Pistorius: Guilty or innocent?

Written By Unknown on Kamis, 11 September 2014 | 14.41

Oscar Pistorius is set to appear in court to face judgement over the killing of his lover Reeva Steenkamp.

The judge is set to hand down her verdict on the Oscar Pistorius case today. Picture: Getty Images Source: Getty Images

OSCAR Pistorius is set to learn his fate when judge Thokozile Masipa hands down her judgment in the long running murder trial.

The Paralympian is accused of killing his girlfriend Reeva Steenkamp on Valentine's Day last year in their home in Pretoria, South Africa.

The trial has been by judge alone, without a jury, and the verdict is expected to take several hours — and may even go into tomorrow before the Pistorius, and the world, know whether he is guilty or not guilty of murdering Steenkamp.

5.34pm

The court is now in session and the Judge will begin her judgement.

5.14pm

It's almost a full house in the courtroom, with the Pistorius and Steenkamp families, prosecution and defence teams in place.

5pm

Oscar Pistorius has arrived at court surrounded by supporters and dozens of journalists.

Pistorius's father has also arrived at court, a few minutes earlier than his son. He told waiting media he was "just here to support his son" and didn't want to comment further.

Reeva Steenkamp's parents are already in the courtroom, which is slowly filling up in anticipation of the verdict. It will begin in about 20 minutes.

Carl Pistorius, Oscar's brother, is also in court. There had been speculation he would not attend, after being seriously injured in a car accident, but arrived in a wheelchair and was quickly taken inside.

Oscar Pistorius and Reeva Steenkamp. Picture: Channel 7 / Sunday Night Source: Supplied

The case — dubbed the trial of the century — heard the man known as 'Blade Runner' claims he mistook Ms Steenkamp for an intruder, and shot through the bathroom door in self defence.

Oscar Pistorius says he didn't know his girlfriend Reeva Steenkamp was in the bathroom when he shot through the door. Picture: Getty Images Source: Getty Images

The prosecution says his actions were deliberate and premeditated; he planned to kill his girlfriend.

Pistorius faces four charges: murder, and three other firearms charges related to separate incidents.

The murder charge is complicated. Was it premeditated murder, murder without premeditation or culpable homicide, which is similar to manslaughter.

Oscar Pistorius shot and killed his girlfriend Reeva Steenkamp in his home in Pretoria, South Africa. Source: Supplied

Judge Masipa must decide if Pistorius truly believed there was an intruder in his home that morning. If the answer is yes then she must decide if that was a reasonable belief.

If so he would be guilty of culpable homicide in that he did not intend to kill Reeva Steenkamp but was reckless and negligent in firing though the toilet door.

If the she decides Pistorius did not truly believe there was an intruder in the house he would be guilty of murder and Judge Masipa must then decide if it was premeditated in that he knowingly intended to kill his girlfriend or made a deliberate decision to kill an intruder.

Reeva Steenkamp's mother June Steenkamp (right), and family friend Jenny Strydom react to evidence given during the trial. Picture: AP Source: AP

If he is found guilty of premeditated murder the mandatory sentence is life. Under South African law he could be considered for parole after 25 years.

If he is found guilty of murder without premeditation where there was no planning the judge has discretion to decide the sentence.

Culpable homicide or manslaughter is possible if Judge Masipa decides that he did not mean to kill his lover but was reckless and negligent in firing the gun into the locked toilet door. He could get 15 years.

And if Judge Masipa concludes that the Blade Runner made a mistake and his actions were reasonable he could be acquitted.


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