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You can find the current article at its original source at http://www.theguardian.com/world/live/2015/nov/03/oscar-pistorius-appeal-state-seeks-murder-conviction-live
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| Oscar Pistorius appeal: judge says Steenkamp 'had nowhere to hide' – as it happened | Oscar Pistorius appeal: judge says Steenkamp 'had nowhere to hide' – as it happened |
| (7 months later) | |
| 1.37pm GMT | 1.37pm GMT |
| 13:37 | 13:37 |
| Latest news story | Latest news story |
| Our news story leads on comments made by Pistorius defence lawyer Barry Roux after the court adjourned. Roux was inadvertently recorded telling his opposite number “I am going to lose”, though the context of the quotes or whether Roux was referring to a point of law, the appeal as a whole or an unrelated matter was not immediately clear. | Our news story leads on comments made by Pistorius defence lawyer Barry Roux after the court adjourned. Roux was inadvertently recorded telling his opposite number “I am going to lose”, though the context of the quotes or whether Roux was referring to a point of law, the appeal as a whole or an unrelated matter was not immediately clear. |
| We’re wrapping up our coverage now. Thanks for reading. | We’re wrapping up our coverage now. Thanks for reading. |
| Updated | Updated |
| at 10.58pm GMT | at 10.58pm GMT |
| 11.35am GMT | 11.35am GMT |
| 11:35 | 11:35 |
| Closing summary | Closing summary |
| Claire Phipps | Claire Phipps |
| The state’s case | The state’s case |
| He had defences that exclude each other … The one he elected to use, the court rejected that one and gave him another one. | He had defences that exclude each other … The one he elected to use, the court rejected that one and gave him another one. |
| The court should have rejected his evidence as impossible … | The court should have rejected his evidence as impossible … |
| On the objective facts, the accused cannot escape a verdict of murder. | On the objective facts, the accused cannot escape a verdict of murder. |
| The defence case | The defence case |
| There was no place to hide in there … If you put four shots through that door you must surely see you will shoot someone. | There was no place to hide in there … If you put four shots through that door you must surely see you will shoot someone. |
| Why would he just want to murder someone in the toilet, knowing she’s in the bedroom? | Why would he just want to murder someone in the toilet, knowing she’s in the bedroom? |
| What happens next? | What happens next? |
| The appeal court has reserved its judgment; it has not given a date for this to be revealed. | The appeal court has reserved its judgment; it has not given a date for this to be revealed. |
| The ruling will rely on a majority decision among the five judges, several of whom argued today that the bench was indeed entitled to impose its own verdict (rather than simply order a retrial) should it accept the state’s argument. | The ruling will rely on a majority decision among the five judges, several of whom argued today that the bench was indeed entitled to impose its own verdict (rather than simply order a retrial) should it accept the state’s argument. |
| The judges could reject the state’s appeal, order a retrial (although there was no appetite for that expressed by any side today), or substitute a new verdict. | The judges could reject the state’s appeal, order a retrial (although there was no appetite for that expressed by any side today), or substitute a new verdict. |
| If the appeal court decides to impose a guilty verdict on the murder charge, the case would return to the high court for a fresh sentence. | If the appeal court decides to impose a guilty verdict on the murder charge, the case would return to the high court for a fresh sentence. |
| Oscar Pistorius remains under house arrest at his uncle’s house in Pretoria. | Oscar Pistorius remains under house arrest at his uncle’s house in Pretoria. |
| 11.02am GMT | 11.02am GMT |
| 11:02 | 11:02 |
| Given the judges’ stern questioning of both parties, it is hard to draw a conclusion about who will be feeling most optimistic after today’s hearing. But many in Bloemfontein report that the state – and the Steenkamp family and supporters – appear upbeat: | Given the judges’ stern questioning of both parties, it is hard to draw a conclusion about who will be feeling most optimistic after today’s hearing. But many in Bloemfontein report that the state – and the Steenkamp family and supporters – appear upbeat: |
| Consensus outside the court room is that this went firmly in the state's favour #OscarPistorius | Consensus outside the court room is that this went firmly in the state's favour #OscarPistorius |
| June Steenkamp goes and greets Gerrie Nel with a big hug after the Supreme Court of Appeal #OscarPistorius hearing | June Steenkamp goes and greets Gerrie Nel with a big hug after the Supreme Court of Appeal #OscarPistorius hearing |
| #PistoriusAppeal on the basis of proceedings today - prosecution has a good chance of winning according to a retired judge I just spoke to | #PistoriusAppeal on the basis of proceedings today - prosecution has a good chance of winning according to a retired judge I just spoke to |
| Updated | Updated |
| at 11.07am GMT | at 11.07am GMT |
| 10.48am GMT | 10.48am GMT |
| 10:48 | 10:48 |
| Judgment is reserved | Judgment is reserved |
| The arguments are over and court is adjourned. | The arguments are over and court is adjourned. |
| Judgment is reserved but no date given. | Judgment is reserved but no date given. |
| I will post a summary of the hearing’s key developments shortly. | I will post a summary of the hearing’s key developments shortly. |
| 10.47am GMT | 10.47am GMT |
| 10:47 | 10:47 |
| Leach asks if Masipa’s finding that Pistorius believed there was an intruder binds the current court. | Leach asks if Masipa’s finding that Pistorius believed there was an intruder binds the current court. |
| The finding was wrongly made, Nel says. | The finding was wrongly made, Nel says. |
| Was there a genuine threat, and what was the alternative action, Nel says. The trial court did not ask or answer these questions. | Was there a genuine threat, and what was the alternative action, Nel says. The trial court did not ask or answer these questions. |
| 10.46am GMT | 10.46am GMT |
| 10:46 | 10:46 |
| The judges have further questions for Gerrie Nel. | The judges have further questions for Gerrie Nel. |
| Why did Pistorius fire, Nel is asked. | Why did Pistorius fire, Nel is asked. |
| Nel says we don’t need to know why he shot. The point is that he did shoot. | Nel says we don’t need to know why he shot. The point is that he did shoot. |
| 10.44am GMT | 10.44am GMT |
| 10:44 | 10:44 |
| Pistorius was “scared, really scared”, says Roux. Why would he have fired the shots? There is no reason unless he is genuinely afraid for his life. | Pistorius was “scared, really scared”, says Roux. Why would he have fired the shots? There is no reason unless he is genuinely afraid for his life. |
| And that’s it from Roux. He sits down. | And that’s it from Roux. He sits down. |
| 10.42am GMT | 10.42am GMT |
| 10:42 | 10:42 |
| We can’t simply give everyone with an anxiety disorder the right to shoot, says a judge. Roux agrees, says #OscarPistorius is being punished | We can’t simply give everyone with an anxiety disorder the right to shoot, says a judge. Roux agrees, says #OscarPistorius is being punished |
| 10.41am GMT | 10.41am GMT |
| 10:41 | 10:41 |
| Roux swings the focus on to Pistorius’ personality. He wants to talk about the “two Oscars” – one the famous athlete, the other an anxious, vulnerable person. | Roux swings the focus on to Pistorius’ personality. He wants to talk about the “two Oscars” – one the famous athlete, the other an anxious, vulnerable person. |
| The defence previously told the high court that a report by a clinical psychologist, following a 30-day mental health evaluation ordered by the court, described a | The defence previously told the high court that a report by a clinical psychologist, following a 30-day mental health evaluation ordered by the court, described a |
| split in his personality … the one a vulnerable, scared disabled person; the other a strong physical person achieving beyond expectation and finding reward for it both intra-physically and interpersonally. | split in his personality … the one a vulnerable, scared disabled person; the other a strong physical person achieving beyond expectation and finding reward for it both intra-physically and interpersonally. |
| Pistorius’ state of mind is key, Roux says. | Pistorius’ state of mind is key, Roux says. |
| He should not have fired four shots. He should not have fired shots at all. | He should not have fired four shots. He should not have fired shots at all. |
| But case law tells us we cannot isolate the actions from who the person is, Roux adds. | But case law tells us we cannot isolate the actions from who the person is, Roux adds. |
| 10.33am GMT | 10.33am GMT |
| 10:33 | 10:33 |
| Majiedt says the court has heard all the evidence. If it finds for the state, why would it be in anyone’s interest – including the accused – to have a retrial? Why shouldn’t this court substitute its own verdict? | Majiedt says the court has heard all the evidence. If it finds for the state, why would it be in anyone’s interest – including the accused – to have a retrial? Why shouldn’t this court substitute its own verdict? |
| Now Judge Mhlantla weighs in with more legal precedent on when and why the appeal court can substitute its own verdict. Leach too. Roux is being pressed very hard. | Now Judge Mhlantla weighs in with more legal precedent on when and why the appeal court can substitute its own verdict. Leach too. Roux is being pressed very hard. |
| 10.24am GMT | 10.24am GMT |
| 10:24 | 10:24 |
| Judge Majiedt asks Roux why the defence submits that – if the appeal court finds the law was misapplied – this court cannot substitute its own verdict: | Judge Majiedt asks Roux why the defence submits that – if the appeal court finds the law was misapplied – this court cannot substitute its own verdict: |
| Why … in the interest of justice can this court not give the judgment that ought to have been given? | Why … in the interest of justice can this court not give the judgment that ought to have been given? |
| The defence argument is that there would need to be a retrial, Roux says. | The defence argument is that there would need to be a retrial, Roux says. |
| Majiedt says a retrial is not an ideal option, “given all that has gone before”. He doesn’t clarify – he’s perhaps referring to the televising of the original trial? It’s unclear. | Majiedt says a retrial is not an ideal option, “given all that has gone before”. He doesn’t clarify – he’s perhaps referring to the televising of the original trial? It’s unclear. |
| But the judge says he does not understand Roux’s argument that this court could not reach its own verdict. | But the judge says he does not understand Roux’s argument that this court could not reach its own verdict. |
| 10.17am GMT | 10.17am GMT |
| 10:17 | 10:17 |
| Roux says he would like to move on to his next point. | Roux says he would like to move on to his next point. |
| But Judge Leach would like to ask him another question, about Seekoei (I covered this earlier; it covers the state’s right to appeal to the supreme court). Roux says it’s not part of the defence case; there was general agreement earlier that it is no longer a useful law. | But Judge Leach would like to ask him another question, about Seekoei (I covered this earlier; it covers the state’s right to appeal to the supreme court). Roux says it’s not part of the defence case; there was general agreement earlier that it is no longer a useful law. |
| But he does dangle the question of double jeopardy – is this appeal giving the state a second chance after it failed to get the verdict it wanted? | But he does dangle the question of double jeopardy – is this appeal giving the state a second chance after it failed to get the verdict it wanted? |
| Updated | Updated |
| at 10.18am GMT | at 10.18am GMT |
| 10.12am GMT | 10.12am GMT |
| 10:12 | 10:12 |
| #PistoriusAppeal Leach:Do you accept this was an incorrect finding? R: I can't make that concession. Leach: We're here to argue not concede | #PistoriusAppeal Leach:Do you accept this was an incorrect finding? R: I can't make that concession. Leach: We're here to argue not concede |
| 10.10am GMT | 10.10am GMT |
| 10:10 | 10:10 |
| This is a compelling battle between Roux and Leach – the judge pushes Roux to concede that Masipa’s findings on the identity issue were wrong. Roux will not. | This is a compelling battle between Roux and Leach – the judge pushes Roux to concede that Masipa’s findings on the identity issue were wrong. Roux will not. |
| Once you accept that factual finding, Roux says, you cannot find Pistorius guilty of murder. | Once you accept that factual finding, Roux says, you cannot find Pistorius guilty of murder. |
| (His problem is that at least one of these judges does not appear to accept that this was a factual finding. The appeal court ruling relies on a majority decision among the five judges.) | (His problem is that at least one of these judges does not appear to accept that this was a factual finding. The appeal court ruling relies on a majority decision among the five judges.) |
| 10.02am GMT | 10.02am GMT |
| 10:02 | 10:02 |
| Roux says Masipa determined that Pistorius was wrong – this is why she found him guilty of culpable homicide. | Roux says Masipa determined that Pistorius was wrong – this is why she found him guilty of culpable homicide. |
| But Masipa did accept that he genuinely thought he was in danger and that he believed Steenkamp was in the bedroom. | But Masipa did accept that he genuinely thought he was in danger and that he believed Steenkamp was in the bedroom. |
| That is a factual finding, Roux argues. And given that: | That is a factual finding, Roux argues. And given that: |
| Why would he just want to murder someone in the toilet, knowing she’s in the bedroom? | Why would he just want to murder someone in the toilet, knowing she’s in the bedroom? |
| In that context, Masipa’s finding on dolus eventualis was correct, Roux argues. | In that context, Masipa’s finding on dolus eventualis was correct, Roux argues. |
| 9.58am GMT | 9.58am GMT |
| 09:58 | 09:58 |
| This helpful extract by reporter Nastasya Tay from Judge Masipa’s judgment shows its focus on the identity of Steenkamp. | This helpful extract by reporter Nastasya Tay from Judge Masipa’s judgment shows its focus on the identity of Steenkamp. |
| At least one of the judges on the bench today seem to be arguing that this was wrong – that dolus eventualis can apply regardless of the identity of the deceased. | At least one of the judges on the bench today seem to be arguing that this was wrong – that dolus eventualis can apply regardless of the identity of the deceased. |
| In evaluating #OscarPistorius’ dolus eventualis, Masipa references Reeva’s identity. Judge Leach says that’s wrong. pic.twitter.com/htDFJJ2mrx | In evaluating #OscarPistorius’ dolus eventualis, Masipa references Reeva’s identity. Judge Leach says that’s wrong. pic.twitter.com/htDFJJ2mrx |
| 9.56am GMT | 9.56am GMT |
| 09:56 | 09:56 |
| Roux finds a reference in his notes. Leach says it does not support the defence argument that Masipa made a factual finding that Pistorius genuinely believed there was an intruder. | Roux finds a reference in his notes. Leach says it does not support the defence argument that Masipa made a factual finding that Pistorius genuinely believed there was an intruder. |
| He didn’t know if it was a 12-year-old child or a man with a submachine gun, Leach says. | He didn’t know if it was a 12-year-old child or a man with a submachine gun, Leach says. |
| The fact that Pistorius was wrong is something else, says Roux. | The fact that Pistorius was wrong is something else, says Roux. |
| Did he believe that he was entitled to shoot in those circumstances, Leach asks. | Did he believe that he was entitled to shoot in those circumstances, Leach asks. |
| He thought his life was in danger, Roux insists. He was vulnerable and on his stumps. | He thought his life was in danger, Roux insists. He was vulnerable and on his stumps. |
| 9.51am GMT | 9.51am GMT |
| 09:51 | 09:51 |
| Roux insists there was a factual finding by the trial court that Pistorius genuinely believed his life was in danger. | Roux insists there was a factual finding by the trial court that Pistorius genuinely believed his life was in danger. |
| Show me, says Judge Leach. | Show me, says Judge Leach. |
| Wow, Justice Leach not given Roux an inch, demands he "show him the factual finding," Roux forced to page through his notes #OscarPistorius | Wow, Justice Leach not given Roux an inch, demands he "show him the factual finding," Roux forced to page through his notes #OscarPistorius |
| #PistoriusAppeal Roux now frantically leafing through mountain of paperwork with multiple luminous sticky tabs | #PistoriusAppeal Roux now frantically leafing through mountain of paperwork with multiple luminous sticky tabs |
| 9.49am GMT | 9.49am GMT |
| 09:49 | 09:49 |
| Leach says the trial judge found Pistorius to be a “shocking” and “unreliable” witness, but then went on to accept his claim that he honestly believed his life was in danger, without evidence to support it. | Leach says the trial judge found Pistorius to be a “shocking” and “unreliable” witness, but then went on to accept his claim that he honestly believed his life was in danger, without evidence to support it. |
| He was armed with a firearm and went to confront the noise, Leach adds. | He was armed with a firearm and went to confront the noise, Leach adds. |
| Roux asks, do we think he is lying? | Roux asks, do we think he is lying? |