Family ‘positive’ as Oscar arrives

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OSCAR Pistorius will finally learn his fate tonight as a judge hands down her sentence over his killing of model girlfriend Reeva Steenkamp.

Judge Thokozile Masipa, who has presided over his case since March, is due to begin handing down her decision on the Blade Runner's sentence from 6.30pm (AEDT).

She will determine whether Pistorius heads to prison or is allowed to live at home, under house arrest, for killing Ms Steenkamp.

He arrived and made his way through a massive media scrum outside court to the courtroom.

His family told reporters outside the court they were staying positive.

The Steenkamp's lawyer Dup du Bruyn told Sky News: "The Steenkamp's are strong people. They are trying to stay strong. Inside, they are broken completely. They are wonderful people. There's one thing I must put on record, there is no such thing as any animosity between the two families whatsoever."

The sentencing tonight marks the end of a journey which began in the early hours of Valentine's Day 2013 when Pistorius, armed with a pistol and high-powered ammunition, fired four shots into the door of a toilet cubicle in his home, killing Ms Steenkamp in what the Prosecution

described as a horrific death.

Outside court, before the proceedings started, a protestor, dressed in orange garb and wearing chains, carried placards asking whether certain offenders were more equal before the law than others.

"Are certain offenders more equal than other offenders before the law if that is the case why are certain offenders more equal than others before the law, why?" he asked.

"No more talking about the criminal justice system, we are talking about the criminal injustice system."

"He cries like a baby, he screams like a woman but he shoots like a soldier," the man said of Pistorius.

Authorities were taking covering all eventualities. Before court, paramedics brought in a stretcher and medical gear.

If the disgraced Paralympian goes to prison, it will be to the Kgosi Mampuru II, formerly known as Pretoria Central Prison.

If he doesn't, he will likely be ordered to serve his term of house arrest living at his uncle Arnold Pistorius's palatial home, with lovely gardens and swimming pool in the exclusive Pretoria suburb of Waterkloof.

Cold and dark ... the visitors room at Kgosi Mampuru II Prison. Source: Supplied

Pistorius cannot serve his house arrest at his own home because he is penniless and broke, has sold all his properties and even his car and all his lucrative sponsors have dropped him like a hot potato.

For the duration of the trial he has lived with his uncle Arnold and aunt at their home. Each day in court they have sat in the front row, along with his sister Aimee and brother Carl.

Family ... Arnold and Lois Pistorius, Oscar's aunt and uncle at the North Gauteng High Court. Picture: Getty Source: Getty Images

Legal pundits in South Africa have been divided on what will happen to the former sporting icon who, with the world and the chance to become a multi-millionaire at his feet, lost everything by shooting dead his girlfriend in the toilet cubicle of his home.

Brotherly love ... Carl Pistorius, brother of Oscar Pistorius. Picture: Getty Source: Getty Images

Aimee Pistorius, sister of Oscar Pistorius. Picture: Getty Source: Getty Images

Last month, after a hotly-contested trial, Judge Masipa found Pistorius not guilty of premeditated murder but guilty of culpable homicide.

She accepted Pistorius' evidence, that he believed when he fired four shots into the door of the toilet cubicle in his home that there was an intruder inside and that he was protecting himself and Reeva, who he believed was still in bed at the time.

The State had argued that Pistorius chased Ms Steenkamp into the toilet after a blazing row and shot her dead deliberately, presenting him as hot-headed gun lover with a furious temper.

But Judge Masipa found there was not enough evidence to support that scenario and, in a controversial decision, found him guilty of the lesser charge. There is no minimum or maximum term for culpable homicide, leaving the discretion of sentence entirely to the Juge.

Legal analysts were evenly divided on whether she got it right or wrong at law in finding him guilty of the lesser charge. Some argued she was correct and that there was never enough evidence to prove he intended to kill Ms Steenkamp that fateful night. In her judgment,

Judge Masipa cited differing accounts from the witnesses, neighbours of Pistorius, about what they heard on the night.

Judge Thokozile Masipa reacts during the sentencing hearing of South African paralympic athlete Oscar Pistorius. Picture: AFP Source: AFP

Other analysts argued that he should have been convicted of murder in that he should have known that by firing four shots into the door he would kill whoever was behind it but that the State focused its case too much on proving he intended to kill Ms Steenkamp, rather than just

whoever was there.

The State is expected to appeal against the verdict meaning the saga could drag on for years to come.

There are plenty of examples in South Africa of those guilty of culpable homicide being treated leniently by the courts and police. A former South African rugby player, who shot dead his own daughter believing she was a thief stealing the car, was never even charged.

The State asked that Pistorius be jailed for 10 years, saying that society demanded this as a minimum term, and that Pistorius' negligence in the case bordered on intent and that he was "grossly negligent" in his actions.

Fighting hard for Oscar ... defence lawyer Barry Roux. Picture: Getty Source: Getty Images

Pushing for jail ... Chief State Prosecutor Gerrie Nel. Picture: AP Source: AP

The defence sought correctional supervision or house arrest for a period of three years, with 18 hours per month of community service, such as cleaning in a museum. They argued that he was genuinely remorseful for his actions, had desperately wanted to apologise to Ms Steenkamp's parents and had written emotional letters to them in the days after the shooting, but was advised, for legal reasons, not to pass them on.

In arguing against jail, the defence said that Pistorius disability would put him at risk in jail not equipped to deal with him.

Distraught ... June and Barry Steenkamp sit in court during the sentencing hearings for Oscar Pistorius. Picture: AFP Source: AFP

The State said house arrest would be a "shockingly disproportionate" sentence for what he did.

If he is sent to jail it will be to the Kgosi Mampuru II prison, formerly known as Pretoria Central, close to the centre of Pretoria and not far from the court building itself.

If he is given house arrest it will likely be to live at his uncle, Arnold Pistorius' home in the upmarket Pretoria suburb of Waterkloof.

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