Friday, 12 September 2014

Murder trial: Oscar Pistorius learns fate today

Oscar Pistorius on Thursday wept in court as he was cleared of the
murder of his girlfriend Reeva Steenkamp, Skysports reports.

But the paralympian will today find out whether he is guilty of manslaughter.

Judge Thokozile Masipa told Pretoria High Court there was 'no doubt'
when Pistorius fired his gun 'he acted unlawfully', and she will rule
whether he is guilty of the lesser charge – known as culpable homicide
in South Africa – over the 29-year-old model's death.

At the end of Thursday's hearing, she found the athlete had acted
'negligently, 'too hastily' and used 'excessive force' while failing
to take steps to avoid the resultant death.

Judge Masipa stopped short of giving an actual verdict on manslaughter
– which carries a maximum sentence of 15 years in prison – and
adjourned proceedings for the day.

Earlier, she cleared Pistorius of both premeditated and second-degree
murder, telling the trial 'there are not enough facts' to support the
prosecution case that he had intended to kill Ms Steenkamp.

The judge said the charge of premeditated murder relied on
'circumstantial evidence' from the state, adding: "The State has not
proved beyond reasonable doubt that the accused is guilty of
premeditated murder. There are just not enough facts to support such a
finding," she said.
Pistorius was charged with one count of murder, two of illegally
discharging a firearm – which is unrelated to Ms Steenkamp's death –
and one of illegally possessing ammunition.

The 27-year-old, his head down and shoulders shaking, was visibly
distressed and wept in court as the judge recounted the events of
Valentine's Day last year.

The prosecution had suggested Pistorius stormed down his bedroom
corridor after his frightened girlfriend in a jealous rage and
deliberately shot her through the toilet door.

It had pushed for a verdict of premeditated murder which carried a
sentence of 25 years in prison.

The double amputee sprinter has insisted he was terrified and felt
excessively vulnerable due to his disability and shot Steenkamp in a
tragic accident, believing her to be an intruder.

South Africa has no jury system so Judge Masipa is deciding on the
verdicts herself with the help of two assessors.

Proceedings began earlier in the day with the judge outlining the
facts of the case before the testimonies of each of the 37 witnesses
who gave evidence at the six-month murder trial. Some 21 witnesses
testified for the prosecution and 16 for the defence.

The judge described Pistorius as a 'poor and evasive witness' who was
initially composed, then 'contradicted himself' under cross
examination.

She said claims by the defence that police contaminated evidence and
removed items from the crime scene 'paled into insignificance' while
also rejecting claims by the prosecution that the relationship between
Pistorius and Ms Steenkamp was 'on the rocks' and counter claims by
the defence that they were 'a loving couple'.

"In my view, none of this evidence from the State and defence proves
anything," she said. "Normal relationships are dynamic and
unpredictable most of the time, while human beings are fickle."

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