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Oscar Pistorius 'must receive psychotherapy' Oscar Pistorius family condemns failure to release him
(about 1 hour later)
Convicted South African athlete Oscar Pistorius has been ordered to undergo psychotherapy, by a judge-led panel which upheld a decision taken in August to block his release from prison. The refusal to free South African Olympic athlete Oscar Pistorius from prison on parole "flies in the face" of justice, his family has said.
The treatment should focus on the factors leading to the crime that he committed, an official statement said. On Monday, a judge-led panel upheld a decision taken in August to block his transfer to house arrest.
Pistorius shot dead his girlfriend Reeva Steenkamp at his home in 2013, saying he mistook her for a burglar. The panel also said Pistorius should undergo psychotherapy, but his family said he was already receiving it.
He was convicted of culpable homicide, or manslaughter, last year. The 28-year-old was sentenced to five years in prison last year for shooting dead his girlfriend Reeva Steenkamp.
The 28-year-old double amputee had hoped to be released in August after a parole board ruled that he could serve the rest of his five-year prison sentence under house arrest. High Court Judge Thokozile Masipa found him guilty of culpable homicide, or manslaughter.
However, Justice Minister Michael Masutha prevented the release, saying the decision had been taken prematurely. The 28-year-old double amputee had hoped to be freed in August after a parole board ruled that he could serve the rest of his five-year prison sentence under house arrest.
Firearm restrictions But the panel, led by Judge Lucy Mailula, ruled that Justice Minister Michael Masutha had acted correctly when he prevented the release on the grounds that it had been taken prematurely.
At the time of his intervention, Pistorius had been granted parole only six months into his five-year sentence.At the time of his intervention, Pistorius had been granted parole only six months into his five-year sentence.
Mr Masutha argued that the law states that an offender can only be considered for parole after serving one-sixth of his sentence, in this case 10 months. Mr Masutha had argued that the law states that an offender can only be considered for parole after serving one-sixth of his sentence, in this case 10 months.
On Monday, a panel, led by Judge Lucy Mailula, ruled that Mr Masutha had acted correctly. 'Media hype'
It said the parole board should again consider Pistorius' request to be placed under house arrest, or correctional supervision. In a statement, the Pistorius family said it was concerned about the "legality" of delaying his release.
The panel ruled that psychotherapy should be given "even if the offender is, indeed placed under correctional supervision", the prisons department said in a statement. "Time has now cured" Mr Masutha's concerns and it could not understand why the panel had referred the case back to the parole board rather than taking a decision, the statement said.
The offender should "be subjected to psychotherapy in order to address criminogenic factors of the crime he committed," it said. "The failure to give proper - and consistent - effect to the Correctional Services Act flies in the face of administrative justice," it said.
It also ruled that the parole board should consider imposing conditions restricting the use of firearms by the athlete, the statement added. "This experience leaves us with the uncomfortable conclusion that the public, political and media hype that was allowed to develop around Oscar's trial has undermined his right to be treated like any other prisoner - as per the prescripts of the Correctional Services Act."
Ms Steenkamp was killed after he fired multiple shots though a locked door on Valentine's Day 2013. Pistorius was "receiving regular and ongoing psychotherapy from not only his own psychologist, but also from prison psychologists and a social worker whose reports formed part of the parole decision process", the family added.
High Court Judge Thokozile Masipa acquitted him of murder last year, saying there was insufficient proof to convict him. The panel had ruled that Pistorius should "be subjected to psychotherapy in order to address criminogenic factors of the crime he committed", referring to behaviour that leads to criminality.
The prosecution has appealed against the acquittal and the case will be heard next month by some of South Africa's most senior judges. The psychotherapy should be given "even if the offender is, indeed placed under correctional supervision", it added.
Pistorius was born without the fibulas in both of his legs, and had surgery to amputate both below the knee while still a baby. The panel also ruled that the parole board should consider imposing conditions restricting the use of firearms by the athlete.
He went on to become one of South Africa's best-known sports stars, and was the first amputee to compete against able-bodied athletes at the 2012 London Olympics. The double amputee athlete said he mistook Ms Steenkamp for a burglar when he fired multiple shots though a locked door at her in his home on Valentine's Day 2013.
Judge Masipa acquitted him of murder, saying the prosecution had failed to prove the charge.
The prosecution has appealed against this acquittal and the case will be heard next month by some of South Africa's most senior judges.