Pistorius Verdict: The Judge's Key Remarks

Written By Unknown on Kamis, 11 September 2014 | 20.48

Calm, measured and without pomp or ceremony, Judge Thokozile Masipa took her time as she summed up the evidence in the trial of Oscar Pistorius.

There were several crucial observations from the judge throughout the hearing.

:: Judge Masipa said witnesses who claimed they heard gunshots from Pistorius's home had been "correctly criticised" as unreliable. She added that, in actuality, the noise they heard was a cricket bat hitting a door. On that basis, she excluded their testimonies.

:: She discussed Reeva Steenkamp's injuries after four gunshots were fired through the toilet door. The judge insisted that because the shots were fired in quick succession, "the deceased would have been unable to scream".

:: Judge Masipa said the state prosecution's case rested mostly on circumstantial evidence and not facts. This, in part, is because the timings given by witnesses did not match up to their phone records.

:: Other evidence thrown out by the judge included four WhatsApp messages, which the state claimed was proof that the athlete "dominated and scared" his model girlfriend.

:: Turning to the cross-examinations that Pistorius has given in recent months, Judge Masipa described the double amputee as an "evasive and very poor" witness.

:: After a short break, the judge rejected the defence's claims that Pistorius suffered from a mental disorder, and ruled he was capable of appreciating the wrongfulness of his actions.

She said Pistorius did have control over his actions and could distinguish between right and wrong – implying that she thought he had made a conscious decision to shoot.

:: Judge Masipa continued to compare how Pistorius acted with how a "reasonable man" would. She insisted it was not reasonable that he armed himself with a gun, and said "the accused clearly wanted to use the firearm".

:: However, in a blow to the prosecution, the judge ruled that "there were just not enough facts" to prove that Pistorius had committed premeditated murder.

:: Soon afterwards, Judge Masipa said there was nothing to suggest that Oscar Pistorius did not honestly believe there was an intruder in his home. She added: "At worst for him, he can be convicted of culpable homicide."

The judge ruled out negligence, but said there was "no doubt" that Pistorius had acted unlawfully on Valentine's Day last year.

:: Judge Masipa finished today's court hearing by telling Pistorius that "there were other means avail to you to deal with the threat".

She added: "All the accused had to do was pick up the phone and ring security, or run to the balcony and call for help."

The judge warned that his background was not an excuse for his conduct, as "other victims do not resort to sleeping with firearms under their pillows".

Judge Masipa concluded by saying that Pistorius "acted too hastily and used force", then adjourned for the day.


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