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Evidence on Reeva Steenkamp scream crucial to Pistorius trial, expert says | Evidence on Reeva Steenkamp scream crucial to Pistorius trial, expert says |
(35 minutes later) | |
Prosecutors at Oscar Pistorius's murder trial have presented a "golden thread" of evidence suggesting that Reeva Steenkamp screamed before she died, leaving the athlete with "serious questions" to answer and his defence likely to hinge on his own testimony, a legal expert in South Africa has said. | |
Three neighbours have said they heard a woman scream before and during the deadly gunshots in Pistorius's home in the early hours of Valentine's Day last year. | Three neighbours have said they heard a woman scream before and during the deadly gunshots in Pistorius's home in the early hours of Valentine's Day last year. |
The pathologist who performed the autopsy on Steenkamp's body said it would have been "abnormal" for her not to scream from some of her injuries. | The pathologist who performed the autopsy on Steenkamp's body said it would have been "abnormal" for her not to scream from some of her injuries. |
A police ballistics expert concluded that the first shot Pistorius fired through a toilet door hit Steenkamp in the hip and caused her to collapse, but didn't immediately kill her. The second shot missed. | A police ballistics expert concluded that the first shot Pistorius fired through a toilet door hit Steenkamp in the hip and caused her to collapse, but didn't immediately kill her. The second shot missed. |
According to the testimony, Steenkamp probably had time to yell out before she was hit by two more shots as she covered her head with her arms in a desperate attempt to protect herself. | |
"Suddenly what we have is Oscar Pistorius firing at Reeva Steenkamp while her hands are covering her head while she's screaming in the toilet, and that's murder," said Marius du Toit, a defence lawyer and former state prosecutor who says he has worked on at least 100 murder cases. | "Suddenly what we have is Oscar Pistorius firing at Reeva Steenkamp while her hands are covering her head while she's screaming in the toilet, and that's murder," said Marius du Toit, a defence lawyer and former state prosecutor who says he has worked on at least 100 murder cases. |
Du Toit, who is following the trial but not involved, said the prosecution had made a case for the murder charge, and Pistorius's defence must now respond. | |
He said the chief prosecutor, Gerrie Nel, had so far presented a specific line of evidence compellingly. Using the accounts of neighbours and backing them up with the expert opinion of the pathologist Gert Saayman and the police ballistics investigator Christiaan Mangena, Nel may have shown to the court that it was "reasonable" that Steenkamp screamed during the four shots fired at her, Du Toit said. | |
"There's definitely a golden thread here. A golden thread of someone who was screaming and who was shot," he said. "The objective facts, which are the injuries she sustained, coupled with the expert opinion, tied with your circumstantial evidence presented by witnesses. And if that ties up with one another then Oscar has got a major problem." | |
Prosecutors say they will wrap up their case this week, the fourth week of the trial, by calling four or five more witnesses. | Prosecutors say they will wrap up their case this week, the fourth week of the trial, by calling four or five more witnesses. |
High court authorities in Gauteng province said on Sunday that the trial would be halted for the week beginning 7 April, and then resume from 14 April until 16 May. | |
Pistorius, 27, made history as the first amputee runner to compete against non-disabled runners at the 2012 Olympics, after having his lower legs amputated as a baby because of a congenital condition. | |
He faces a prison sentence of 25 years to life if convicted of premeditated murder. If found guilty of murder without premeditation for killing Steenkamp, who was 29, Pistorius faces a minimum 15-year sentence. | He faces a prison sentence of 25 years to life if convicted of premeditated murder. If found guilty of murder without premeditation for killing Steenkamp, who was 29, Pistorius faces a minimum 15-year sentence. |
Pistorius says he shot Steenkamp by mistake believing she was an intruder in his home, and has maintained throughout that he was the only person to scream, partly after realising his tragic error. | |
In a court case being broadcast live on television to millions and followed by more than 100 reporters at the Pretoria courthouse, Pistorius's chief defence lawyer, Barry Roux, has attracted attention for his cross-examination of prosecution witnesses and his consistent criticism of an apparently flawed police investigation into the shooting in the pre-dawn hours of 14 February 2013. | |
Du Toit identified two areas he believes will be crucial to Pistorius's defence: the runner's own testimony and evidence given by the defence's forensic and ballistics experts. | Du Toit identified two areas he believes will be crucial to Pistorius's defence: the runner's own testimony and evidence given by the defence's forensic and ballistics experts. |
Roux has made it clear that Pistorius's experts will offer another version regarding the shots that killed Steenkamp, arguing that Pistorius fired with "double-tap" bursts that gave Steenkamp no time to scream, and so Pistorius did not realise he was shooting at Steenkamp. | Roux has made it clear that Pistorius's experts will offer another version regarding the shots that killed Steenkamp, arguing that Pistorius fired with "double-tap" bursts that gave Steenkamp no time to scream, and so Pistorius did not realise he was shooting at Steenkamp. |
Du Toit also noted that police experts had not tested whether parts of Pistorius's story were plausible. "So all they [the defence] have to do is say: 'Well, you never bothered so we tested it and this is what we found'," Du Toit said. | |
But, ultimately, Pistorius has admitted killing Steenkamp and he is expected to explain his decision to fire four times into a small cubicle from close range. That will open him up to cross-examination by the prosecution. | But, ultimately, Pistorius has admitted killing Steenkamp and he is expected to explain his decision to fire four times into a small cubicle from close range. That will open him up to cross-examination by the prosecution. |
"The only question is whether there was intent and intent is subjective," Du Toit said. "That means the accused must come and dispel that. Oscar [testifying] is definitely going to be the key, but I wonder if it's going to be good for him." | "The only question is whether there was intent and intent is subjective," Du Toit said. "That means the accused must come and dispel that. Oscar [testifying] is definitely going to be the key, but I wonder if it's going to be good for him." |