Oscar Pistorius convicted of murder
It took an appeal to South Africa’s Supreme Court, but a sense of logic has prevailed in the upgraded murder conviction of Oscar Pistorius for shooting girlfriend Reeva Steenkamp to death.
In September 2014, Pistorius was found guilty of culpable homicide – a charge similar to manslaughter in the United States.
State prosecutors had appealed to the Supreme Court in Bloemfontein against the ruling of culpable homicide in the original trial.
Pistorius maintained that he shot Steenkamp, a former model, accidentally, because he believed an intruder had broken into their Pretoria home.
“What was an issue therefore was not whether the accused had foreseen that Reeva might be in the cubicle when he fired the fatal shots at the toilet door, but whether there was a person behind the door, who might possibly be killed by his actions”.
Mr. Pistorius, who gained worldwide fame as the first double-amputee to compete in Olympic sprinting competitions, claimed that he thought a burglar entered his bathroom in the early hours of Valentine’s Day in 2013.
The defence argues that Oscar Pistorius has already served the period of imprisonment imposed by the trial court, so the conviction should stand.
He added: “A young man overcomes huge physical disabilities to reach Olympian heights as an athlete”.
Judge Eric Leach says the wrong questions were asked when considering whether Pistorius is guilty of murder; dolus eventualis. Romance blossoms and then ironically, on Valentine s Day, all is destroyed when he takes her life.?
South African law does not make provision for someone to be placed under house arrest for more than five years, so Pistorius will be going back to prison, reports the BBC’s Pumza Fihlani in Johannesburg. Leach said Pistorius was responsible for the “Shakespearean” tragedy.
Describing evidence by Pistorius as “confused and contradictory” the court said he had gambled with that person’s life.
Pistorius was convicted of culpable homicide but cleared of murder.
His defense team could in theory appeal to the Constitutional Court of South Africa.
SYDNEY SESHIBEDI/REUTERS Pistorius occupied this cell in the Kgosi Mampuru II Correctional Centre before being released on parole.
South Africa’s National Prosecuting Authority has said he can remain there until sentencing occurs on his new conviction, most likely next year.
In a brief interview on a local television, Barry Steenkamp applauded the judgement as being fair. “We’ve got respect for Reeva, we’ve got respect for women, and I think there is a lack of respect for women in this country”.