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

Prosecutor: Pistorius 'using emotions as an escape'

PRETORIA - The prosecutor in the Oscar Pistorius murder trial on Monday accused the track star of using emotional breakdowns under cross-examination to evade answering questions about the night he killed his girlfriend.

The Olympic and Paralympic sprinter, who faces life in prison if convicted of murdering Reeva Steenkamp, says he shot the 29-year-old model in a tragic accident, firing at what he thought was an intruder hiding behind a locked toilet door.

The athlete has broken down numerous times during the 22-day trial, including retching into a bucket. He burst into tears again on Monday morning when recounting the moment he screamed at what he thought was a burglar, prompting the judge to call a 30-minute adjournment.

"Get the fuck out of my house! Get the fuck out of my house!" a trembling Pistorius said when asked to state precisely what he screamed at the perceived intruder.

He then burst into tears as family members in the public gallery rushed to comfort him.

Towards the end of the day, he again began to cry when answering questions about the immediate aftermath of the shooting.

State prosecutor Gerrie Nel, whose reputation as one of South Africa's toughest attorneys has earned him the nickname 'The Pitbull', said the athlete was just putting on an act to avoid having to answer his questions.

Nel questioned why Pistorius would get upset when being asked about whether he did or did not open doors leading from his bedroom to a balcony to shout for help minutes after the shooting.

"I cannot see how that can cause you to be emotional because you cannot remember how to open a door. We're not talking about Reeva," Nel said, referring to previous breakdowns, which have usually been when he describes the shooting.

"You're not using your emotional state as an escape are you?" Nel said, raising his eyebrows and shaking his head.

The murder trial has captivated South Africa and millions of athletics fans around the world who viewed Pistorius, known as the 'Blade Runner' because of the carbon-fiber prosthetics he uses on the track, as a symbol of triumph over adversity.

His disabled lower legs were amputated as a baby but he went on to achieve global fame, winning Paralympic gold medals and reaching the semi-finals of the 400 meters in the 2012 London Olympics against able-bodied athletes.

(Writing by Joe Brock; Editing by Angus MacSwan)

source: www.abs-cbnnews.com