Oscar Pistorius has had many victories in his illustrous athletic career in track and field, but his victory in the court room on Friday morning in Pretoria, South Africa may have been the biggest of all. The double-amputee track star was acquitted 4 out of 6 charges against him for the murder of his girlfriend, Reeva Steenkamp on Valentine's Day last year.
Pistorius was found guilty of "culpable homocide," the American equivalent of manslaughter, as well as discharging a firearm in a public place when he accidentally set off a friends handgun in crowded restaraunt in Johannesburg.
Judge Thokozile Masipa delivered her verdict on friday morning, all but ending one of the most closely followed court cases in the world. Pistorius's sentencing next month, may be the culimantion of almost two years of drama since the death of Steenkamp occured.
There is no doubt that Pistorius shot and killed his girlfriend, Reeva Steenkamp on Valentine’s Day of 2013, but Pistorius believed she was an intruder and he was acting in self defense. The prosecution led by Gerrie Nel, during the grueling trial sought out to prove that Pistorius killed Steenkamp after an argument the two had early in the morning, but Judge Masipa refuted the state's evidence and chose to believe Pistorius' version of events.
The South African judge asked Pistorius to stand in front of the crowded North Gauteng High Court Room as she pronounced her verdict. Wearing a black suit, with a white shirt and tie, Pistorius looked directly ahead as the verdict was read.
Judge Masipa repeatedly called Oscar Pistorius "negligent" in her reading of the verdict, beleving that the Olympian acted not only negligently by opening fire into a locked bathroom without knowing who was inside, but also in picking up a loaded gun to investigate the noise he heard to begin with.
"A reasonable person with a similar disability would have forseen the possibility that the person behind the door would have been killed," said the Judge.
Judge Masipa also found Pistorius not guilty of two separate firearm charges stating that the state had "failed to establish beyond a reasonable doubt that the accused is guilty of firing a pistol through the sunroof of a car and therefore must be acquitted." Despite mulitple witnesses testifiying to the contrary on the former charge, he was also acquitted on illegal possesion of ammunition for the hollow point bullets used to kill Reeva Steenkamp.
In a deafening blow to Nel and the prosecution, Judge Masipa announced that the state’s case of premeditated murder which was composed of witness testimony by Pistorius’ neighbors as well as text messages sent back and forth between Pistorius and Steenkamp weeks before the murder, was simply unreliable.
In reading her verdict, Judge Masipa took the charge of premeditated murder, essentially finding Pistorius not guilty of the highest possible charge he faced that also had a maximum sentence of life in prison. Judge Masipa noted in her verdict that the state had to prove the case of premeditated murder beyond a reasonable doubt, meaning that there was absolutely no way that Pistorius’ version of events was true and she believed that there was no way to prove that either version was 100% accurate.
Interestingly, Judge Masipa read in her verdict that she believed Pistorius was a “poor witness”. Citing examples of his defiance on the stand especially upon being read witnesses’ testimony as well as many other oddities while he was on the stand. However, she also said that just because Pistorius was a poor witness, does not mean that his version of events was not true.
After the verdict was read in its entirety, Judge Masipa did not give a setence. Culpable homicide carries no strict sentence with it as it is considered a negligent offense and not an intentional one. Judge Masipa can sentence Oscar Pistorious to something as simple as probation or house arrest, or up to 15-years in prison if she feels inclined.
More than likely following the verdict today, the prosecution will appeal the Judge's decision to a higher court, in which they will push for a reversal of the decision that Pistorius is not guilty of the lesser charge of murder.
Whether or not Pistorius was free to walk out of the courtroom on Friday, or go immediately into custody was a point of contention by both lawyers in the coutroom. Pistorius' defense attorney, Barry Roux, moved for Pistorius to be free on bail while awaiting sentencing so he could continue to live in the home of his uncle.
"I think it is premature to think of a likely sentence in this case," Mr. Roux said. "There is no reason not to allow him out on bail."
The prosecution disagreed however, believing that if Pistorius was let free, knowing that he might potentially be sentenced to 15 years in prison, that he might try to commit suicide rather than go to prison. Mr. Nel, asked instead that Pistorius be taken into custody and not be released on bail.
Pistorius was instead taken into a holding cell located within the courthouse as Judge Masipa deliberates on whether or not to release Pistorius on bail or take him into custody. He was still in the holding cell as the court adjourned for the weekend.
© 2024 Latin Times. All rights reserved. Do not reproduce without permission.
