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| Oscar Pistorius appeal: court rules if he is guilty of murder of Reeva Steenkamp – live | |
| (35 minutes later) | |
| 8.16am GMT08:16 | |
| Trial court made error in law | |
| This first issue goes in favour of the state, Leach says. The original trial court did make an error in law. | |
| He will now examine other points of the appeal. | |
| 8.15am GMT08:15 | |
| The issue is whether Pistorius could foresee that there was a person behind the door – whether Steenkamp or an intruder – who could die if he fired into it. | |
| The trial court misdirected itself on this legal issue, he says. | |
| 8.14am GMT08:14 | |
| “There was a further fundamental error,” Leach adds. | |
| He says Masipa’s verdict was premised upon an acceptance that Pistorius did not think Steenkamp was in the toilet and so he did not foresee that his actions could cause her death. | |
| A perpetrator does not need to know the identity of his victim, he says, but still intend to kill the person – he cites the example of an indiscriminate bomber. | |
| The key thing is that the perpetrator knows his actions could kill that person, whoever it is. | |
| 8.12am GMT08:12 | |
| Dolus eventualis 'wrongly applied' | |
| Leach says Masipa’s ruling was “confusing in various respects”. | |
| The point was whether Pistorius foresaw the possibility of death when he fired into the door. | |
| He says Masipa conflated the test of dolus eventualis with dolus directus in accepting that his argument that he did not know the person behind the door was Steenkamp meant he could not be guilty of murder. | |
| 8.07am GMT08:07 | |
| The wrongdoer does not have to see death as the probable outcome of his actions, but as a possibility, Leach says. | |
| He reads from Masipa’s verdict in which she concluded that Pistorius had not foreseen the possibility of death, and that he believed Steenkamp was in the bedroom. | |
| 8.05am GMT08:05 | |
| This court cannot interfere with the trial finding that the state failed to prove its case that Pistorius killed Reeva Steenkamp after an argument, Leach says. | |
| To prove murder, there must be proof of intention to kill (dolus). | |
| Dolus eventualis means the perpetrator foresees the possibility of death, but goes ahead with his action anyway, “gambling with the life” of the victim. | |
| 8.02am GMT08:02 | |
| The state may well feel justifiably aggrieved by the court acquitting someone when a conviction should have followed, says Leach. | |
| But an acquittal by a competent court based on findings of fact may not be questioned, he says. | |
| There would need to be errors of law. (The state has argued that Judge Masipa incorrectly applied the legal principle of dolus eventualis.) | |
| 8.00am GMT08:00 | |
| Leach is dealing with the original trial judge’s verdict: culpable homicide and a five-year sentence. | |
| This court needed to determine whether the principle of dolus eventualis was correctly applied in that trial, he says. | |
| 7.58am GMT07:58 | |
| Leach points out that Pistorius’ version of accounts changed a number of times: | |
| One really does not know what his explanation is for firing the fatal shots. | |
| He says there were “other implausible” elements to Pistorius’ version. But the state failed to show that there had been an argument between the couple. | |
| 7.56am GMT07:56 | |
| This ruling is not the quick, to-the-point explanation many were expecting. Leach is running through in some detail the events of 14 February 2013, the evidence, witnesses and Pistorius’ account. | |
| We are hearing again about the phone calls Pistorius made after the shooting. | |
| 7.53am GMT07:53 | |
| Leach now sets out the competing versions: the state said Pistorius and Steenkamp had an argument. The defence maintained that Pistorius believed there to be an intruder in his house. | |
| 7.53am GMT07:53 | |
| Leach is running through the accounts by witnesses of the moments after Steenkamp was shot. | |
| Pistorius was charged with her murder, he says. | |
| Much of what emerged at the trial was “common cause” – that is, state and defence agreed that Pistorius fired four times through the toilet cubicle door. | |
| 7.50am GMT07:50 | |
| Leach discusses the legal issue of whether the state was entitled to appeal to this court (the defence argued it was not). | |
| He says it was entitled. | |
| He now turns to the matter of the appeal itself. | |
| 7.47am GMT07:47 | |
| Leach says it is not disputed that Pistorius shot Steenkamp. | |
| He is now running through the trial process and says he will refer to Pistorius as “the accused” as he was throughout that time. | |
| He says he hopes the Steenkamp family will not mind if he refers to the victim as “Reeva”. | |
| 7.46am GMT07:46 | |
| Justice Eric Leach says he will read out the summary on behalf of the five-judge panel. | |
| He says this case is “a human tragedy of Shakespearean proportions”. | |
| 7.45am GMT07:45 | 7.45am GMT07:45 |
| Court is in session | Court is in session |
| The judges have arrived. | The judges have arrived. |
| 7.41am GMT07:41 | 7.41am GMT07:41 |
| What is dolus eventualis? | What is dolus eventualis? |
| The original trial catapulted what might once have been an obscure legal principle into the global spotlight. | The original trial catapulted what might once have been an obscure legal principle into the global spotlight. |
| Today the supreme court will decide if Judge Masipa got it wrong when she found Pistorius not guilty of murder. But what does it mean? | Today the supreme court will decide if Judge Masipa got it wrong when she found Pistorius not guilty of murder. But what does it mean? |
| A simple explanation is that it hinges on whether an accused did foresee the outcome of his actions, rather than whether they should have. | A simple explanation is that it hinges on whether an accused did foresee the outcome of his actions, rather than whether they should have. |
| In this case, Masipa accepted Pistorius’ argument that he did not think his actions would lead to the death of the person behind the door. | In this case, Masipa accepted Pistorius’ argument that he did not think his actions would lead to the death of the person behind the door. |
| But in deciding that a reasonable person should have foreseen that, she did find him guilty of culpable homicide. | But in deciding that a reasonable person should have foreseen that, she did find him guilty of culpable homicide. |
| South African barrister Ulrich Roux argued after the verdict that the principle of dolus eventualis should have resulted in a murder conviction for Pistorius: | South African barrister Ulrich Roux argued after the verdict that the principle of dolus eventualis should have resulted in a murder conviction for Pistorius: |
| According to the law, someone is guilty of murder if they know that their actions could lead to the killing of a person and reconcile themselves to that fact, and act anyway. | According to the law, someone is guilty of murder if they know that their actions could lead to the killing of a person and reconcile themselves to that fact, and act anyway. |
| In delivering her ruling, judge Thokozile Masipa said that “a reasonable person would have foreseen if he fired shots at the door, the person inside the toilet might be struck and might die as a result”, which suggests a classic case of dolus eventualis. | In delivering her ruling, judge Thokozile Masipa said that “a reasonable person would have foreseen if he fired shots at the door, the person inside the toilet might be struck and might die as a result”, which suggests a classic case of dolus eventualis. |
| But the judge seems to have cleared him of this charge because she felt that, to be guilty of common-law murder, Pistorius needed to have foreseen that his actions would kill a specific person – Reeva Steenkamp … | But the judge seems to have cleared him of this charge because she felt that, to be guilty of common-law murder, Pistorius needed to have foreseen that his actions would kill a specific person – Reeva Steenkamp … |
| I would say that the law is clear – it doesn’t have to be a specific person whose death can be foreseen, it can be anyone. | I would say that the law is clear – it doesn’t have to be a specific person whose death can be foreseen, it can be anyone. |
| Related: Oscar Pistorius verdict: judgment seemed to support charge of 'dolus eventualis' | Related: Oscar Pistorius verdict: judgment seemed to support charge of 'dolus eventualis' |
| 7.34am GMT07:34 | 7.34am GMT07:34 |
| My colleague Simon Allison reports from South Africa: | My colleague Simon Allison reports from South Africa: |
| Last year, as South Africa prepared for Judge Thokozile Masipa to deliver her verdict, the country talked about little else. Did Oscar Pistorius really think there was an intruder? Was he justified in firing anyway? Was he a murderer, or just a confused young man who had made a terrible mistake? | Last year, as South Africa prepared for Judge Thokozile Masipa to deliver her verdict, the country talked about little else. Did Oscar Pistorius really think there was an intruder? Was he justified in firing anyway? Was he a murderer, or just a confused young man who had made a terrible mistake? |
| Everyone suddenly became an expert in the relatively arcane legal concept of dolus eventualis, and all could argue the distinction between murder and culpable homicide. | Everyone suddenly became an expert in the relatively arcane legal concept of dolus eventualis, and all could argue the distinction between murder and culpable homicide. |
| This time round, as the Supreme Court of Appeal prepares to rule on his case again, Pistorius is no longer setting the national agenda. The fate of the disgraced paralympian doesn’t dominate dinner table discussions, and newspaper columnists have moved on to other things. | This time round, as the Supreme Court of Appeal prepares to rule on his case again, Pistorius is no longer setting the national agenda. The fate of the disgraced paralympian doesn’t dominate dinner table discussions, and newspaper columnists have moved on to other things. |
| South Africa seems to have been struck with a kind of Oscar-fatigue, the dominant emotion being relief – that today, one way or the other, the case will be finalised and we can all move on. | South Africa seems to have been struck with a kind of Oscar-fatigue, the dominant emotion being relief – that today, one way or the other, the case will be finalised and we can all move on. |
| But of course, it’s not that simple. If he’s found guilty of murder, then there is likely to be a sentencing trial, where defence and prosecution will once again be required to present arguments. | But of course, it’s not that simple. If he’s found guilty of murder, then there is likely to be a sentencing trial, where defence and prosecution will once again be required to present arguments. |
| There is also the unpopular option of a retrial, which means we’ll be back to square one. | There is also the unpopular option of a retrial, which means we’ll be back to square one. |
| Updated at 7.34am GMT | Updated at 7.34am GMT |
| 7.30am GMT07:30 | 7.30am GMT07:30 |
| June Steenkamp, mother of Reeva Steenkamp, is in court today, accompanied by members of the ANC women’s league: | June Steenkamp, mother of Reeva Steenkamp, is in court today, accompanied by members of the ANC women’s league: |
| #OscarPistorius June Steenkamp (Reeva's mother) seated in court. pic.twitter.com/FWPL6rfgZn | #OscarPistorius June Steenkamp (Reeva's mother) seated in court. pic.twitter.com/FWPL6rfgZn |
| 7.26am GMT07:26 | 7.26am GMT07:26 |
| Only one of the panel of five judges – expected to be Justice Eric Leach – will read out their decision. | Only one of the panel of five judges – expected to be Justice Eric Leach – will read out their decision. |
| It’s expected that Leach will read an abridged version of the ruling, with full papers distributed later. | It’s expected that Leach will read an abridged version of the ruling, with full papers distributed later. |
| Judge Thokozile Masipa took two days to deliver her original verdict, but it’s anticipated that this one will be over in a considerably shorter period. | Judge Thokozile Masipa took two days to deliver her original verdict, but it’s anticipated that this one will be over in a considerably shorter period. |
| #Oscarpistorius Process could take minutes as full ruling is not expected to be read out but State lawyer told me cd take hour too | #Oscarpistorius Process could take minutes as full ruling is not expected to be read out but State lawyer told me cd take hour too |
| 7.17am GMT07:17 | 7.17am GMT07:17 |
| The defence case | The defence case |
| The defence has asked the supreme court to dismiss the state’s appeal. | The defence has asked the supreme court to dismiss the state’s appeal. |
| 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? |
| 7.06am GMT07:06 | 7.06am GMT07:06 |
| The state's case for murder | The state's case for murder |
| You can read our live blog of the appeal hearing here. | You can read our live blog of the appeal hearing here. |
| Here is a quick rundown of the prosecution’s case for discarding the culpable homicide conviction in favour of one of murder. | Here is a quick rundown of the prosecution’s case for discarding the culpable homicide conviction in favour of one of murder. |
| 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. |
| 6.49am GMT06:49 | 6.49am GMT06:49 |
| Opening summary | Opening summary |
| Claire Phipps | Claire Phipps |
| Welcome to live coverage as South Africa’s supreme court delivers its decision in the state’s appeal against Oscar Pistorius’ conviction for the culpable homicide of Reeva Steenkamp. | Welcome to live coverage as South Africa’s supreme court delivers its decision in the state’s appeal against Oscar Pistorius’ conviction for the culpable homicide of Reeva Steenkamp. |
| Prosecutors want that conviction upgraded to one of murder, arguing that Pistorius must have known that firing four bullets through the door of a tiny toilet cubicle could kill the person behind it. | Prosecutors want that conviction upgraded to one of murder, arguing that Pistorius must have known that firing four bullets through the door of a tiny toilet cubicle could kill the person behind it. |
| Steenkamp was killed in Pistorius’ home in Pretoria in the early hours of 14 February 2013. | Steenkamp was killed in Pistorius’ home in Pretoria in the early hours of 14 February 2013. |
| Today at 9.45am in Bloemfontein (7.45am GMT/6.45pm AEDT), one of the panel of five judges will read out their decision. | Today at 9.45am in Bloemfontein (7.45am GMT/6.45pm AEDT), one of the panel of five judges will read out their decision. |
| If they rule that the original trial judge erred in finding Pistorius guilty of the lesser charge, it is likely that the case will be referred back to the high court in Pretoria for fresh sentencing. | If they rule that the original trial judge erred in finding Pistorius guilty of the lesser charge, it is likely that the case will be referred back to the high court in Pretoria for fresh sentencing. |
| Alternatively they could decide that Judge Thokozile Masipa applied the law correctly, and the culpable homicide conviction and five-year sentence will stand. | Alternatively they could decide that Judge Thokozile Masipa applied the law correctly, and the culpable homicide conviction and five-year sentence will stand. |
| Pistorius is currently living under house arrest at his uncle’s home in Pretoria, having been freed from prison after serving less than a year behind bars. | Pistorius is currently living under house arrest at his uncle’s home in Pretoria, having been freed from prison after serving less than a year behind bars. |
| This live blog will have all the latest news and I will be tweeting key developments @Claire_Phipps. | This live blog will have all the latest news and I will be tweeting key developments @Claire_Phipps. |