Oscar Pistorius Found Guilty of Murder After Appeal
An appeals court in South Africa has convicted double-amputee sprinter Oscar Pistorius of murdering his live-in girlfriend, a ruling that could send him back to prison for up to 15 years.
The Supreme Court upgraded the 29-year-old Paralympian’s sentence on appeal to murder from “culpable homicide”, South Africa’s equivalent of manslaughter, for which he had received a five-year sentence.
Reading the verdict on behalf of a five-judge panel, Judge Eric Leach said the first verdict against Pistorius handed down by Judge Thokozile Maspia in September 2014 contained “fundamental errors”.
The Paralympic gold medallist, who was not present in court, now faces a minimum 15-year sentence for murder – although he could be released earlier on parole. “I feel so proud now that she’s got some respect and she hasn’t lost her life for nothing”. In acquitting Pistorius of murder, Masipa ruled that Pistorius could not have anticipated that someone might die before he shot four times through a door into a toilet cubicle, killing Steenkamp.
“I’m satisfied with everything now”, Barry Steenkamp said. That court date is expected to be next year.
South Africa’s National Prosecuting Authority has said he can remain there until sentencing occurs on his new conviction, most likely next year.
The BBC reports that Pistorius will now have to return to court to be re-sentenced.
Johann Engelbrecht, a criminal lawyer who is not involved in the Pistorius case, said it is doubtful the former athlete’s lawyers could challenge the murder conviction by appealing to the Constitutional Court.
Responding to the verdict, Pistorius’ family said their lawyers are studying the finding and will advise them on “options going forward”.
The appeal court said the concept had been incorrectly applied by Judge Masipa in the original trial.
Mr Leach said Pistorius’ decision to shoot at the toilet door without knowing if he was in danger was irrational- and that the identity of the person behind the door was irrelevant. Instead just short of a year following the conviction, he was released into the custody of an uncle to serve house arrest. He insisted he thought she was an intruder behind a door in his home. But Steenkamp’s mother, June, who has been a constant presence since the trial began, did. He has popularly been called the “Blade Runner” because of the prosthetic blades he used for running.
The case triggered fierce debate in South Africa about violence against women, and activists from the ruling ANC party’s women’s league packed the public benches throughout the long case.