Oscar Pistorius found guilty of murder

Wednesday 09th December 2015 06:14 EST
 
 

Pretoria: Olympic athlete Oscar Pistorius who killed his girlfriend Reeva Steenkamp in February 2013 was found guilty of murder by a South African appeals court. Pistorius killed his girlfriend after shooting at her four times through a locked toilet door. Under house arrest after spending one year of his original five-year sentence in jail, Pistorius has been granted bail while he awaits sentence for murder.

The 'Blade Runner' shot and killed his girlfriend at his home in Pretoria mistaking her for an intruder. His trial for murder began in March, 2014 in Pretoria. The proceedings were however, adjourned until June, in May, so he could undergo a psychiatric evaluation to establish whether he was criminally responsible for shooting Steenkamp. The trial resumed after reports showed the accused could be held criminally responsible. On 12 September, Pistorius was found guilty of culpable homicide. On 21 October, he received prison sentence of a maximum of five years for culpable homicide and a concurrent three-year suspended prison sentence for the separate reckless endangerment conviction.

In November, prosecutors applied to the sentencing judge for permission to appeal the culpable homicide verdict, saying the five-year punishment was “shockingly light, inappropriate and would not have been imposed by any reasonable court.” Judge Thokozile Masipa ruled on 10 December that the prosecution could challenge her ruling of acquitting Pistorius of premeditated murder and the lesser charge of culpable homicide.

He did not receive any special privileges during his first six weeks in prison, as per statements given by his brother. He was later recommended for an early release in June 2015. South African Commissioner of Correctional Services, Zach Modise said that, “Under South African law he is eligible for release under correctional supervision having served a sixth of his sentence.” He was released to house arrest for 21 August, based on good behaviour and the fact that was not considered a danger to the community. The athlete was expected to remain under house arrest and correctional supervision, and perform community service as part of his continuing sentence. His release was blocked by South Africa's Justice Minister Michael Masutha who considered the Parole Board's decision for early release “premature”.

The date for prosecutors to submit court papers outlining their arguments was set for 17 August 2015, and the date for the defence team's response was set for 17 September 2015. The date for the appeal hearing was set for November 2015. The prosecutors' argument rested on Judge Masipa's application of the legal principle of dolus eventualis, and that the judge made an error in concluding Pistorius had not foreseen that by firing four shots through the closed door of the toilet cubicle, he would kill or injure whoever was behind the door.

The appeal was heard on 3rd November 2015, before 5 Supreme Court judges, in the Supreme Court of Appeal. On 3 December 2015, the Supreme Court of Appeal of South Africa overturned Pistorius' culpable homicide conviction and found him guilty of murder in the death of Reeva Steenkamp. Judge Eric Leach read the summary of judgement. The panel of five judges found the prosecutor's argument that Pistorius must have known that someone would die if he fired through the closed door into a small toilet cubicle.


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