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Oscar Pistorius: Lawyers make closing arguments in sentencing hearing – live 'No purpose served' in jailing Oscar Pistorius, says defence lawyer – live
(35 minutes later)
11.48am BST
11:48
Nel takes on Roux’s argument that the original culpable homicide verdict was “on the border” of dolus eventualis and the murder verdict took it over; the defence implied this meant a large uplift in sentence wasn’t necessary.
Not so, says Nel, who argues that Pistorius’ culpability instead borders on dolus directus – that is, the intention to kill. He knew the toilet cubicle was small with no escape for the person inside. He fired not one but four shots. These are all aggravating circumstances.
Even if he thought it was an intruder, he armed himself with a firearm loaded with black talon ammunition. We know what those bullets do to a body, Nel adds. He says Pistorius has never given an “acceptable explanation” of why he fired four times.
Maybe he will tell ITV, Nel says. But he has not done so here in court.
He reminds Masipa that Pistorius was a poor witness. Without a credible reason why he fired, Nel says, it isn’t plausible to say he is remorseful:
The only plausible explanation is that the accused armed himself with the intention to shoot.
11.36am BST
11:36
Nel moves on to the vulnerabilities outlined by the defence.
Dr Scholtz testified to Pistorius’ anxiety and depression, Nel says – so why did Pistorius hoard his medicine in his cell?
Scholtz also said he should be hospitalised, Nel goes on. Yet no steps were taken to hospitalise him.
11.35am BST
11:35
“Isn’t it time we now finally let the world see what this accused did with four black talon rounds through a door?” Nel asks.
He says Barry Steenkamp wanted everyone to see the photographs of Reeva. Nel says he will apply, as per the family’s request, for the crime scene images to be released.
11.27am BST
11:27
State begins closing argument
Gerrie Nel says that the argument that Pistorius thought the person behind the door was an intruder does not make it a less serious crime. Does it detract from the fact that he is a murderer?
He says he won’t deal with perceptions but with facts.
If you want to talk about a broken man, he says, let’s talk about Barry Steenkamp.
Nel acknowledges that the defence says Pistorius has accepted the court’s findings of murder. That is not the same as accepting what he did, the prosecutor says.
11.22am BST
11:22
Roux says Pistorius should be sentenced to community service.
It is for the court to decide, he adds. But there is a reason why the trial court has discretion over sentencing.
The court should strike a balance between aggravating factors and the “many, many” mitigating factors.
The defence argument is over. Roux sits down. It’s over to Gerrie Nel for the state.
11.19am BST
11:19
'No purpose served' by sending Pistorius to prison - defence
Roux turns to the sentence:
South Africa is a progressive constitutional country where punishment must have a rational purpose.
The sentence needs to be appropriate to the individual, he says. The court needs to look for opportunities for rehabilitation. An excessive punishment could have the opposite effect:
Punishment is not meant to break the defendant … The accused does not fall into the category of offender who should be removed from society.
There is no purpose served.
He says a prison sentence imposed at this point is merely a “veil for retribution”. The deterrent effect has already been achieved by Pistorius’ first stint in prison.
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11.14am BST11.14am BST
11:1411:14
“We don’t have to be psychologists” to see Pistorius is a broken man, Roux tells Masipa:“We don’t have to be psychologists” to see Pistorius is a broken man, Roux tells Masipa:
He desperately does not want to hide behind fame … He wants to be treated like someone unknown, someone who has done wrong and must be punished.He desperately does not want to hide behind fame … He wants to be treated like someone unknown, someone who has done wrong and must be punished.
11.08am BST11.08am BST
11:0811:08
Pistorius replaces his prostheses as Roux tells the court:Pistorius replaces his prostheses as Roux tells the court:
I don’t want to overplay vulnerability, that’s not what I want to do. I don’t want to overplay disability. But the time has come that we must just look with different eyes, at least with unbiased eyes.I don’t want to overplay vulnerability, that’s not what I want to do. I don’t want to overplay disability. But the time has come that we must just look with different eyes, at least with unbiased eyes.
It doesn’t mean because he’s vulnerable that he can do what he likes. That’s not what we say.It doesn’t mean because he’s vulnerable that he can do what he likes. That’s not what we say.
But when we’re entering the field of sentencing, look at that man’s conduct … Please let’s understand … who is this man that you must sentence?But when we’re entering the field of sentencing, look at that man’s conduct … Please let’s understand … who is this man that you must sentence?
11.03am BST11.03am BST
11:0311:03
Pistorius removes prosthesesPistorius removes prostheses
Roux calls Pistorius forward. He tells the court this will be embarrassing for his client.Roux calls Pistorius forward. He tells the court this will be embarrassing for his client.
He asks a weeping Pistorius to remove his prostheses and stand on his stumps in front of the court. He does so slowly, then walks haltingly. He appears to be in pain and struggles to retain his balance. He holds on to a desk for support.He asks a weeping Pistorius to remove his prostheses and stand on his stumps in front of the court. He does so slowly, then walks haltingly. He appears to be in pain and struggles to retain his balance. He holds on to a desk for support.
His doctor moves forward to support him as he stumbles.His doctor moves forward to support him as he stumbles.
Roux points to him, saying this is the man who was frightened by a noise at 3am. This is who is being sentenced.Roux points to him, saying this is the man who was frightened by a noise at 3am. This is who is being sentenced.
10.58am BST10.58am BST
10:5810:58
Roux moves on to the televising of the trial.Roux moves on to the televising of the trial.
No other accused has ever had to endure this level of publicity, misinformation and character assassination.No other accused has ever had to endure this level of publicity, misinformation and character assassination.
It was not a decision that benefited Pistorius, he says, and opened him up to a trial by public opinion and a “media frenzy”.It was not a decision that benefited Pistorius, he says, and opened him up to a trial by public opinion and a “media frenzy”.
The perception persists that the death of Steenkamp was gender-related, Roux tells the judge:The perception persists that the death of Steenkamp was gender-related, Roux tells the judge:
This case has nothing to do with gender violence.This case has nothing to do with gender violence.
The refusal by so many people to accept the facts of the case means Pistorius will never regain his status in society.The refusal by so many people to accept the facts of the case means Pistorius will never regain his status in society.
10.55am BST10.55am BST
10:5510:55
Roux points out that Pistorius’ original planned release from prison – approved by the parole board – was delayed after a government minister intervened. This has not happened to anyone else, he says. Why wait until that last minute to intervene? That decision could have been made weeks earlier.Roux points out that Pistorius’ original planned release from prison – approved by the parole board – was delayed after a government minister intervened. This has not happened to anyone else, he says. Why wait until that last minute to intervene? That decision could have been made weeks earlier.
He says Pistorius has also spent many months under “correctional supervision” (that is, house arrest at his uncle’s home).He says Pistorius has also spent many months under “correctional supervision” (that is, house arrest at his uncle’s home).
10.51am BST
10:51
Roux says the isolation of confinement “can amount to torture” but the defence won’t say Pistorius’ treatment was such.
He says Pistorius completed all his rehabilitation programmes – including one called Anger In, Anger Out – “with excellence”.
He says Pistorius has taken responsibility for what he has done.
10.49am BST
10:49
“He wants to put back,” Roux tells the court, detailing Pistorius’ charity work and a potential job leading an early childhood development programme. (This is the job offer from his uncle Arnold Pistorius we heard about earlier this week.)
Roux says Pistorius has already spent 12 months in jail and that life in prison for a disabled person is hard:
You do everything in your cell … You’re segregated, you don’t go to dining room to eat with the other guys, you eat in your room because you’re at risk.It’s punishment, we understand that … but it does not mean it’s easier for him.
10.45am BST
10:45
Court resumes
Roux is continuing with his closing argument for the defence. He is reconfirming the findings from Scholtz’s report: anxiety, depression, post-traumatic stress disorder. He says the PTSD is because of the shooting.
Scholtz said Pistorius should be hospitalised, he reminds the judge.
10.41am BST
10:41
During the break, reporters in court say Pistorius has changed his clothes, from a suit to a hoodie and shorts – it’s possible the defence is going to discuss his prostheses.
#OscarPistorius Ditches suit for hoodie during court recess. But the familiar head in hands look is unchanged pic.twitter.com/MAEHmUXD7h
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
09:57
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.
9.50am BST
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.
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.
The leap to a 15-year minimum term would be too much, Roux is implying.