12 Sep 2014

Pistorius guilty of culpable homicide

Oscar Pistorius is found guilty of the manslaughter of his girlfriend Reeva Steenkamp, but not murder, and walks out of court on bail until his sentencing next month.

Judge Thokozile Masipa said that Oscar Pistorius had acted unreasonably, and “negligently” when he fired his gun at the toilet door knowing that someone was behind it – regardless of who it was.

She said he was therefore guilty of culpable homicide, similar to the charge of manslaughter in the UK, but cleared him of premeditated murder and the lesser charge of murder.

Unlike Thursday, when he was in floods of tears, the Paralympic star was composed and contained his emotions as he stood up to be addressed by the judge. “On count one of murder, the accused is found not guilty and discharged. Instead he is found guilty of culpable homicide,” she said.

Oscar Pistorius murder charge - watch live

The double amputee now faces a maximum of 15 years in jail, but there is no minimum term, meaning he could be handed a suspended sentence which would allow him to avoid prison.

His fate was decided by one judge, with assistance from two assessors: there are no jury trials in South Africa.

In a brief statement, Pistorius’s uncle Arnold said that he was “deeply grateful” to the judge, but that there were “no victors” in this, extending his sympathies to the Steenkamp family. “We always knew the facts, and we never had any doubt in Oscar’s version of events,” he added.

The sentencing will be handed down on 13 October, and the judge extended his bail until then, saying she had not been convinced by the state’s arguments against it.

Prosecutor Gerrie Nel had pointed out that Pistorius’s family had expressed concern over his mental wellbeing after an incident in a nightclub in July, and that he had sold his properties. But Pistorius’s lawyer said he did so to pay for mounting legal costs.

Pistorius was staying with his uncle during the trial, and the judge asked that his lawyer Barry Roux ensure that there would be no “further complications” during his bail.

Pistorius had always admitted shooting his girlfriend Reeva Steenkamp, 29, in his Pretoria home in the early hours of Valentine’s day 2013, but said that he thought she was an intruder who had broken in through the bathroom window. Throughout the six-month trial, he has often been in tears, sobbing from his seat and throwing up into a bucket.

One law for the rich? Life for South Africa's elite

The judge said on Friday: “It cannot be said that the accused did not entertain a genuine belief that there was an intruder in his house.” She added that he had acted quickly after the incident to call for help and was seen to be very distraught immediately after.

On the murder charges, she referred to previous rulings to back up her decision, and said that much of the state evidence was “purely circumstantial”. “Moreover, evidence of various witnesses who gave evidence on what they heard and when… proved to be unreliable,” she added.

Pistorius account of what happened - clickable graphic

But she said the court found Pistorius guilty of culpable homicide because he had not acted “reasonably” during the incident and had been “negligent” in his use of a firearm.

“A reasonable person, with a similar disability, would have foreseen that the person behind the door would be killed, and the accused failed to take action to avoid this,” she said.

Firearms charges

The South African sports star was also found guilty of discharging a firearm in a restaurant, but was cleared two more firearms charge: shooting his gun out of a car sunroof and being in illegal possession of firearms.

On Thursday, the judge addressed the culpable homicide charge, saying that Pistorius had “failed to take any steps to avoid death”, that he acted “hastily” and used “excessive force”, but she adjourned court for the day before giving an official verdict.