Pistorius lawyers battle to avoid murder charges
Oscar Pistorius’s lawyers on Tuesday
fought to keep him from returning to jail
as state prosecutors argued for a murder
conviction in a combative appeal
hearing held just two weeks after he was
released.
The Paralympic sprinter was found
guilty last year of culpable homicide — a
charge equivalent to manslaughter —
after shooting dead his girlfriend Reeva
Steenkamp on Valentine’s Day in 2013.
During sharp exchanges between his
lawyer and the five judges at the
Supreme Court of Appeal in
Bloemfontein, the killing was again re-
lived in front of a packed courthouse
that included Steenkamp’s mother June.
At the crux of the appeal was how the
trial judge, Thokozile Masipa,
interpreted the principle of dolus
eventualis — awareness of the likely
outcome of an action — under which she
acquitted Pistorius of murder.
“(Judge Thokozile Masipa’s) analysis of
dolus eventualis seems to me to be
wrong,” Judge Eric Leach said.
“When he fired the bullets, did he know
there was somebody behind the door?
“We’re talking about intent.”
Pistorius’ lawyer Barry Roux battled
back, arguing that the original trial
verdict could not be challenged on its
factual findings.
“(The judge) was saying: ‘I cannot find it
under dolus eventualis… because my
factual finding is that when he fired the
shots thinking it was an intruder he
genuinely believed the deceased was in
the bedroom’.
“He genuinely believed he was in danger
and that’s why he fired.”
State prosecutor Gerrie Nel argued that
Pistorius should be convicted of murder
as he intentionally meant to kill whoever
was behind the toilet door into which he
fired four bullets.
“Firing through the door at torso level
into a small cubicle the foresight must be
that someone would die,” Nel said.
The court concluded the appeal hearing
before lunch, saying it reserved
judgement on the case without giving a
date when its decision would be
announced.
– House arrest –
Pistorius, 28, was released on October 19
— just one year into his five-year jail
term — to spend the remainder of his
sentence under house arrest at his
uncle’s mansion in Pretoria.
If he was found guilty of murder, he
would face a minimum of 15 years in
prison.
Pistorius, who has not been seen in
public since his release, did not attend
the hearing.
“I’m here to support Gerrie Nel and the
team,” Reeva’s mother June Steenkamp,
sitting in court, told AFP.
“We are saying he must stay in jail,”
said Khosi Mojapi, a 33-year-old
member of the African National Congress
Women’s League, outside the court
building.
“We say stop abusing women.”
A lone Pistorius supporter held a sign
reading “Hands off Oscar Pistorius, Give
Oscar Pistorius a break.”
“We need to ensure everybody gets a
second chance at life,” said Tokelo
Africa, wearing a white fedora and navy
suit.
Legal experts said it was difficult to
predict the outcome of the appeal given
the unexpected — and sometimes
unprecedented — legal twists and turns
that have characterised the high-profile
case.
The court could alter the original trial
verdict, and send the case back to the
high court for a new sentence.
If the judges uphold the state’s appeal
and find Pistorius guilty of murder, he
could have just 48 hours to prepare for a
return to prison.
Pistorius may also make his own appeal
to South Africa’s Constitutional Court —
the country’s highest court.
But defence lawyers have previously
said Pistorius could not afford further
legal battles, having already paid huge
legal bills.
Pistorius shot Steenkamp, a model and
law graduate, at the peak of his fame,
following his historic performance in
2012 when he became the first double-
amputee to race at Olympic level.
In the shooting’s aftermath, he lost his
glittering sports career, lucrative
contracts and status as a global role
model for the disabled.
His release on house arrest after serving
one-sixth of his sentence was in line
with normal treatment of South African
convicts, but was criticised by women’s
rights groups and many others in the
country.
Steenkamp’s family have said they may
wish to meet with Pistorius to help them
cope with her death.
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