As an emotionless Oscar Pistorius was yesterday found guilty of culpable homicide for shooting dead his girlfriend Reeva Steenkamp on St Valentine's Day last year, friends of the popular model sobbed uncontrollably in the public gallery.
South Africa’s fallen hero still faces the possibility of 15 years in prison when he returns to court on October 13th for sentencing, but many believe he is lucky not to have been convicted of premeditated murder or murder.
Outside the North Gauteng high court a large crowd gathered at the Dros restaurant across the road to watch the live broadcast of Judge Thokozile Masipa continuing with the verdict she began on Thursday morning before a packed court gallery.
She revisited her reasoning for dismissing the premeditated murder and murder charges the day before, charges that carry sentences of life in prison and 25 years respectively.
The evidence brought against the Paralympian on both was “purely circumstantial” she repeated. “It could not be said that he foresaw that either the deceased or anyone else for that matter might be killed when he fired the shots at that door,” she said in relation to the premeditated murder charge. There were murmurs of disbelief and disapproval from the crowd as she spoke.
The decision to find Pistorius guilty of culpable homicide was based on the fact that he had acted unreasonably and negligently when shooting four times through a closed toilet door in his luxury Pretoria home, killing Ms Steenkamp who was spending the night.
Pistorius’s actions immediately after the incident took place – he phoned for help, rang security, and witnesses who arrived on the scene said he displayed genuine remorse and repeatedly tried to resuscitate Ms Steenkamp – meant a conviction of murder was not appropriate either.
“There is no basis for this court to make the inference that the accused wanted to kill the deceased . . . The conduct of the accused shortly after the incident is inconsistent with someone who had wanted to commit murder,” said Judge Masipa.
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. However, he was convicted of firing a pistol under the table of a packed Johannesburg restaurant.
Disappointment
The National Prosecution Authority (NPA) expressed its disappointment at the ruling, but a spokesperson declined to say what move it would make next.
“At this point the matter is not concluded. We are still waiting for the sentence,” NPA spokesperson Nathi Mncube said outside court. “It’s only after the sentence that the NPA can weigh its options and see whether they can take the matter forward. We feel at this point we should respect the process that is still under way.”
Following the convictions the athlete's bail was revoked, as is required under South African law, and state prosecutor Gerrie Nel opposed an application by defence lawyer Barry Roux to have it reinstated immediately.
“It is my respectful argument that it is not in the interest of justice to permit an accused who has been convicted in the high court on a matter of negligently killing the deceased . . . bail,” said Mr Nel, adding that this was a “serious case” and lengthy imprisonment was a probable sentence.
Mr Nel went on to say that Pistorius was involved in an “incident” at a nightclub in July after which he was asked to leave. Such erratic behaviour could lead to self-harm, given that he potentially was facing a custodial sentence, Mr Nel continued.
However, Judge Masipa used her discretion in favour of the accused and granted an extension of Pistorius’s one-million rand (€70,000) bail until sentencing begins.
Afterwards Pistorius’s uncle, Arnold Pistorius, gave a brief statement on behalf of the family.
‘No victors’
“In a tragic event like this, there’s no victors. We, as a family, remain deeply affected by the devastating tragedy,” he said, adding that his family was extremely grateful to Judge Masipa for finding Oscar Pistorius not guilty of murder.
“We always knew the facts,” he said, “and we never had any doubt in Oscar’s version of this tragic incident.”
Ms Steenkamp’s parents remained impassive throughout the delivery of the verdict and did not make any statement afterwards.
After sentencing takes place Judge Masipa has the discretion to grant either side leave to appeal the ruling.
However, if Pistorius were to do so, the appeals court could reverse the high court’s decision and find him guilty of murder.
