's right of appeal. The 1982 Seekoei case held that the state could not appeal if a conviction was made on a competent verdict. 'It (the Pistorius judgment) was a competent verdict; he was acquitted of murder and convicted on a competent verdict,' Grant said. Grant said that if the NPA could overcome the Seekoei issue and is given the opportunity to appeal, two things could happen. 'The question comes whether the appeal is heard in the SCA restricted to the record - and this would be my preference, it's only fair and right - or whether it is sent back to a different High Court to retry the case entirely.' Grant said prosecutor Gerrie Nel had asked for his advice on whether the state should appeal. 'I can confirm Advocate Nel has consulted me for advice and assistance if he appeals. I have advised that he should appeal and agreed to assist,' he wrote. Full report on the News24 site

Meanwhile the NPA has denied a report that the appeal process will start next month. A report on the IoL site notes Nathi Mncube denied a Sunday Times report that Nel would discuss the matter with National Director of Public Prosecutions Mxolisi Nxasana today. Nxasana would reportedly decide whether to appeal. According to the report, the appeal process was scheduled to start on 3 November. Full report on the IoL site