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You can find the current article at its original source at http://www.theguardian.com/world/live/2015/dec/03/oscar-pistorius-appeal-court-guilty-murder-reeva-steenkamp-live
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Oscar Pistorius conviction upgraded to murder – as it happened | Oscar Pistorius conviction upgraded to murder – as it happened |
(6 days later) | |
9.57am GMT | 9.57am GMT |
09:57 | 09:57 |
Closing summary | Closing summary |
Claire Phipps | Claire Phipps |
As a result of the errors of law … and on a proper appraisal of the facts, he ought to have been convicted not of culpable homicide on that count but of murder. | As a result of the errors of law … and on a proper appraisal of the facts, he ought to have been convicted not of culpable homicide on that count but of murder. |
In the interests of justice the conviction and the sentence imposed in respect thereof must be set aside and the conviction substituted with a conviction of the correct offence. | In the interests of justice the conviction and the sentence imposed in respect thereof must be set aside and the conviction substituted with a conviction of the correct offence. |
I have no doubt … the accused must have foreseen and therefore did foresee that whoever was behind that door might die. | I have no doubt … the accused must have foreseen and therefore did foresee that whoever was behind that door might die. |
You can read our full report here: | You can read our full report here: |
Related: Oscar Pistorius conviction in death of Reeva Steenkamp upgraded to murder | Related: Oscar Pistorius conviction in death of Reeva Steenkamp upgraded to murder |
I’m wrapping up this live blog now. Thank you for reading and for your comments. We will have live coverage again when Pistorius returns to the high court for his fresh sentencing. | I’m wrapping up this live blog now. Thank you for reading and for your comments. We will have live coverage again when Pistorius returns to the high court for his fresh sentencing. |
9.54am GMT | 9.54am GMT |
09:54 | 09:54 |
Appeal court ruling 'not a slight' on trial judge | Appeal court ruling 'not a slight' on trial judge |
The appeal court, despite having ruled that Judge Thokozile Masipa, who presided over the original trial, had made several errors of law, nonetheless commended her role: | The appeal court, despite having ruled that Judge Thokozile Masipa, who presided over the original trial, had made several errors of law, nonetheless commended her role: |
Before closing, it is necessary to make a final comment. The trial was conducted in the glare of international attention and the focus of television cameras, which must have added to the inherently heavy rigours that are brought to bear upon trial courts in conducting lengthy and complicated trials. | Before closing, it is necessary to make a final comment. The trial was conducted in the glare of international attention and the focus of television cameras, which must have added to the inherently heavy rigours that are brought to bear upon trial courts in conducting lengthy and complicated trials. |
The trial judge conducted the hearing with a degree of dignity and patience that is a credit to the judiciary. | The trial judge conducted the hearing with a degree of dignity and patience that is a credit to the judiciary. |
The fact that this court has determined that certain mistakes were made should not be seen as an adverse comment upon her competence and ability. | The fact that this court has determined that certain mistakes were made should not be seen as an adverse comment upon her competence and ability. |
The fact is that different judges reach different conclusions and, in the light of an appeal structure, those of the appellate court prevail. | The fact is that different judges reach different conclusions and, in the light of an appeal structure, those of the appellate court prevail. |
But the fact that the appeal has succeeded is not to be regarded as a slight upon the trial judge who is to be congratulated for the manner in which she conducted the proceedings. | But the fact that the appeal has succeeded is not to be regarded as a slight upon the trial judge who is to be congratulated for the manner in which she conducted the proceedings. |
9.46am GMT | 9.46am GMT |
09:46 | 09:46 |
Here is the link to the full appeal court judgment (pdf). | Here is the link to the full appeal court judgment (pdf). |
9.44am GMT | 9.44am GMT |
09:44 | 09:44 |
Pistorius family statement | Pistorius family statement |
The Pistorius family has put out this statement: | The Pistorius family has put out this statement: |
We have taken note of the judgment that has just been handed down by the supreme court of appeal. | We have taken note of the judgment that has just been handed down by the supreme court of appeal. |
The legal team will study the finding and we will be guided by them in terms of options going forward. | The legal team will study the finding and we will be guided by them in terms of options going forward. |
We will not be commenting any further at this stage. | We will not be commenting any further at this stage. |
Updated | Updated |
at 9.52am GMT | at 9.52am GMT |
9.39am GMT | 9.39am GMT |
09:39 | 09:39 |
This was a crucial part of the appeal court ruling, in answer to the argument that the ordeal of the trial, the original culpable homicide verdict, and the serving of prison time meant that a murder conviction was theoretical or unnecessary: | This was a crucial part of the appeal court ruling, in answer to the argument that the ordeal of the trial, the original culpable homicide verdict, and the serving of prison time meant that a murder conviction was theoretical or unnecessary: |
The interests of justice require that persons should be convicted of the actual crimes they have committed, and not of lesser offences. | The interests of justice require that persons should be convicted of the actual crimes they have committed, and not of lesser offences. |
That is particularly so in crimes of violence. | That is particularly so in crimes of violence. |
It would be wrong to effectively think away the fact that an accused person is guilty of murder if he ought to have been convicted of that offence. | It would be wrong to effectively think away the fact that an accused person is guilty of murder if he ought to have been convicted of that offence. |
9.35am GMT | 9.35am GMT |
09:35 | 09:35 |
9.27am GMT | 9.27am GMT |
09:27 | 09:27 |
Could Pistorius appeal? | Could Pistorius appeal? |
Could the defence appeal against the overturning of the culpable homicide verdict and the imposition of a murder conviction? | Could the defence appeal against the overturning of the culpable homicide verdict and the imposition of a murder conviction? |
South African legal experts say it is possible that Pistorius could appeal to the constitutional court, but this is a rare step. | South African legal experts say it is possible that Pistorius could appeal to the constitutional court, but this is a rare step. |
The key to such an appeal would be for the defence to argue that Pistorius did not receive a fair trial. | The key to such an appeal would be for the defence to argue that Pistorius did not receive a fair trial. |
The defence will also get the opportunity to make a fresh argument in mitigation of sentence when Pistorius returns to stand in front of Judge Masipa in the Pretoria high court, probably next year. | The defence will also get the opportunity to make a fresh argument in mitigation of sentence when Pistorius returns to stand in front of Judge Masipa in the Pretoria high court, probably next year. |
The result of that new sentencing could determine whether or not the defence attempts an appeal, believes South African attorney David Dadic: | The result of that new sentencing could determine whether or not the defence attempts an appeal, believes South African attorney David Dadic: |
10 - I think that will be decisive in whether he tries to appeal again - if he gets a "bearable" sentence (eg 3 years real time) | 10 - I think that will be decisive in whether he tries to appeal again - if he gets a "bearable" sentence (eg 3 years real time) |
9.16am GMT | 9.16am GMT |
09:16 | 09:16 |
The South African National Prosecuting Authority has reportedly said that Pistorius will remain under correctional supervision – that is, under house arrest at his uncle’s home – until he appears for re-sentencing before the high court in Pretoria. | The South African National Prosecuting Authority has reportedly said that Pistorius will remain under correctional supervision – that is, under house arrest at his uncle’s home – until he appears for re-sentencing before the high court in Pretoria. |
No date has been set for that hearing. | No date has been set for that hearing. |
This means Oscar Pistorius will not be returning immediately to prison. | This means Oscar Pistorius will not be returning immediately to prison. |
9.13am GMT | 9.13am GMT |
09:13 | 09:13 |
Reporters have now been given paper copies of the full appeal court ruling. | Reporters have now been given paper copies of the full appeal court ruling. |
It doesn’t yet appear to be online in full, but I’ll post a link when there is one. | It doesn’t yet appear to be online in full, but I’ll post a link when there is one. |
The first paragraph of the #OscarPistorius verdict... pic.twitter.com/SlcpT0gh3l | The first paragraph of the #OscarPistorius verdict... pic.twitter.com/SlcpT0gh3l |
9.12am GMT | 9.12am GMT |
09:12 | 09:12 |
An aside: there was a flurry of tweets from some reporters as Justice Leach began his ruling and appeared to set aside the appeal summarily. | An aside: there was a flurry of tweets from some reporters as Justice Leach began his ruling and appeared to set aside the appeal summarily. |
Those comments were in fact in relation to a separate case. | Those comments were in fact in relation to a separate case. |
9.07am GMT | 9.07am GMT |
09:07 | 09:07 |
My colleague Simon Allison reports from Johannesburg: | My colleague Simon Allison reports from Johannesburg: |
It is not yet clear whether Oscar Pistorius will return to prison immediately, or if he will be allowed to remain in correctional supervision until a new sentence is handed down. | It is not yet clear whether Oscar Pistorius will return to prison immediately, or if he will be allowed to remain in correctional supervision until a new sentence is handed down. |
As is custom, Pistorius and his family were not in the court in Bloemfontein as the judgment was delivered. | As is custom, Pistorius and his family were not in the court in Bloemfontein as the judgment was delivered. |
June Steenkamp, Reeva Steenkamp’s mother, was present. | June Steenkamp, Reeva Steenkamp’s mother, was present. |
The Paralympic gold medallist was released into house arrest in October, having served one-fifth of his original five-year term, and has been performing court-mandated community service. | The Paralympic gold medallist was released into house arrest in October, having served one-fifth of his original five-year term, and has been performing court-mandated community service. |
Updated | Updated |
at 9.13am GMT | at 9.13am GMT |
9.00am GMT | 9.00am GMT |
09:00 | 09:00 |
The appeal court’s ruling was damning on the issue of Pistorius’ credibility. | The appeal court’s ruling was damning on the issue of Pistorius’ credibility. |
His evidence and explanations for the shooting were described as “implausible”. | His evidence and explanations for the shooting were described as “implausible”. |
The judges said Pistorius “never offered an acceptable explanation” for firing four times through the closed door. | The judges said Pistorius “never offered an acceptable explanation” for firing four times through the closed door. |
Justice Eric Leach, reading the ruling on behalf of the five-judge bench, said: | Justice Eric Leach, reading the ruling on behalf of the five-judge bench, said: |
I have no doubt … the accused must have foreseen and therefore did foresee that whoever was behind that door might die. | I have no doubt … the accused must have foreseen and therefore did foresee that whoever was behind that door might die. |
Pistorius’ claim – one of several put forward by the defence – of putative private defence, or self-defence in fear of his life, was not rational, the judges said. | Pistorius’ claim – one of several put forward by the defence – of putative private defence, or self-defence in fear of his life, was not rational, the judges said. |
His evidence was so contradictory that it is impossible to know his true reason for firing, they concluded. | His evidence was so contradictory that it is impossible to know his true reason for firing, they concluded. |
But it was clear the person behind the door did not pose any immediate threat to him. | But it was clear the person behind the door did not pose any immediate threat to him. |
8.52am GMT | 8.52am GMT |
08:52 | 08:52 |
Pistorius murder verdict: key points | Pistorius murder verdict: key points |
The appeal court found that Judge Thokozile Masipa had made errors in law when reaching her original verdict of culpable homicide. | The appeal court found that Judge Thokozile Masipa had made errors in law when reaching her original verdict of culpable homicide. |
The appeal judges said Masipa was wrong in her application of dolus eventualis, as Pistorius “must have foreseen” that firing into the door could cause the death of whoever was behind it. | The appeal judges said Masipa was wrong in her application of dolus eventualis, as Pistorius “must have foreseen” that firing into the door could cause the death of whoever was behind it. |
Masipa also wrongly conflated the test of dolus eventualis with dolus directus in accepting that the defence argument that he did not know the person behind the door was Steenkamp meant he could not be guilty of murder. | Masipa also wrongly conflated the test of dolus eventualis with dolus directus in accepting that the defence argument that he did not know the person behind the door was Steenkamp meant he could not be guilty of murder. |
Masipa’s verdict was premised upon an acceptance that Pistorius did not think Steenkamp was in the toilet, but this was also wrong: the key thing is that the perpetrator knows his actions could kill that person, whoever it is. | Masipa’s verdict was premised upon an acceptance that Pistorius did not think Steenkamp was in the toilet, but this was also wrong: the key thing is that the perpetrator knows his actions could kill that person, whoever it is. |
The failure to take into account all the evidence – in particular, key ballistics evidence – amounted to a failure in law, the judges said. | The failure to take into account all the evidence – in particular, key ballistics evidence – amounted to a failure in law, the judges said. |
8.47am GMT | 8.47am GMT |
08:47 | 08:47 |
June Steenkamp, the mother of Reeva Steenkamp, was in the courtroom today to hear the judges rule – in a unanimous verdict – that Oscar Pistorius was indeed guilty of murdering her daughter. | June Steenkamp, the mother of Reeva Steenkamp, was in the courtroom today to hear the judges rule – in a unanimous verdict – that Oscar Pistorius was indeed guilty of murdering her daughter. |
June Steenkamp keeps a solemn face in the courtroom, even after #OscarPistorius is found guilty of murder | June Steenkamp keeps a solemn face in the courtroom, even after #OscarPistorius is found guilty of murder |
Updated | Updated |
at 9.54am GMT | at 9.54am GMT |
8.45am GMT | 8.45am GMT |
08:45 | 08:45 |
Oscar Pistorius, now guilty of murder, is currently out of prison under house arrest. | Oscar Pistorius, now guilty of murder, is currently out of prison under house arrest. |
The appeal court made no mention of this and it appears unlikely that he will be returned to jail right away. | The appeal court made no mention of this and it appears unlikely that he will be returned to jail right away. |
It is not clear when the high court in Pretoria will reconvene for the fresh sentencing on the murder conviction. | It is not clear when the high court in Pretoria will reconvene for the fresh sentencing on the murder conviction. |
Updated | Updated |
at 9.05am GMT | at 9.05am GMT |
8.42am GMT | 8.42am GMT |
08:42 | 08:42 |
Despite legal “errors” made by Judge Masipa, the appeal court says she conducted the trial with “dignity and patience” in full glare of live television. | Despite legal “errors” made by Judge Masipa, the appeal court says she conducted the trial with “dignity and patience” in full glare of live television. |
She will now have to re-sentence Pistorius for murder. | She will now have to re-sentence Pistorius for murder. |
Updated | Updated |
at 9.10am GMT | at 9.10am GMT |
8.40am GMT | 8.40am GMT |
08:40 | 08:40 |
Oscar Pistorius is guilty of the murder of Reeva Steenkamp | Oscar Pistorius is guilty of the murder of Reeva Steenkamp |
The culpable homicide verdict is set aside. | The culpable homicide verdict is set aside. |
Pistorius must return to the Pretoria high court for a new sentence. | Pistorius must return to the Pretoria high court for a new sentence. |
Updated | Updated |
at 8.41am GMT | at 8.41am GMT |
8.37am GMT | 8.37am GMT |
08:37 | 08:37 |
Leach says Pistorius should have been found guilty of murder. | Leach says Pistorius should have been found guilty of murder. |
8.36am GMT | 8.36am GMT |
08:36 | 08:36 |
Leach moves to the issue of putative private defence – in other words, whether Pistorius acted in self-defence in fear of his life. | Leach moves to the issue of putative private defence – in other words, whether Pistorius acted in self-defence in fear of his life. |
His evidence is so contradictory that it is impossible to know his true reason for firing, Leach says. | His evidence is so contradictory that it is impossible to know his true reason for firing, Leach says. |
But he says that Pistorius’ claim was not rational. The person behind the door did not pose any immediate threat to him. Pistorius did not fire even a warning shot. | But he says that Pistorius’ claim was not rational. The person behind the door did not pose any immediate threat to him. Pistorius did not fire even a warning shot. |
#OscarPistorius Leach: The accused armed himslelf to shoot if there was someone in the bathroom - and he did. | #OscarPistorius Leach: The accused armed himslelf to shoot if there was someone in the bathroom - and he did. |
8.33am GMT | 8.33am GMT |
08:33 | 08:33 |
Leach: I have no doubt … the accused must have foreseen and therefore did foresee that whoever was behind that door might die. | Leach: I have no doubt … the accused must have foreseen and therefore did foresee that whoever was behind that door might die. |
The identity of his victim is irrelevant to his guilt. | The identity of his victim is irrelevant to his guilt. |
8.32am GMT | 8.32am GMT |
08:32 | 08:32 |
Leach says “in my view”, he cannot accept Pistorius’ version of events. | Leach says “in my view”, he cannot accept Pistorius’ version of events. |
Pistorius “never offered an acceptable explanation”. | Pistorius “never offered an acceptable explanation”. |
The death of the person behind the door was an obvious result of firing through it, Leach adds. | The death of the person behind the door was an obvious result of firing through it, Leach adds. |
That is exactly what the accused did. | That is exactly what the accused did. |