Tag: Oscar Pistorius

  • Pistorius sentenced  to five-year jail term

    Pistorius sentenced to five-year jail term

    Olympic and Paralympic sprinter Oscar Pistorius started his five-year jail sentence yesterday for killing his girlfriend, Reeva Steenkamp, marking the end of a trial that has gripped South Africa and millions around the world.

    His uncle, Arnold Pistorius, indicated he would not appeal.

    As judge Thokozile Masipa gave her decision on the 27-year-old’s culpable homicide conviction, Pistorius, whose downfall has been likened to that of American football star O.J. Simpson, stood resolutely in the dock.

    His only reaction was to wipe his eyes before two police officers led him to the holding cells beneath the High Court in the heart of the South African capital.

    Ninety minutes later, an armored police vehicle carrying Pistorius – still dressed in dark suit, white shirt and black tie – left the building through a throng of reporters towards Pretoria Central Prison, where he is expected to serve his time.

    Once the execution site for opponents of South Africa’s former white-minority government, the jail is now home to the country’s most hardened criminals, including the man known as “Prime Evil”, apartheid death squad leader Eugene de Kock.

    Prisons officials said Pistorius, whose lower legs were amputated when he was a baby, would be housed in a separate and secure hospital wing of the massive complex.

    In delivering her decision, 67-year-old Masipa stressed the difficulty of arriving at a decision that was “fair and just to society and to the accused”.

    She also rebuffed suggestions that Pistorius – a wealthy and influential white man – might be able to secure preferential justice despite the “equality before law” guarantee enshrined in the post-apartheid 1996 constitution.

    “It would be a sad day for this country if an impression were created that there is one law for the poor and disadvantaged, and one law for the rich and famous,” she said.

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

    Prosecutors 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 in a country with one of the world’s highest rates of violent crime.

    The ruling African National Congress’ Women’s League, which is at the forefront of political efforts to tackle violence against South African women, on Tuesday called for an appeal by the state against the Sept. 12 culpable homicide conviction.

    But Steenkamp’s family said it was satisfied with the sentence.

    “Justice was served,” family lawyer Dup De Bruyn told reporters outside the court. The judge had given “the right sentence”, he said.

    With no minimum sentence for culpable homicide, South Africa’s equivalent of manslaughter, Pistorius could have been punished with a few years of house arrest combined with community service.

    Before the decision, protesters picketed outside the court, a sign of the anger that might have ensued and the damage that might have been done to an often-criticized judicial system if the sentence were seen as too light.

    “Why are certain offenders more equal than others before the law?” said protester Golden Miles Bhudu, dressed in orange prison garb and wrapped in chains as he ridiculed Pistorius’ retching and crying during the seven-month trial, the first in South Africa to be broadcast live throughout.

    “He screams like a girl, he cries like a baby but he shoots like a soldier,” Bhudu said.

    However, Masipa pointed to the moral and philosophical changes South Africa has undergone since the end of white rule and the 1994 election of Nelson Mandela, saying the courts were no longer about mob justice and an “eye-for-an-eye”.

    “As a country we have moved on from the dark ages,” she said. “Society cannot always get what they want because courts do not exist to win popularity contests.”

    Many ordinary South Africans were unimpressed, especially after Pistorius’ defence lawyer, Barry Roux, said he expected the athlete to serve only 10 months of the five-year sentence behind bars, and the remainder under house arrest.

    “They are only scaring him with this sentence. It shows our society hasn’t transformed,” said Johannes Mbatha, a 38-year-old minibus taxi driver waiting at a Johannesburg bus station.

    “If it was a black man he would have never received such a light sentence. But that’s how things are in South Africa.”

    In Steenkamp’s home town of Port Elizabeth, a handful of family friends at a bar owned by her parents raised their hands in recognition of the five-year sentence.

    “I thought he would walk,” said 50-year-old Martin Cohen, who worked as a race horse trainer with Steenkamp’s father, Barry, who suffered a stroke shortly after his daughter’s killing.

    The state prosecuting authority, which has two weeks to decide whether to launch an appeal against the verdict, said Pistorius was likely to serve at least a third of his sentence in prison or 20 months.

  • Pistorius gets five -year sentence

    Pistorius gets five -year sentence

    South African track star, Oscar Pistorius, was on Tuesday sentenced to five years in prison for killing his girlfriend, Reeva Steenkamp, on Valentine Day last year.

    Reuters reports that he was escorted out of the Pretoria High Court by police to a holding cell after the verdict.

    Judge Thokozile Masipa also gave Pistorius a three-year suspended sentence for a firearms charge.

    Prosecutors had called for a minimum 10-year term, and the defence argued for community service and house arrest.

    Pistorius was convicted of culpable homicide but cleared of murder.

    Defence lawyer Barry Roux said his client was expected to serve 10 months in prison, with the rest under house arrest.

    The BBC reports that parents of Reeva Steenkamp  – Barry and June were happy with the sentence and relieved the case is over.

     

  • Pistorius : Victim’s family ‘rejected blood money’

    Pistorius : Victim’s family ‘rejected blood money’

    Athlete Oscar Pistorius offered a large cash sum to the parents of girlfriend Reeva Steenkamp after he killed her – but it was rejected as “blood money”, a South African court has heard.

    Pistorius’s offer of $34,000 (£21,000) was revealed by prosecutor Gerrie Nel during his sentencing hearing.

    Earlier, a defence witness told the court that Pistorius would be physically at risk if sent to prison.

    He has been found guilty of culpable homicide, but cleared of murder.

    The defence is trying to show that prison would be an inappropriate punishment.

    Pistorius’ offer of a lump sum of 375,000 rand to the Steenkamp family emerged on the second day of his sentencing hearing, during the cross-examination of defence witness Annette Vergeer.

    June Steenkamp is said to have angrily rejected the offer of “blood money”

    Mr Nel told Ms Vergeer that Pistorius raised the funds from selling his car.

    The prosecutor added that Reeva Steenkamp’s mother, June, had rejected the offer. “She does not want blood money,” he said.

    He also highlighted separate monthly payments of 6,000 rand (£340; $540) made by Pistorius to the Steenkamps – who were short of money after their daughter’s death.

    Mr Nel said these funds – mentioned in Ms Vergeer’s report – would be “paid back to the accused in full – every cent.”

    What constitutes “blood money?” That question surfaced in court when it was revealed that Oscar Pistorius has been making monthly payments to Reeva Steenkamp’s parents.

     

     

     

    The couple’s lawyer confirmed that he had approached the Pistoriuses some 18 months ago, asking for support because Barry and June Steenkamp were broke. It seems their daughter had been supporting them prior to her death.

     

     

     

    But earlier in court, Prosecutor Gerrie Nel scathingly described a separate lump-sum offer of 375,000 rand, made by the athlete as “blood money”.

    So what is the different between refusing a lump sum and accepting a monthly payment – in moral terms? Clearly issues of need, timing, emotion, and the ebb and flow of the trial process itself must come into play.

    But in the meantime the Steenkamps have now announced that they will not be pursuing any civil case against the man who killed their daughter, and will repay “every cent” of the money Pistorius has already given them.

     

     

     

     

     

     

    The Steenkamps’ lawyer, Dup De Bruyn, explained that the couple were now “reasonably comfortable” after he had negotiated a series of media deals concerning their daughter’s death.

    The Pistorius family later accused Mr Nel of giving a distorted picture in court of the financial agreement with the Steenkamps, and said they would provide a full statement on Wednesday.

    Earlier on Tuesday, Ms Vergeer – a probation officer paid for her defence work – said that without legs Pistorius would be “a lot more vulnerable than the normal man”.

    She added that she had recently handled the case of an inmate who had been sexually assaulted in prison. “How can we say that he won’t be exposed to that?”

     

  • “Prison would ‘break’ Pistorius” – Defense Witness

    “Prison would ‘break’ Pistorius” – Defense Witness

    South African athlete Oscar Pistorius would be “broken as a person” if he were jailed for killing his girlfriend because of his disability and psychological problems, a defense witness at his sentencing hearing said on Tuesday.

    The 27-year-old Paralympic and Olympic athlete, whose lower legs were amputated as a baby, was convicted of culpable homicide last month for shooting dead his girlfriend, law graduate and model Reeva Steenkamp, 29, on Valentine’s Day 2013.

    Probation officer Annette Vergeer, who was paid by the defense to produce her report, said South African prisons were not conducive to the disabled and Pistorius would be vulnerable to violence and highly stressful situations.

    “It will not assist him but break him as a person. The death of the deceased and the period since have been a far bigger punishment than incarceration,” Vergeer told the court.

    “His disability and state of mind would cause his detention to be an excessive punishment with no benefits to him, society and the deceased’s family,” she said.

    Pistorius, dressed in a dark suit and tie, sat impassively in the packed courtroom as one of the most closely watched murder trials in history edged towards its conclusion.

    The athlete has broken down in tears and wretched into a bucket during the on-off, six-month trial. His psychologist told the court on Monday he was suffering from post-traumatic stress disorder and sometimes spent sessions weeping.

    On the first day of the hearing on Monday, a social worker recommended Pistorius be sentenced to partial house arrest and community service, which state prosecutor Gerrie Nel described as “shockingly inappropriate”.

    Nel will call at least two witnesses as the state pushes for a lengthy prison term. Sentencing is expected to conclude by the end of the week.

    Culpable homicide, South Africa’s equivalent of manslaughter, can be punished by anything from 15 years in jail to a suspended sentence or community service.

     

  • Oscar Pistorius community service  angers prosecutor, victim’s family

    Oscar Pistorius community service angers prosecutor, victim’s family

    South African athlete Oscar Pistorius should not go to jail over the killing of his girlfriend, Reeva Steenkamp, his sentencing hearing has been told.

    A probation officer appearing for the defence said Pistorius should serve house arrest and community service.

    Prosecutor Gerrie Nel described the suggestion as “shockingly inappropriate”.

    Pistorius was found guilty of the culpable homicide of Ms Steenkamp last month – but was cleared of murder.

    The decision was criticised by the victim’s family.

    Pistorius faces up to 15 years in jail, although Judge Thokozile Masipa may suspend the sentence or impose a fine.

    She said the athlete had acted “negligently” when he shot his girlfriend through a toilet door, but had genuinely thought her to be an intruder.

    This was Oscar Pistorius’s big chance to convince Judge Thokozile Masipa that he does not deserve to spend a day in prison for killing Reeva Steenkamp.

    It seemed to go reasonably well for the defence. The athlete’s first witness was trauma counsellor Lore Hartzenberg, who strongly implied that a “broken” Pistorius had been punished enough. Prosecutor Gerrie Nel, all snarls and scepticism, questioned her professionalism during cross-examination, but struggled to rattle her.

    The next witness was an even tougher challenge for the prosecution, since social worker Joel Maringa had been assigned by the state, not the defence, to assess what punishment was suitable. He recommended no time in prison, and three years of house arrest and community service instead.

    Judge Masipa, as usual, was giving little away, but asked for more details about what “community service” might entail. If you’re looking for clues, that may be the highlight from the first day – and remember, the prosecution has yet to call its own witnesses.

     

  • Steenkamp’s family rejects verdict on Pistorius

    Steenkamp’s family rejects verdict on Pistorius

    The parents of Reeva Steenkamp said “justice was not served” after South African athlete Oscar Pistorius was acquitted of murdering their daughter.

    June and Barry Steenkamp told NBC News of their “disbelief” that the court had believed Pistorius’s version of events.

    Judge Thokozile Masipa found him guilty of the lesser charge of culpable homicide, saying the state had failed to prove he intended to kill Ms Steenkamp.

    Pistorius has been allowed bail ahead of sentencing on October 13, the BBC reports.

    Judge Masipa said the athlete had acted “negligently” when he shot his girlfriend through a toilet door, but in the “belief that there was an intruder.”

    The Paralympic sprinter had strenuously denied murdering Ms Steenkamp after a row on Valentine’s Day last year, saying he shot her by mistake.

    But in the interview with NBC, June Steenkamp said: “This verdict is not justice for Reeva.

    “I just want the truth. He shot through the door and I can’t believe that they believe it was an accident.”

     

     

  • Pistorius convicted for culpable homicide

    Pistorius convicted for culpable homicide

    Oscar Pistorius was convicted for culpable homicide on Friday, having escaped the more serious charge of murder for the killing of his girlfriend, and the Olympic and Paralympic track star could face a lengthy prison sentence.

    The 27-year-old double amputee, who became one of the biggest names in world athletics, stood impassively in the dock, his hands folded in front of him, as Judge Thokozila Masipa delivered her verdict.

    Pistorius was also cleared of two unrelated firearms charges – illegal possession of ammunition, and firing a pistol out of the sun-roof of a car – but was convicted of firing a pistol under the table of a packed Johannesburg restaurant, Reuters reports.

    Masipa based her culpable homicide decision on the fact that Pistorius had acted unreasonably and negligently when he fired four shots from a 9mm pistol into a toilet door in his luxury Pretoria home, killing Steenkamp, who was behind it, almost instantly.

    Culpable homicide – South Africa’s equivalent to manslaughter – carries up to 15 years in prison.

    The state had argued that Pistorius was deliberately trying to kill Steenkamp, a law graduate and model, after a row in the early hours of Valentine’s Day last year, but Masipa ruled that prosecutors had failed to prove the allegations.

    Pistorius said he had fired in the mistaken belief that an intruder had broken into his bathroom and was hiding in the toilet cubicle.

  • Pistorius cleared of murder charges

    Pistorius cleared of murder charges

    The judge in the Oscar Pistorius trial has ruled out all murder charges, but said he may still be guilty of culpable homicide (manslaughter).

    Judge Thokozile Masipa said the prosecution had failed to prove the Olympic athlete killed his girlfriend deliberately in the toilet after a row, prompting tears from Mr. Pistorius.

    He cannot have foreseen killing whoever was behind the toilet door, she said.

    She added that Mr. Pistorius was an evasive witness but this did not mean he was guilty.

    The South African Olympic sprinter denies murdering Reeva Steenkamp on Valentine’s Day last year, saying he thought there was an intruder.

    Mr. Pistorius, 27, has pleaded not guilty to all the charges he faces, including two counts of shooting a firearm in public and the illegal possession of ammunition, the BBC reports.

    Judge Masipa began by detailing the charges against the athlete and repeating extracts of his testimony, reading in a slow, measured way.

    She then moved on to a summary of the trial.

    A tense-looking Mr. Pistorius looked on from the dock and wept several times during the proceedings.

    The judge questioned the reliability of several witnesses who apparently heard screams and gunshots at the time of the incident, saying most of those who said they had heard the incident had “got facts wrong.”

    The prosecution had used these witnesses to try to prove that Mr. Pistorius had killed Ms Steenkamp with premeditation after an argument.

    Later in her judgment, Judge Masipa concluded that the prosecution had failed in this.

    “The state has not proved beyond reasonable doubt that the accused is guilty of premeditated murder,” she said. “There are just not enough facts to support such a finding.”

  • ‘Witnesses refused to testify in Pistorius trial’

    Some witnesses refused to testify at the televised trial of Oscar Pistorius because of the publicity, the South African athlete’s lawyer has said.

    They did not want “their voices all over the world,” Barry Roux told the court as his team ended its case.

    The court has now adjourned until August 7 for closing arguments, the BBC reports.

    The Olympic runner denies intentionally killing his girlfriend on Valentine’s Day last year, saying he mistook her for an intruder.

    The lawyer did not name the witnesses who had refused to testify.

  • Oscar Pistorius ‘had no mental  disorder’, says report

    Oscar Pistorius ‘had no mental disorder’, says report

    Oscar Pistorius did not have a mental disorder when he killed his girlfriend, a psychological report said as his murder trial resumed.

    This means the Olympic athlete was criminally responsible for his actions when he shot her, the prosecution said.

    The defence team has said Mr Pistorius was suffering from an anxiety disorder.

    The athlete denies deliberately killing Reeva Steenkamp. He says he shot her accidentally in a state of panic after mistaking her for an intruder.

    The prosecution says Mr Pistorius deliberately killed Ms Steenkamp following an argument.

    Both prosecution and defence have accepted the results of the psychological report.

    Before the case was adjourned until today, the defence called acoustic expert Ivan Lin to give evidence in the hope of discrediting prosecution witnesses who said they heard the scream of a woman on the night Ms Steenkamp was killed.

    Earlier, the court heard from Dr Gerry Versfeld, who amputated Mr Pistorius’ legs when he was just 11 months old. He was born without the fibulas in both of his legs but went on to become an Olympic athlete.

    Dr Versfeld testified about the impact of the disability on Mr Pistorius, 27, and to what extent he can walk without his prosthetic legs.

    The defence is expected to finish presenting its evidence in the next few days.

    Ms Steenkamp, a 29-year-old model and law graduate, was shot through a toilet door at Mr Pistorius’ house in Pretoria on Valentine’s Day last year.

    The couple had been dating for three months.

    Oscar Pistorius has often displayed his emotions during the trial

    The athlete underwent tests on his mental state at the Weskoppies Hospital in Pretoria

    Mr Pistorius says he mistook Reeva Steenkamp – model and law graduate – for an intruder

    “Mr Pistorius did not suffer from a mental illness or defect that would have rendered him criminally not responsible for the offence charged,” said state prosecutor Gerrie Nel, reading from the psychologist report.

    The prosecution requested the evaluation after a defence witness said the double amputee was suffering from Generalised Anxiety Disorder (Gad).

    Mr Pistorius, 27, underwent a month of tests as an outpatient at Weskoppies psychiatric hospital in Pretoria.

    He has often displayed his emotions during the trial, and has sobbed and vomited in court.

    There are no juries at trials in South Africa, so the athlete’s fate will ultimately be decided by the judge, assisted by two assessors.

    If found guilty of murder, Mr Pistorius, who went on trial on 3 March this year, could face life imprisonment. If he is acquitted of that charge, the court will consider an alternative charge of culpable homicide, for which he could receive about 15 years in prison.