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You can find the current article at its original source at https://www.theguardian.com/world/live/2016/jun/15/oscar-pistorius-sentencing-live-day-three-reeva-steenkamp
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| Version 3 | Version 4 |
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| Oscar Pistorius: Lawyers make closing arguments in sentencing hearing – live | Oscar Pistorius: Lawyers make closing arguments in sentencing hearing – live |
| (35 minutes later) | |
| 10.37am BST | |
| 10:37 | |
| During the break, reporters in court say Pistorius has changed his clothes, from a suit to a hoodie and shorts – possibly the defence is going to discuss his prostheses. | |
| 10.20am BST | |
| 10:20 | |
| The court has taken a short adjournment. | |
| 10.17am BST | |
| 10:17 | |
| Roux now turns to the report by Prof Jonathan Scholtz, a clinical psychologist who testified for the state on Monday. Scholtz said Pistorius’ conditions – depression, anxiety, PTSD - had worsened. | |
| Why would he be biased, Roux asks. | |
| He is dismissive of one state witness, prison nurse Charlotte Mashabane who said Pistorius acted aggressively towards her. A man in pain would demand his medication, Roux says – he would do the same. | |
| 10.14am BST | |
| 10:14 | |
| In mitigation, Roux says, he wants the court to consider that Pistorius is “vilified”, “in pain constantly”, consumed by “self-loathing”. | |
| He is someone who changed perceptions of disability. | |
| He is a first-time offender and is remorseful. He lost a “person he genuinely loved … he must live with that for the rest of his life”. | |
| 9.57am BST | 9.57am BST |
| 09:57 | 09:57 |
| Roux reminds the court that Pistorius’ mental and physical vulnerabilities were taken into account in his first sentencing. | Roux reminds the court that Pistorius’ mental and physical vulnerabilities were taken into account in his first sentencing. |
| Pistorius has punished himself and will punish himself for the rest of his life, far more than any court can, he says. | Pistorius has punished himself and will punish himself for the rest of his life, far more than any court can, he says. |
| 9.50am BST | 9.50am BST |
| 09:50 | 09:50 |
| Barry Roux’s tactic here, it appears, is to point out all the ways in which the supreme court of appeal – while overturning the culpable homicide verdict in favour of one of murder – did not deviate from Judge Masipa’s original ruling. | Barry Roux’s tactic here, it appears, is to point out all the ways in which the supreme court of appeal – while overturning the culpable homicide verdict in favour of one of murder – did not deviate from Judge Masipa’s original ruling. |
| The difference, he argues, is on a point of law. The facts as established in Masipa’s ruling still stand: Pistorius did not intend to kill Steenkamp. He was afraid, anxious and vulnerable. | The difference, he argues, is on a point of law. The facts as established in Masipa’s ruling still stand: Pistorius did not intend to kill Steenkamp. He was afraid, anxious and vulnerable. |
| That ruling initially led to a sentence of five years, of which Pistorius has already served the 10-month prison portion. | That ruling initially led to a sentence of five years, of which Pistorius has already served the 10-month prison portion. |
| The leap to a 15-year minimum term would be too much, Roux is implying. | The leap to a 15-year minimum term would be too much, Roux is implying. |
| 9.43am BST | 9.43am BST |
| 09:43 | 09:43 |
| Roux: It should not even be in dispute that there are significant compelling circumstances … | Roux: It should not even be in dispute that there are significant compelling circumstances … |
| He incorrectly in law fired four shots … but it does not mean that he did not want to protect … it does not mean that he did not think it was an intruder. | He incorrectly in law fired four shots … but it does not mean that he did not want to protect … it does not mean that he did not think it was an intruder. |
| You cannot ignore that. | You cannot ignore that. |
| 9.41am BST | 9.41am BST |
| 09:41 | 09:41 |
| Roux says much of the evidence from the trial – about screams, Steenkamp’s jeans, the fans on the balcony – is irrelevant. It was introduced to try to make the case that Pistorius “acted with direct intent” to kill Steenkamp. That argument was rejected, he says. | Roux says much of the evidence from the trial – about screams, Steenkamp’s jeans, the fans on the balcony – is irrelevant. It was introduced to try to make the case that Pistorius “acted with direct intent” to kill Steenkamp. That argument was rejected, he says. |
| There was no direct intent to kill an intruder either, he says. Pistorius did not aim at chest height. The finding from the supreme court was that he ought to have foreseen that he could kill somebody, not that he directly intended to kill. | There was no direct intent to kill an intruder either, he says. Pistorius did not aim at chest height. The finding from the supreme court was that he ought to have foreseen that he could kill somebody, not that he directly intended to kill. |
| 9.35am BST | 9.35am BST |
| 09:35 | 09:35 |
| Roux: He is punished for ever and ever … That is what he is going through because some people refuse to sit back and look at the true facts. | Roux: He is punished for ever and ever … That is what he is going through because some people refuse to sit back and look at the true facts. |
| 9.34am BST | 9.34am BST |
| 09:34 | 09:34 |
| Roux says Pistorius “took all possible steps to save the deceased’s life”. | Roux says Pistorius “took all possible steps to save the deceased’s life”. |
| He notes that the supreme court did not overturn findings that Pistorius had anxiety and was driven by fear. | He notes that the supreme court did not overturn findings that Pistorius had anxiety and was driven by fear. |
| Critics don’t want to see his vulnerability, he adds: | Critics don’t want to see his vulnerability, he adds: |
| They want to see Oscar Pistorius running to the bathroom with a gold medal round his neck. | They want to see Oscar Pistorius running to the bathroom with a gold medal round his neck. |
| 9.30am BST | 9.30am BST |
| 09:30 | 09:30 |
| Sentencing is subjective, Roux says. It can deal with Pistorius’ vulnerability. | Sentencing is subjective, Roux says. It can deal with Pistorius’ vulnerability. |
| He was not “driven by evil intent”. He was afraid. He was trying to protect his girlfriend. | He was not “driven by evil intent”. He was afraid. He was trying to protect his girlfriend. |
| We know where we live. We are fearful. A logical thought process would be: an intruder. | We know where we live. We are fearful. A logical thought process would be: an intruder. |
| 9.26am BST | 9.26am BST |
| 09:26 | 09:26 |
| Roux says people felt sorry for Vleis Visagie, the rugby player who killed his own daughter. | Roux says people felt sorry for Vleis Visagie, the rugby player who killed his own daughter. |
| But they did not feel sorry for Pistorius, he goes on. | But they did not feel sorry for Pistorius, he goes on. |
| In both cases, we are dealing with a reduced moral blame-worthiness, he tells the judge. | In both cases, we are dealing with a reduced moral blame-worthiness, he tells the judge. |
| Pistorius was mistaken but he did believe himself to be in danger. The original trial court accepted he heard a sound at 3am. He thought an intruder had come in through the bathroom window. | Pistorius was mistaken but he did believe himself to be in danger. The original trial court accepted he heard a sound at 3am. He thought an intruder had come in through the bathroom window. |
| Roux is reminding the judge that her original findings broadly accepted the Pistorius version of events. The supreme court left these findings “undisturbed”, he says. | Roux is reminding the judge that her original findings broadly accepted the Pistorius version of events. The supreme court left these findings “undisturbed”, he says. |
| 9.21am BST | 9.21am BST |
| 09:21 | 09:21 |
| Roux says Pistorius did not “gamble with Reeva’s life”. | Roux says Pistorius did not “gamble with Reeva’s life”. |
| He was afraid. It was not rational. But was he afraid of his girlfriend or an intruder, Roux asks. He reminds Masipa that she ruled he had not meant to kill Steenkamp. | He was afraid. It was not rational. But was he afraid of his girlfriend or an intruder, Roux asks. He reminds Masipa that she ruled he had not meant to kill Steenkamp. |
| #OscarPistorius now crying again as his lawyer gives final argument #sabcnews pic.twitter.com/X9qmCHWcJZ | #OscarPistorius now crying again as his lawyer gives final argument #sabcnews pic.twitter.com/X9qmCHWcJZ |
| 9.16am BST | 9.16am BST |
| 09:16 | 09:16 |
| Roux says this court previously accepted that Pistorius felt himself to be in fear of his life. | Roux says this court previously accepted that Pistorius felt himself to be in fear of his life. |
| He says Masipa’s original judgment was that his actions were “on the border of dolus eventualis” (the principle that he foresaw that firing into the door could cause the death of whoever was behind it) but that he had not foreseen it. | He says Masipa’s original judgment was that his actions were “on the border of dolus eventualis” (the principle that he foresaw that firing into the door could cause the death of whoever was behind it) but that he had not foreseen it. |
| The supreme court ruled that he must have foreseen it. | The supreme court ruled that he must have foreseen it. |
| We are talking about the difference between being on the border and across that border, Roux says. He seems to be suggesting that this is only a small legal nudge, not warranting a sentence uplift from five to 15 years. | We are talking about the difference between being on the border and across that border, Roux says. He seems to be suggesting that this is only a small legal nudge, not warranting a sentence uplift from five to 15 years. |
| 9.11am BST | 9.11am BST |
| 09:11 | 09:11 |
| Roux tells judge she must not allow herself to be “drowned by perceptions”. The supreme court considered only legal aspects, he says, not the facts of the case. | Roux tells judge she must not allow herself to be “drowned by perceptions”. The supreme court considered only legal aspects, he says, not the facts of the case. |
| He says, therefore, that this sentencing should rely on the same facts as the original sentencing (which resulted in a five-year term, of which Pistorius has served 10 months in prison). | He says, therefore, that this sentencing should rely on the same facts as the original sentencing (which resulted in a five-year term, of which Pistorius has served 10 months in prison). |
| #OscarPistorius Roux; 'Nothing in SCA judgement saying there was an argument, she ran to cubicle, that he wanted to shoot her!' | #OscarPistorius Roux; 'Nothing in SCA judgement saying there was an argument, she ran to cubicle, that he wanted to shoot her!' |
| 9.07am BST | 9.07am BST |
| 09:07 | 09:07 |
| Roux says the court must feel unease with anyone saying Pistorius must go to jail for 15 years. He was on his stumps. He thought his girlfriend was in the bedroom. | Roux says the court must feel unease with anyone saying Pistorius must go to jail for 15 years. He was on his stumps. He thought his girlfriend was in the bedroom. |
| It cannot be. It cannot be. | It cannot be. It cannot be. |
| #OscarPistorius Roux says "do you send that person 15 years to jail?"MV | #OscarPistorius Roux says "do you send that person 15 years to jail?"MV |
| Updated | Updated |
| at 9.08am BST | at 9.08am BST |