Pistorius back in court for pre-sentencing arguments

JOHANNESBURG - Fallen paralympic hero Oscar Pistorius returns to court Monday at the start of his sentencing hearing after he was convicted of culpable homicide in the killing of his girlfriend, with his lawyers set to argue for leniency.

The double-amputee track star last month escaped a murder conviction in a verdict that shocked the country and fuelled criticism of South Africa's legal system.

Kicking off what is expected to be a lengthy sentencing process, the defence team will bring mitigation arguments before Judge Thokozile Masipa in the High Court in Pretoria. Prosecutors will follow by arguing for aggravating circumstances.

The process is expected to last up to four days, with Masipa then likely adjourning court and announcing her sentencing decision at a later date.

The "Blade Runner" could face as much as 15 years in one of South Africa's notoriously brutal prisons or could dodge a jail term altogether with a non-custodial sentence after being foundd guilty on the equivalent of a manslaughter charge, but not guilty of premeditated murder.

The court will begin by hearing defence witnesses testify on why Pistorius should not serve time behind bars.

They are likely to argue that the country's prisons are not suited for his disability and that the 2012 London Paralympics silver medallist is a first time offender.

Lawyer David Dadic said the defence will "heavily expand on their trial argument regarding Oscar's remorsefulness" in killing his girlfriend of Reeva Steenkamp.

"The biggest factor, however, which the defence will raise is, of course, the fact that Oscar is a first time offender," he added.

In turn, the state will call witnesses to testify on why he should serve the stiffest penalty, raising the issue of his history of negligence with firearms.

After the sentence is handed down, both the state and defence can appeal, a legal process likely to drag out for years.

In September, Judge Masipa ruled the 27-year-old did not knowingly shoot to kill 29-year-old model and law graduate Steenkamp on Valentine's Day 2013.

The sprinter admitted he fired four hollow point bullets through a locked toilet door in his upmarket Pretoria home, but said he believed he had been shooting at a burglar.

Masipa's ruling outraged many South Africans, including lawyers who believed she misinterpreted the definition of murder and questioned whether the justice system is failing the crime-plagued country.

Pistorius is currently out on bail of one million rand ($90,000). He had to sell his posh house inside a gated compound in Pretoria, the scene of the crime, to fund the cost of the trial, and has withdrawn from competitive sport since his arrest.

The trial which began on March 3 was broadcast live on television and radio, feeding insatiable local and international media interest.

The athlete cut a lonely figure in the dock, at some pointa sobbing and retching loudly while testifying.

source: www.abs-cbnnews.com

Pistorius guilty of culpable homicide

PRETORIA - Celebrity athlete Oscar Pistorius was found guilty on Friday of culpable homicide in shooting dead his glamorous girlfriend Reeva Steenkamp, a conviction that could result in a lengthy jail term.

A day after acquitting Pistorius of a more serious charge of murder, South African Judge Thokozile Masipa said that Pistorius had acted "negligently" when firing four hollow point rounds into a locked toilet door in the early hours of Valentine's Day 2013.

On the charge of murder, Masipa said: "the accused is found not guilty and is discharged, instead he is found guilty of culpable homicide."

"A reasonable person," Masipa continued, "would have foreseen that possibility that whoever was behind the door might be killed by the shots and would have taken steps to avoid the consequences and the accused in this matter failed to take those consequences."

The "Blade Runner" stared straight ahead as the conviction was read, showing little emotion.

From the gallery there was a sound of sniffles and shallow breaths of 29-year-old Steenkamp's friends crying, including Desi Myers whose lip trembled in anguish.

Steenkamp's father Barry ran his hand over his head while her mother June pursed her lips and shook her head.

The judge is expected to sentence Pistorius a few weeks from now and with no mandatory sentence for culpable homicide, Masipa will have a great deal of discretion over the punishment.

- Shock and relief -

Legal experts had earlier voiced surprise that Pistorius was found not guilty of murder, and predicted the case would likely not rest with the verdict.

Wits University criminal law professor James Grant said the state could appeal if they believe there has been an legal error.

"Everyone is a little surprised," said lawyer Audrey Berndt, zeroing in Masipa's finding that Pistorius could not have known that firing four hollow point bullets through the bathroom door would have killed someone.

"She should have explained her reasoning a little more" said Berndt.

Masipa -- whose career has taken her from a childhood in a poor Johannesburg township to the country's high court -- had described Pistorius as a "very poor witness" who was "evasive" when questioned.

Pistorius was also convicted of one of three gun charges.

Masipa said Pistorius was guilty of negligently handling a gun in restaurant, but acquitted him on two other firearm charges.

Pistorius was found guilty of asking to see a gun in Tasha's restaurant and while handling it under the table the firearm went off.

"He may not have intentionally pulled the trigger... that does not absolve him of the crime of negligently handling a firearm," said Masipa.

Pistorius, who had remained emotionless the whole morning, started clenching his jaw during the ruling.

Masipa had however cleared Pistorius on charges of illegally possessing ammunition, which the sprinter said belonged to his father.

She also said there was not enough evidence to suggest he was guilty of another count of shooting a gun through a car sunroof.

The trial, which has gripped South Africans and much of the world for half a year, has cast a harsh spotlight on the fallen hero's private life.

Full of high drama, the trial has fed intense media interest worldwide, with live broadcasts veering into the realm of TV reality.

During proceedings Pistorius has broken down, weeping and at times vomiting as he heard how his law graduate and model girlfriend's head "exploded" like a watermelon under the impact of his hollow-point bullets.

source: www.abs-cbnnews.om