A seven-month trial that has gripped the nation of South Africa finally comes to an end. Paralympic athlete Oscar Pistorius
on Tuesday 21st October, 2014, learned his sentence for shooting dead his girlfriend on Valentine's Day last year. The final decision was good for both parties, reflecting the wisdom of the presiding judge.
Pistorius' fate lied in the hands of Judge Thokozile Masipa, who announced her decision after the prosecution called for 10 years in jail and the defence pleaded for house arrest and community service.
The judge last month acquitted the double amputee sprinter of the more serious charge of murder over Reeva Steenkamp's death. But she found him guilty of culpable homicide, for which the punishment can range from a fine to jail time.
Below is how the final court ruling panned out: Courtesy Yahoo news.
07:12 GMT - WELCOME to AFP's live report on the sentencing of Oscar Pistorius for the killing of his girlfriend Reeva Steenkamp on Valentine's Day last year.
Judge Thokozile Masipa has heard prosecution calls for the Paralympian to be jailed for 10 years, while defence lawyers have pleaded for house arrest and community service.
The judge last month acquitted the double amputee sprinter of the more serious charge of murder but found him guilty of culpable homicide, for which the punishment can range from a fine to up to 15 years in jail.
Her decision due Tuesday comes after several days of sentencing hearings and ends a seven-month trial that has gripped the nation.
07:16 GMT - Media scrum - AFP's Stephanie Findlay is at Pretoria's Gauteng High Court where she says media line the hallway inside the courthouse, waiting for Pistorius to arrive.
"The security is increased, as it was last week, with an extra scanner at the courtroom door," she says. "Paramedics are carrying a stretcher past the throng of media.
"Pistorius's defence lawyer Barry Roux arrives at the courthouse, looks stern and does not flash his trademark grin at reporters."
07:20 GMT - Pistorius arrives - Pistorius has arrived in court and, after talking to his lawyers, is now giving his dad Henke a big hug. The runner looks anxious and shaky, taking big, nervous breaths.
The courtroom is packed, with members of the public trying to get inside. Security is boosted, with an extra scanner at the door and security guards with metal-detecting wands.
Pistorius arrives in court
07:23 GMT - Family gathering - Members of the Pistorius family have arrived in the courtroom and are waiting in line to go inside.
"A woman wearing a pink pantsuit is handing (Pistorius's) Uncle Arnold and Aunt Lois some white roses," Stephanie Findlay tells us.
"Family and media alike have dressed formally today, the overall feel is that of a wedding, or funeral."
07:29 GMT - State appeal - There are rumours the state will today announce its intention to appeal Judge Masipa's decision, on her interpretation of murder.
Should the state decide to appeal, they will hold a press conference outside court after the sentencing decision.
07:30 GMT - SENTENCING HEARING BEGINS
07:34 GMT - Pistorius in dock - Pistorius is sitting in the dock, stone-still and occasionally clenching his jaw. He looks like he's about to be sick.
Judge Masipa begins the hearing by reminding the court that the final decision rests entirely with her:
"Although I'm sitting with two assessors in this matter, the decision on sentencing is mine alone," she says, adding: "Sentencing is about achieving the right balance."
07:37 GMT - 'Imperfect' process - "Finding an appropriate sentence is a challenge faced in our courts daily as sentencing is not a perfect exercise," says Judge Masipa.
"What complicates this even more is there may be more than one appropriate sentence in a particular case."
Quoting case law, Masipa describes sentencing as an "imperfect" and "imprecise" procedure.
07:44 GMT - Steenkamp family - Steenkamp's father Barry is watching Judge Masipa with his hand on his chin. Her mother June, wearing a white shirt and red lipstick, is looking at her with a stern expression.
The couple arrived in court earlier arm in arm, appearing relaxed and in good spirits.
07:47 GMT - Sentencing option - "According to Mr Margina, the accused in this matter would benefit from correctional supervision as a sentence option," said Judge Masipa, recapping last week's sentencing evidence.
07:50 GMT - 'Personal circumstances' - "The courtroom is completely silent save for Judge Masipa's measured voice and the clatter of reporters typing on their laptops," AFP's Stephanie Findlay tells us. "The Pistorius family looks solemn as they listen to the sentence."
The judge now turns her attention to "the personal circumstances of the accused".
"The accused is 27 years old, a double amputee, single with no dependants," says Judge Masipa.
"An athlete by profession, he is currently not employed and has no income. He also has no property as he sold his properties to cover the cost of the trial."
07:57 GMT - Community service - Judge Masipa is recalling the evidence of defence witness and medical expert Wayne Derman, who testified in a previous hearing about the pain and discomfort Pistorius's stumps cause him.
"Arguing the accused was seriously vulnerable and prison would not be able to cater… for the accused, counsel submitted that the suitable sentence for the accused in this matter would be a community service sentence of three years," says Judge Masipa.
"While taking note of the evidence of Mr Maringa, I was not impressed at all by Mrs Vergeer as a witness. Though an expert in the matter, her evidence did not inspire any confidence," she adds, referring to a parole officer who testified.
Judge recaps evidence
07:57 GMT - Community service - Judge Masipa is recalling the evidence of defence witness and medical expert Wayne Derman, who testified in a previous hearing about the pain and discomfort Pistorius's stumps cause him.
07:59 GMT - 'Slapdash' evidence - AFP's Andrew Beatty explains: "Judge Masipa not very complimentary about evidence from parole officer Annette Vergeer, who warned that Pistorius may be gang raped in jail.
"The judge at various points described her evidence as 'slapdash', 'disappointing', having a 'negative impact', 'sketchy', 'outdated', 'uninformed', 'generalised', 'negatively biased' and 'perfunctory'."
08:06 GMT - Prisons 'equipped' - The judge says she is confident that South Africa's prisons are able to cater for Pistorius, a double-amputee who needs psychological care.
"I am satisfied that the correctional services department is equipped to deal with people with special needs," she says.
Pistorius's disabilities would not be an "insurmountable challenge" to the correctional services, Masipa says, another blow to the athlete's defence.
08:08 GMT - Pregnancy analogy - Pistorius is rigid in the dock, almost petrified.
Judge Masipa makes an analogy between Pistorius and a pregnant women.
Though a pregnant woman is vulnerable, she is still sent to prison if necessary, says Judge Masipa, asking why should Pistorius be any different?
"It would be a sad day for this country if an impression were to be created that there was one (rule) for the poor and disadvantaged and another for the rich and famous," she adds.
08:11 GMT - 'Vulnerability' case - Judge Masipa criticises the defence, who described Pistorius as a "victim" in its closing arguments last week.
She says she felt there was "overemphasis on the accused vulnerability", adding: "Yes the accused is vulnerable, but he also has excellent coping skills."
How vulnerable?
08:15 GMT - Shots fired - Judge Masipa is now discussing the gravity of Pistorius's crime.
"It would have been different if he had just heard a noise if he had assumed something, maybe a stray animal was in the toilet, in this instance the evidence shows that he thought an intruder was behind the door," says Judge Masipa.
"Using a lethal weapon, a loaded firearm, the accused fired not one, but four shots into the door.
"The toilet was a small cubicle and there was no room for escape for the person behind the door."
08:17 GMT - No retribution - Judge Masipa says South Africa is no longer in a dark "eye for an eye" era.
"The element of retribution, historically important, is by no means absent from the modern approach," she says. "It is not wrong that the natural indignation of interested persons and the community at large should receive some recognition."
Pistorius's lawyer Brian Webber is leaning forward in his chair to listen to the judge's decision.
08:22 GMT - 'Vivacious' Reeva - Barry Steenkamp bows his head as Judge Masipa describes Reeva as "young, vivacious and full of life".
"The loss of life cannot be reversed, nothing I say or do today can reverse what happened on the 14 February 2013 to the deceased and to her family," the judge says.
"Hopefully this sentence should provide some sort of closure for the family and for all concerned so they can move on in their lives," she adds, moving to her conclusion.
08:26 GMT - Case law - Judge Masipa is discussing another culpable homicide case where the accused was sentenced to house arrest.
In The State v Warren Vorster case, Vorster got three years' imprisonment, suspended for five years. He also got 300 hours of community service.
"Pistorius, who has been immobile throughout the morning, clenches his jaw, sending a ripple of tendons up his cheek to his temple," AFP's Stephanie Findlay tells us.
08:27 GMT - Pistorius 'pale' - More from Stephanie on the atmosphere in the court: "Pistorius, from where I am in the public gallery is looking more and more like he is going to break down. Colleagues watching on television say they are seeing the same thing.
"His face is visibly pale, almost yellow, in contrast to when he showed up to his sentencing hearing last week, tanned and relaxed."
08:32 GMT - Negligence factor - Judge Masipa dismisses the defence's claim that the Pistorius case is similar to Vorster, arguing Pistorius's four shots into a small toilet cubical was worse.
"In the Voster case only one shot was fired," says Judge Masipa. "In contrast, the accused fired four shots into the door.
"The degree of negligence in this matter is such that the sentence as suggested by Mrs Vergeer and Mr Maringa would not be appropriate."
June Steenkamp turns and whispers something to her friend. Pistorius furrows his brow, almost closes his eyes in the dock.
08:34 GMT - 'Wrong message' - Judge Masipa says any punishment should ultimately "rehabilitate" the accused and help him "become a useful member of society".
"I have considered all the evidence placed before me," she says. "I have weighed all the relevant factors.
"I have also taken into account the seriousness of the offence which led to the death of the deceased.
"I have taken the particular circumstances of the accused at the time of the offence into account."
"I am of the view that a non-custodial sentence will send a wrong message to the community," said adds, looking up at the public gallery.
08:36 GMT - JUDGE SENTENCES PISTORIUS TO MAXIMUM FIVE YEARS IN JAIL
08:39 GMT - Jail sentence - Pistorius appears tense in the dock, different veins are bulging in his forehead.
"Mr Pistorius please rise," says Judge Masipa. "The following is what I consider to be a sentence that is just, both to society and the accused. Count one, culpable homicide, the sentence imposed is five years."
Pistorius is standing, looks pale, nods slightly as Judge Masipa reads out her sentence.
"The sentence imposes three years' imprisonment, wholly suspended," she adds, with reference to a separate gun offence.
08:37 GMT - JUDGE HANDS DOWN THREE-YEAR SUSPENDED SENTENCE FOR GUN OFFENCE
08:43 GMT - Pistorius exits - Judge Masipa says she is going to adjourn and thanks counsel. As the court adjourns, Pistorius turns to look at his family, then back to the public gallery.
He takes the hands of his family as he is led by police down into the dock to go into jail.
Pistorius taken to cells
08:55 GMT - Steenkamp lawyer - The Steenkamp's lawyer Dup de Bruyn tells AFP that the sentence Judge Masipa handed down will likely be served as two years in prison and three years under house arrest.
"In effect he gets three years correctional supervision and two years direct imprisonment," says De Bruyn, adding that Steenkamp's parents are pleased with the decision: "They feel its right, they are very welcome to the judgement."
Pretoria (AFP) - 09:00 GMT - Father 'glad' - Reeva Steenkamp's parents leave the courtroom. When asked how he felt now that the trial is over, Barry Steenkamp says "I'm very glad."
Pistorius should get community service, says prison official AFP
"Pistorius's brother Carl talks to a young member of the defence team while the athlete's father Henke stands with one of his lawyers, looking forgone and confused.
There is no indication of an appeal by either party.
This is good news for both Pistorius and the family of the disease. Looks like judge Masipa did both a thorough work and a good job.
No comments:
Post a Comment
Discuss