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Tag: Oscar Pistorius

  • Pistorius parole review hearing postponed

    Pistorius parole review hearing postponed

    South Africa’s parole review board has postponed for two weeks a hearing to decide if Oscar Pistorius can be released early from prison, after being sentenced for killing his girlfriend, local media reported on Saturday.

    The delay was because the board had been unable to finalise all its cases on Friday, when it had been due to meet to decide if Pistorius should be freed on parole or serve a longer period in jail.

    It gave no specific date for another meeting.

    The Paralympics gold medallist was due to be released on house arrest in August after serving 10 months of a five-year sentence, but South Africa’s justice minister blocked his release, saying procedure had not been followed.

    He referred the case to the parole review board.

    The spokesman for South Africa’s prisons could not be immediately reached for comment.

    Pistorius’ spokeswoman said she had to seek advise from her client before making a statement.

    Pistorius was found guilty last September of culpable homicide, the equivalent of manslaughter, after he fired four 9mm shots through a locked toilet door in 2013 killing his girlfriend Reeva Steenkamp on Valentine’s Day, Reuters reported.

    During the trial, prosecutors argued Pistorius had killed Steenkamp deliberately after a row.

  • Pistorius killed our daughter deliberately – Steenkamps

    Pistorius killed our daughter deliberately – Steenkamps

    Oscar Pistorius shot dead his girlfriend Reeva Steenkamp deliberately, her parents said, ahead of an appeal hearing in which prosecutors are seeking to overturn a South African court ruling that the athlete was not guilty of murder.

    It was the first time Steenkamp’s parents have spoken out against the court’s verdict, Reuters reported.

    Pistorius, 28, was found guilty last September of culpable homicide, the equivalent of manslaughter, after Judge Thokozile Masipa said state prosecutors had failed to prove the Paralympic gold medallist had shown “intent” to kill.

    The state argued throughout the six-month trial that Pistorius had deliberately killed Steenkamp when he fired four rounds through a locked toilet door where she was hiding after a row.

    Pistorius said he believed an intruder was inside the toilet cubicle.

    Prosecutors filed an appeal last week asking for the verdict to be changed to murder. They argued Pistorius must have known when he fired that the person behind the door could be killed, even if he did not know it was Steenkamp. The appeal hearing is due to start in November.

    “What actually came out in court is not the truth,” Barry Steenkamp told Australia’s Channel Seven television in an interview aired on Sunday.

    “He got angry, she went off to the toilet, locked herself inside, and then him pulling out the gun and shooting.”

    June Steenkamp adds: “Why didn’t he just let her walk away?”

    Pistorius, nicknamed the “Blade Runner” because of the carbon-fibre prosthetics he used during his career on the track, was due to be released from prison last Friday after serving 10 months of his five-year sentence.

  • Pistorius parole ruling ‘could take four months’

    Pistorius parole ruling ‘could take four months’

    South Africa’s parole review board has up to four months to conclude its decision on when Oscar Pistorius can be released from prison, a Justice Ministry spokesman said on Thursday.

    Paralympic gold medallist Pistorius, 28, was due to be released into house arrest on Friday after serving 10 months of a five-year sentence for killing his girlfriend, model and law graduate Reeva Steenkamp, on Valentine’s Day 2013.

    Justice Minister Michael Masutha, however, on Wednesday blocked his proposed release because he said the decision was made without legal basis, Reuters reported.

    Masutha said the parole board had wrongly taken a decision to release Pistorius on parole before the athlete had served a sixth of his sentence, as required by law.

    “The review board has four months in which to conclude the matter,” Justice Ministry spokesman, Mthunzi Mhaga, told Reuters.

    “The minister cannot determine how they deal with the review as he merely referred the matter and leaves it to them to deal with it independently.”

    A spokeswoman for Pistorius could not be reached for comment.

    Pistorius, nicknamed “Blade Runner” because of the carbon-fibre prosthetics he used during his career on the track, admitted killing Steenkamp by firing four shots through the locked door of a toilet cubicle, saying he believed an intruder was hiding behind it.

    Judge Thokozile Masipa said during sentencing the state had failed to convince her of Pistorius’ intent to kill when he fired.

    Prosecutors want the verdict of culpable homicide, equivalent to manslaughter, changed to murder because they argue Pistorius must have known when he fired that the person behind the door could be killed.

     

  • South African minister blocks Pistorius parole

    South African minister blocks Pistorius parole

    South Africa’s Oscar Pistorius will not be freed on parole this Friday because the decision to do so was made without the right legal basis, the justice minister said on Wednesday, shocking the athlete’s family who were preparing for his homecoming.

    Pistorius was expected to be released after serving 10 months of a five-year sentence for killing his model and law graduate girlfriend, Reeva Steenkamp, on Valentine’s Day 2013.

    Justice Minister Michael Masutha said in a statement that the parole board had decided to release Pistorius on parole even before the athlete had served a sixth of his sentence, as required by law.

    “It is therefore clear that there is no legal basis upon which such a decision was made. One sixth of a five years sentence is 10 months and at the time the decision was made Mr. Pistorius had served only over six months of his sentence,” Reuters quoted as saying in the statement.

    Masutha said he received a petition from the Progressive Women’s Movement of South Africa, opposing Pistorius’ release on parole, saying it flouted the rules.

    A family member said he was shocked by the minister’s decision, adding that the family had planned a “low key welcome” for Pistorius on Friday.

    “We are shocked and disappointed that Oscar won’t be home this Friday,” the family member, who declined to be named, told Reuters.

    Pistorius has admitted killing Steenkamp, 29, by firing four shots through the locked door of a toilet cubicle, saying he believed an intruder was hiding behind it.

    Judge Thokozile Masipa said during sentencing the state had failed to convince her of Pistorius’ intent to kill when he fired.

  • South African prosecutors file Pistorius appeal

    South African prosecutors file Pistorius appeal

    South African state prosecutors filed an appeal on Monday against the verdict of culpable homicide passed on Oscar Pistorius for killing his girlfriend, arguing the athlete should have been convicted of murder.

    The Paralympic gold medalist admitted to killing 29-year-old Reeva Steenkamp in February 2013 by firing four shots into the locked door of a toilet cubicle in what he said was the mistaken belief that an intruder was hiding behind it.

    Pistorius, whose lower legs were amputated as a baby, is due to be released on Friday after serving 10 months of a five-year sentence, in line with South Africa’s custodial guidelines for non-dangerous prisoners, Reuters says.

    During sentencing, Judge Thokozile Masipa said the state had failed to prove Pistorius’ intent to kill when he fired.

    Prosecutors want the verdict, equivalent to manslaughter, changed to murder because they argue that if Pistorius knew someone was behind the toilet door when he fired, he had the intention to kill, one of the prosecution team said.

    “We filed the appeal today,” National Prosecuting Authority spokesman, Luvuyo Mfaku, said.

    Pistorius’ legal team has a month to file its response to the appeal, which the Supreme Court is expected to hear in November, Mfaku added.

  • Pistorius to be released on parole August 21

    Pistorius to be released on parole August 21

    South African athlete Oscar Pistorius will be released on parole on August 21 after serving 10 months of a five-year sentence for culpable homicide of his girlfriend Reeva Steenkamp, authorities said.

    The Olympic and Paralympic track star is behind bars in the capital, Pretoria, after being convicted in October after a seven-month trial, Reuters reports.

    The release of Pistorius, whose lower legs were amputated when he was a baby, had been largely expected under South African sentencing guidelines that say non-dangerous prisoners should spend only one-sixth of a custodial sentence behind bars.

    A prison service statement said Pistorius would spend the remainder of his time under “correctional supervision,” a form of house arrest.

    Steenkamp, a 29-year-old law graduate and model, died on Valentine’s Day in 2013 when Pistorius shot her through a locked toilet door at his luxury Pretoria home.

    Prosecutors had pushed for a murder conviction, but the athlete maintained he fired in the mistaken belief an intruder was hiding behind the door, a defence that struck home with many in a country with one of the world’s highest rates of violent crime.

    The state won its bid to appeal the culpable homicide conviction and will seek a murder conviction when the case is heard in November.

    Pistorius could face a prison sentence of at least 15 years if convicted of murder.

  • South African prosecutor appeals Pistorius verdict

    South African prosecutor appeals Pistorius verdict

    South African prosecutors appealed on Tuesday against the culpable homicide verdict and five-year prison term imposed on athlete Oscar Pistorius for the killing of his girlfriend Reeva Steenkamp, saying it was “shockingly inappropriate.”

    Pistorius, an Olympic and Paralympic track star, maintained throughout his seven-month trial that he shot Steenkamp on February 14, 2013, by mistake, thinking she was an intruder hiding behind the bathroom door in his house in Pretoria.

    The prosecution failed to convince Pretoria High Court Judge Thokozile Masipa of Pistorius’ intent to kill when he fired at his girlfriend, leading to his conviction in October for negligent killing – culpable homicide – and a five-year jail term, Reuters reports.

    “Based on all the evidence, perhaps the element of mercy was over-exaggerated,” state prosecutor Gerrie Nel argued before Masipa

    Masipa’s decision to rule out murder was criticised by several legal experts and the Women’s League of the ruling African National Congress (ANC) as an erroneous interpretation of the law.

    Pistorius, who was not in court on Tuesday and his legal team, are opposing the appeal.

    In South African law, the judge who handed down a verdict decides on whether the judgment can be appealed.

  • Oscar Pistorius prosecutors appeal against jail term

    Oscar Pistorius prosecutors appeal against jail term

    Oscar Pistorius’s five-year prison term for killing his girlfriend, Reeva Steenkamp, was “shockingly light, inappropriate and would not have been imposed by any reasonable court”, according to prosecutors who have filed for leave to appeal against the sentence and conviction.

    In September, Masipa acquitted Pistorius of murder but found him guilty of culpable homicide, the South African equivalent of manslaughter, in a judgment criticised by some legal experts. Last month, at the end of an eight-month trial televised worldwide, she jailed the Paralympian for five years, though this could potentially become house arrest in less than a year.

    The application, addressed to the high court registrar in Pretoria and Pistorius’s defence team, notes that the sprinter knew there was a person behind the toilet door and chose to use a firearm, firing not one but four shots, and there was no room for escape for the person behind the door.

    Pistorius has always maintained that he mistook Steenkamp, a 29-year-old model and law graduate, for an intruder and feared for his life. But the papers note that the court correctly found that he presented a “plethora of defences” and argue that these were “mutually destructive and irreconcilable”. They also quote the court’s finding that Pistorius was “a very poor witness”.

    “The honourable judge erred in not appropriately taking into account the consequences of the accused’s actions. Not enough emphasis was placed on the horrendous manner in which the deceased died, coupled with the gruesome injuries she sustained when the accused shot and killed her.”

    Masipa also erred in overemphasising the purpose of rehabilitation and reformation at the cost of retribution, the prosecutors contend. “We will argue that the sentence is inappropriate and shockingly light for someone that killed an innocent person with gross negligence where his conduct bordered on dolus eventualis.”

    They note that, under the criminal procedure act, Pistorius will qualify to be released from prison under correctional supervision after serving “a mere 10 months”. There is a reasonable prospect that another court may come to a different finding, they say.

  • Pistorius to appeal against guilty verdict

    Pistorius to appeal against guilty verdict

    South African prosecutors say they are going to appeal against the conviction and sentence given to athlete Oscar Pistorius for killing his girlfriend.

    Last week, Pistorius began serving a five year prison sentence for the culpable homicide of Reeva Steenkamp, although he could be out in 10 months.

    The double-amputee Olympic sprinter was cleared of murder.

    “The appeal on conviction is based on the question of law,” the national prosecuting spokesman said.

    Pistorius’ family have said that he will not appeal.

    The athlete was also given a three-year suspended sentence for firing a gun in a restaurant.

    Reeva Steenkamp had been going out with Pistorius for three months before the fatal shooting

    Pistorius was charged by the prosecution with the pre-meditated murder of Ms Steenkamp, a model and law graduate.

    He was acquitted of this and the lesser murder charge of dolus eventualis.

    In South African law, this charge – also known as common-law murder – applies if the accused knew they might kill someone but still went ahead with their course of action.

    The BBC’s Pumza Fihlani, who followed the athlete’s trial, says the prosecution’s grounds for appeal may lie with how the judge interpreted dolus eventualis.

     

  • Oscar Pistorius sentenced to five years in prison

    Oscar Pistorius sentenced to five years in prison

    Oscar Pistorius’ fall from grace culminated Tuesday with a five-year sentence in the shooting death of his girlfriend.

    The sentence was imposed for the charge of culpable homicide, which in South Africa means a person was killed unintentionally, but unlawfully.

    Under South African law, he will have to serve at least one-sixth of his sentence — 10 months — before he can ask to be placed under correctional supervision, usually house arrest, instead.

    Pistorius was also given a three-year sentence on a firearms charge, but it was suspended for five years on condition he’s not found guilty of another crime where there’s negligence involving a firearm during that period.

    That count related to an occasion when Pistorius discharged a handgun under a table in a busy restaurant. No one was hurt.

    During his trial, the double-amputee sprinter often sobbed at the mention of his girlfriend Reeva Steenkamp’s name. He insisted that he mistook her for an intruder when he shot her through a toilet door on Valentine’s Day 2013.

    But there was very little visible reaction from Pistorius as the sentence was read out in the Pretoria court.

    Speaking to CNN’s Robyn Curnow in the last few weeks before his sentencing, Pistorius told her that he would respect and accept the decision of the court and that he was not afraid of imprisonment.

    He said he hoped to contribute while in prison by teaching people how to read or start a gym or running club.

    “Oscar will embrace this opportunity to pay back to society,” his uncle, Arnold Pistorius, told reporters. “As an uncle, I hope Oscar will start his own healing process as he walks down the path of restoration. As a family, we are ready to support and guide Oscar as he serves his sentence.”

    The Steenkamp family’s lawyer, Dup De Bruyn, said in a statement: “The family is satisfied. They are glad that it is over and are satisfied that justice has been done.”

    The prosecution had asked for a minimum prison sentence of 10 years for Pistorius.

    After the ruling Tuesday, South Africa’s National Prosecuting Authority said it had not yet decided whether to appeal Judge Thokozile Masipa’s verdict that he is not guilty of murder.

     

     

     

    Pistorius’ defense had called for a sentence of house arrest and community service.

    There was no immediate reaction from the defense team on the sentencing.

     

     

     

     

    Both sides now have a 14-day period in which they can choose to lodge any appeal, according to CNN legal analyst Kelly Phelps.

     

     

     

    Oscar Pistorius reaches out to his uncle Arnold Pistorius and other family members as he is led out of court in Pretoria, South Africa, after being sentenced to five years in prison  yesterday, . Pistorius, the first double-amputee runner to compete in the Olympics, was sentenced for culpable homicide in the February 2013 death of his girlfriend, Reeva Steenkamp.

    Pistorius leaves the high court in Pretoria on Monday, October 13. A judge cleared Pistorius of premeditated murder last month, but he was found guilty of culpable homicide — the South African term for unintentionally, but unlawfully, killing a person.

    Pistorius speaks with his uncle Arnold Pistorius during his trial at the Pretoria High Court on Friday, September 12.

    Pistorius cries on the stand in Pretoria on Thursday, September 11, as the judge reads notes while delivering her verdict.

    Pistorius arrives at court on September 11.

    Pistorius speaks to someone in court as his murder trial resumes in Pretoria on Thursday, August 7.

    Pistorius sits in court in Pretoria on Tuesday, July 8.

    Pistorius arrives at court in Pretoria on Monday, July 7.

    Pistorius yawns during day 37 of his murder trial on June 3.

    Pistorius hugs a supporter Wednesday, July 2.

    Pistorius listens to evidence being presented in court on Monday, June 30.

    Pistorius leaves the court in Pretoria on Tuesday, May 20.

    Pistorius reads notes during his trial on Monday, May 12.

    Ballistics expert Tom “Wollie” Wolmarans testifies for the defense on May 12.

    A red laser dot points at bullet holes in the bathroom door for a forensic demonstration during the trial on May 12. Pistorius admits firing four bullets through the closed door, killing Steenkamp, but says he thought he was protecting himself from a burglar.

    Pistorius returns to court as his murder trial resumes Monday, May 5, after a break of more than two weeks.

    Pistorius gets a hug from a woman as he leaves court in Pretoria on Wednesday, April 16.

    Pistorius rubs his eye Tuesday, April 15, after testifying during his murder trial.

    Pistorius arrives at the court in Pretoria on Monday, April 14.

    Pistorius’ sister, Aimee, cries in court as she listens to her brother’s testimony on Tuesday, April 8.

    June Steenkamp, Reeva Steenkamp’s mother, reacts as she listens to Pistorius’ testimony on April 8.

    Pistorius is hugged by his aunt Lois Pistorius in court on Monday, April 7.

    Pistorius sits inside the courtroom as members of his defense team talk in the foreground Friday, March 28.

    Pistorius leaves court on March 28. The trial was delayed until April 7 because one of the legal experts who will assist the judge in reaching a verdict was sick.

    Steenkamp’s mother, right, and family friend Jenny Strydom react in court Tuesday, March 25, during cross-questioning.

    ell phone analyst Francois Moller testifies during the trial on March 25. Questioned by the prosecution, Moller listed in order the calls made and received by Pistorius after he shot Steenkamp.

    Pistorius cries as he sits in the dock during his trial on Monday, March 24.

    Pistorius talks to defense attorney Barry Roux on March 24.

    Pistorius holds his head while members of his family talk behind him on Tuesday, March 18.

    Steenkamp’s mother, wearing the white collared shirt, looks on while a police officer takes notes in court March 18.

    Pistorius is hugged by his aunt Lois on March 18.

    Pistorius takes notes Monday, March 17, as his murder trial enters its third week.

    Pistorius covers his head as he listens to forensic evidence Thursday, March 13.

    Forensic investigator Johannes Vermeulen, left, is questioned during the trial March 13.

    Pistorius listens to questions during his trial on Wednesday, March 12.

    A police officer takes part in a court reconstruction March 12. A police forensic expert said Pistorius was on the stumps of his amputated legs when he knocked down a locked toilet door with a cricket bat to reach his shot girlfriend. That counters the track star’s assertion he was wearing his prosthetic legs at the time. Defense attorney Barry Roux countered by suggesting that even with his prosthetic legs on, Pistorius would not be swinging a bat at the same height as an able-bodied person.

    Pistorius listens to cross-questioning on Monday, March 10.

    Friends of Steenkamp’s family watch Pistorius during his trial on March 7.

    Pistorius covers his ears on Thursday, March 6, as a witness speaks about the morning Steenkamp was killed.