[Published: Friday September 12 2014]
Pistorius guilty of culpable homicide, SA court
Pretoria, 12 Sep - (ANA) - South African athlete Oscar Pistorius has been found guilty of culpable homicide after the judge found he killed his girlfriend by mistake. Judge Thokozile Masipa said the athlete acted "negligently" when he fired shots through a toilet door but in the "belief that there was an intruder".
She said the state had failed to prove he intended to kill Reeva Steenkamp. He was also found guilty on a charge of negligently handling a firearm that went off in a restaurant. Correspondents say that following the verdicts, Pistorius sat, rubbed his face and slumped briefly forward.
There was not much emotion in court because everyone knew that verdict was coming. The disgraced sprinter now faces a jail sentence of up to 15 years, although legal experts suggest seven to 10 years is more likely when sentence is passed in a couple of weeks.
The double amputee had denied murdering Ms Steenkamp after a row on Valentine's Day last year, saying he shot her by mistake.
With this the judge agreed, saying "it cannot be said that the accused did not entertain a genuine belief that there was an intruder".
But she said: "The accused knew there was a person behind the toilet door, he chose to use a firearm.
"I am of the view the accused acted too hastily and used too much force. It is clear his conduct is negligent."
Pistorius was convicted on an unrelated firearms charge - negligently handling a firearm that went off in a crowded restaurant.
He was acquitted of another charge of firing a gun in public, through the sunroof of a car, and of a charge of illegal possession of ammunition in the home where he killed Ms Steenkamp.
Verdict What it means Sentence
Premeditated murder - acquitted
Intended and planned to unlawfully kill Reeva Steenkamp, or an intruder
Mandatory life term - 25 years before parole
Common-law murder - acquitted
Unlawfully intended to kill in the heat of the moment but without "malice aforethought". Either: Shot door intending to kill, or knew someone might be killed and still fired gun
Minimum of 15 years up to 20 years, at judge's discretion
Culpable homicide (manslaughter) - guilty
No intention to kill. Takes into account disability, but actions negligent and not in keeping with a reasonable person
Maximum of 15 years, possibly between seven and 10 years
Discharging a firearm in public - guilty of restaurant charge, acquitted over sunroof incident
Two counts for allegedly firing a gun through a car sunroof and discharging a gun at a restaurant
A fine or up to five years - for each charge
Illegal possession of ammunition - acquitted
In possession of .38 bullets for which he has no licence
A fine or up to 15 years
FA/ANA/12 September 2014----------- |