BREAKING NEWS, Crime
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A SOUTH Africa Supreme Court of Appeal Court has found Oscar Pistorius guilty of the murder of Reeva Steenkamp, his late girlfriend. The court who gave the ruling on Thursday, December 3, set aside his original conviction for culpable homicide, saying there were errors of law and that on a proper appraisal of the facts, Pistorius should have been convicted not of culpable homicide on that count but of murder.
The court stated that in the interests of justice the conviction and the sentence imposed in respect thereof must be set aside and the conviction substituted with a conviction of the correct offence. The five judges, who were unanimous in their verdict, said Pistorius’ evidence and explanations for killing Steenkamp were “implausible” and he had “never offered an acceptable explanation” for firing four times through a closed door.
The court said Thokozile Masipa, original trial judge, had been wrong on several points of law, chief among them was her conclusion that Pistorius, fondly called Blade Runner, had not foreseen that his actions could kill somebody (dolus eventualis).
Justice Eric Leach, who read the leading judgement on behalf of his colleagues, said: “I have no doubt … the accused must have foreseen and therefore did foresee that whoever was behind that door might die.” The judges said it was clear that Pistorius had criminal intent in firing, and was, therefore, guilty of murder by dolus eventualis.
Pistorius, who was not at the court in Bloemfontein to hear the ruling, will have to appear at the high court in Pretoria for fresh sentencing by Masipa.
The appeal court, despite having ruled that Masipa, who presided over the original trial, had made several errors of law, nonetheless commended her role. “The fact that this court has determined that certain mistakes were made should not be seen as an adverse comment upon her competence and ability. The fact is that different judges reach different conclusions and, in the light of an appeal structure, those of the appellate court prevail. But the fact that the appeal has succeeded is not to be regarded as a slight upon the trial judge who is to be congratulated for the manner in which she conducted the proceedings,” the judges said.
In reaction to the ruling, Pistorius family members said they had taken note of the judgement and would have to study before making any comments.
Pistorius shot girlfriend Reeva Steenkamp, a model, four times through a locked toilet door on Valentine’s Day 2013, saying he mistook her for an intruder.
His jail term is yet to be decided but he faces up to 15 years in prison.
In October, Pistorius was allowed to move from prison, where he served a year of his original five-year sentence, to house detention.
— Dec 3, 2015 @ 12:20 GMT
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