Oscar guilty of culpable homicide
Paralympian, Oscar Pistorius, had been found guilty of culpable homicide in the Pretoria High Court following the shooting of his model girlfriend, Reeva Steenkamp, on Valentine’s Day in 2013.
Judge Thokozile Masipa ruled that the state could not prove beyond a reasonable doubt that Pistorius had intentionally shot Steenkamp at his Silver Lakes Estate home last year, ruling out the possibility of pre-mediated murder.
“The unanimous decision of this court is the following. On count one murder...the accused is found is not guilty...instead he is found guilty of culpable homicide,” Judge Masipa ruled.
“The conduct of the accused shortly after the incident is inconsistent with someone who had wanted to commit murder."
Pistorius was also acquitted of firing a loaded gun through a vehicle sunroof driven by his friend, Darren Fresco, in 2012 as well as the illegal possession of ammunition.
He was however found guilty of discharging a firearm while dining at Tasha’s restaurant in 2013, with Judge Masipa referring to Pistorius as “reckless” and “negligent” for firing a weapon in a public area.
“In my view, it really doesn't matter what caused the firearm to discharge. No one has submitted there was intention,” said Judge Masipa.
“He may not have intentionally pulled the trigger but that doesn't absolve him from crime of negligence and taking necessary precautions to prevent shooting.
“The accused shouldn't have asked for a gun let alone handled it in a public place.”
Following a short break, judgment was halted after Pistorius’ lawyer, Barry Roux, had stated that the athlete would have to apply for extended bail having been found guilty of culpable homicide.
His request was rebuked by State Prosecutor, Gerrie Nel, who added that he would bring up a “variety factors” with regards to Pistorius’ bail conditions.
These included Pistorius disposing of properties, which the defence said was done to cover his legal costs, as well as getting into an altercation at the VIP Nightclub in Sandton last month. He also referred to Pistorius as a suicide risk.
Responding to Nel’s allegations, Roux admitted that Pistorius should not have visited the club, but added that the athlete had been staying at the home of his uncle for 18 months after being forced to sell his properties to cover his legal fees.
Roux also stated that the fact that Pistorius was present at the trail proves that he is not a suicide risk as he could have ended matters much earlier.
Judgement is set to continue at 12:30.
IMAGE source from nbc.com
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North Gauteng High Court Judge Thokozile Masipa, has sentenced Paralympian Oscar Pistorius to five years in jail for the shooting of his model girlfriend, Reeva Steenkamp, at his Silver Lakes estate home on Valentine’s Day last year. Pistorius’ defence has announced that it does not intend to appeal the decision despite having two weeks to do so. Judge Maspia also sentenced him to three years, suspended for five, for contriving the firearms act. In passing her verdict, she stated that correctional supervision with community service, as outlined by the defence, would be viewed as inappropriate. “A non-custodial sentence would send the wrong message to society, but a long sentence would also be inappropriate as it would show a lack of mercy,” said Masipa. She also rejected the statement given by probation officer, Annette Vergeer, about the conditions of prison, stating that Pistoius’ vulnerability has been “overemphasised” and that he had coped well with his disability, as proven by competing against abled bodies athletes during the 2012 London Olympics...
The Department of Correctional Service has denied a report by Eyewitness News that it is preparing a single cell in the most secured section of the Kgosi Mampuru Central Correctional Centre ...
The State in the sentencing trail of Paralympian Oscar Pistorius, has called for a minimum sentence of 10 years imprisonment, stating the Blade Runner acted...
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