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Oscar Pistorius murder trial: what's disability got to do with it? Oscar Pistorius murder trial: what's disability got to do with it?
(about 1 month later)
Oscar Pistorius once took every opportunity to downplay his disability. Oscar Pistorius once took every opportunity to downplay his disability.
In 2007, Pistorius told the New York Times that he refused to park in disabled bays. “I don’t see myself as disabled,” he told the journalist: a sentiment he also expressed elsewhere on numerous occasions. “There’s nothing I can’t do that able-bodied athletes can do.”In 2007, Pistorius told the New York Times that he refused to park in disabled bays. “I don’t see myself as disabled,” he told the journalist: a sentiment he also expressed elsewhere on numerous occasions. “There’s nothing I can’t do that able-bodied athletes can do.”
In an interview with the Telegraph in 2005, he posed the question: “Anyway, what is disabled?”In an interview with the Telegraph in 2005, he posed the question: “Anyway, what is disabled?”
“Some people view themselves as disabled because they have one or two disabilities,” he explained. “But what about the millions and millions of abilities they have? So what if you have a leg or two missing?” The answer to that “so what?” may now be what keeps him out of prison.“Some people view themselves as disabled because they have one or two disabilities,” he explained. “But what about the millions and millions of abilities they have? So what if you have a leg or two missing?” The answer to that “so what?” may now be what keeps him out of prison.
Over the past week of the Pistorius trial, defence witness Wayne Derman, a professor of sports medicine, testified that Pistorius justifiably feared more for his safety than a non-disabled person would because disabled people are more likely to be the victims of attacks; and that Pistorius’s anxiety over his disability induced a “fight or flight” response which he said had been observed in other people with disabilities.Over the past week of the Pistorius trial, defence witness Wayne Derman, a professor of sports medicine, testified that Pistorius justifiably feared more for his safety than a non-disabled person would because disabled people are more likely to be the victims of attacks; and that Pistorius’s anxiety over his disability induced a “fight or flight” response which he said had been observed in other people with disabilities.
This is the first time that Pistorius’ disability has occupied such a central position in a murder trial that has stretched over 10 weeks. Other aspects of the case, such as debates over responsible gun ownership, have arguably been discussed far more widely.This is the first time that Pistorius’ disability has occupied such a central position in a murder trial that has stretched over 10 weeks. Other aspects of the case, such as debates over responsible gun ownership, have arguably been discussed far more widely.
Stellenbosch academic Leslie Swartz noted last year that there had been a relative lack of attention within the South African media and society more broadly to issues of disability in relation to the case.Stellenbosch academic Leslie Swartz noted last year that there had been a relative lack of attention within the South African media and society more broadly to issues of disability in relation to the case.
For instance, when South Africa's women, children and disabilities minister Lulu Xingwana went on Australian television after Steenkamp’s shooting and said Pistorius’ behaviour was typical of "young Afrikaner men who are brought up in the Calvinist religion”, she did not mention disability as potentially playing a role. She was accused of racism and later apologised.For instance, when South Africa's women, children and disabilities minister Lulu Xingwana went on Australian television after Steenkamp’s shooting and said Pistorius’ behaviour was typical of "young Afrikaner men who are brought up in the Calvinist religion”, she did not mention disability as potentially playing a role. She was accused of racism and later apologised.
Some commentators have bristled at the use of Pistorius’ disability as a defence – particularly given his history of downplaying the significance of it. Some commentators have bristled at the use of Pistorius’ disability as a defence – particularly given his history of downplaying the significance of it.
From the mid-2000s, Pistorius had been engaged in a battle to be allowed to compete against non-disabled athletes. In 2007, the International Association of Athletics Federations banned him from non-disabled competition because they believed his Cheetah running blades would give him an unfair advantage over other athletes. From the mid-2000s, Pistorius had been engaged in a battle to be allowed to compete against non-disabled athletes. In 2007, the International Association of Athletics Federations banned him from non-disabled competition because they believed his Cheetah running blades would give him an unfair advantage over other athletes.
Pistorius went from being seen as disabled, to being perceived as super-able. Pistorius, researchers at Pennsylvania State University wrote in a 2010 paper, “represents a new category in the hierarchy of bodies – not disabled, not able-bodied, but ‘too abled’".Pistorius went from being seen as disabled, to being perceived as super-able. Pistorius, researchers at Pennsylvania State University wrote in a 2010 paper, “represents a new category in the hierarchy of bodies – not disabled, not able-bodied, but ‘too abled’".
He was even seen as not quite human. In their study of media coverage of Pistorius during 2007 and 2008, the researchers found that prominent use of “cyborg” imagery to discuss the athlete “marked Pistorius as deviant and even dangerous”.He was even seen as not quite human. In their study of media coverage of Pistorius during 2007 and 2008, the researchers found that prominent use of “cyborg” imagery to discuss the athlete “marked Pistorius as deviant and even dangerous”.
On a number of occasions, initial discussions of Pistorius’ running blades included mention of whether he could use them to inflict physical harm on rivals. A Wired article described the sound Pistorius made while running as “like being chased by a giant pair of scissors”: a decidedly sinister image.On a number of occasions, initial discussions of Pistorius’ running blades included mention of whether he could use them to inflict physical harm on rivals. A Wired article described the sound Pistorius made while running as “like being chased by a giant pair of scissors”: a decidedly sinister image.
Yet Pistorius himself seems to have embraced the metaphor of his body as partly mechanical. He titled his autobiography Blade Runner, a science fiction reference, and posed for advertising campaigns centred on his image as part-man, part-machine – most notoriously Nike’s “I am the bullet in the chamber”.Yet Pistorius himself seems to have embraced the metaphor of his body as partly mechanical. He titled his autobiography Blade Runner, a science fiction reference, and posed for advertising campaigns centred on his image as part-man, part-machine – most notoriously Nike’s “I am the bullet in the chamber”.
Pistorius’ dream was eventually realised: he competed alongside non-disabled athletes at the London Olympics in 2012. It seemed the ultimate indication that the athlete had, indeed, triumphed over his disability. It was easy to believe his claim that he did not see himself as disabled.Pistorius’ dream was eventually realised: he competed alongside non-disabled athletes at the London Olympics in 2012. It seemed the ultimate indication that the athlete had, indeed, triumphed over his disability. It was easy to believe his claim that he did not see himself as disabled.
And yet he continued to do important work for others who were disabled. In an interview in 2012, he said he wanted to help change perceptions of disabilities, and his real passion was his foundation to help fit prosthetic legs for people who had lost limbs in land mine explosions.And yet he continued to do important work for others who were disabled. In an interview in 2012, he said he wanted to help change perceptions of disabilities, and his real passion was his foundation to help fit prosthetic legs for people who had lost limbs in land mine explosions.
“When I’m finished with sports, I’m not a politician, I’m not a coach, I love what I do at the moment but for me that’s where my heart lies,” Pistorius said. “One day when I retire that’s probably where I’ll spend most of my time.”“When I’m finished with sports, I’m not a politician, I’m not a coach, I love what I do at the moment but for me that’s where my heart lies,” Pistorius said. “One day when I retire that’s probably where I’ll spend most of my time.”
The image of Pistorius as having transcended disability has been largely shattered by his murder trial. In recent days the defence has been at pains to stress the athlete’s extremely limited and painful mobility without his prosthetic legs.The image of Pistorius as having transcended disability has been largely shattered by his murder trial. In recent days the defence has been at pains to stress the athlete’s extremely limited and painful mobility without his prosthetic legs.
Footage released by an Australian TV network this weekend showing Pistorius re-enacting the shooting of Steenkamp without his prosthetic limbs provides a contrast to the images of Pistorius the athlete crossing finish-lines in triumph.Footage released by an Australian TV network this weekend showing Pistorius re-enacting the shooting of Steenkamp without his prosthetic limbs provides a contrast to the images of Pistorius the athlete crossing finish-lines in triumph.
In his own testimony on the stand, Pistorius admitted being “shy” and “embarrassed” by people seeing him without his prosthetic legs.In his own testimony on the stand, Pistorius admitted being “shy” and “embarrassed” by people seeing him without his prosthetic legs.
The psychologists’ reports on Pistorius, completed while he was undergoing mental evaluation at Weskoppies Hospital, have been published on the City Press website, partially redacted, after an agreement was reached with Judge Thokozile Masipa. Psychologist Jonathan Scholtz’s report says Pistorius is self-conscious and anxious about being ridiculed or embarrassed.The psychologists’ reports on Pistorius, completed while he was undergoing mental evaluation at Weskoppies Hospital, have been published on the City Press website, partially redacted, after an agreement was reached with Judge Thokozile Masipa. Psychologist Jonathan Scholtz’s report says Pistorius is self-conscious and anxious about being ridiculed or embarrassed.
It also indicates that Pistorius’ mother may have had an influential role in shaping how her son thought about his disability, as she was determined to treat all of her children equally. “The word disabled was never mentioned,” the report states.It also indicates that Pistorius’ mother may have had an influential role in shaping how her son thought about his disability, as she was determined to treat all of her children equally. “The word disabled was never mentioned,” the report states.
One can imagine that for Pistorius to lay his disability bare before the world must be the source of anxiety. But a number of disabled commentators have expressed concern that the use of disability in his defence may have elements of expedience. One can imagine that for Pistorius to lay his disability bare before the world must be the source of anxiety. But a number of disabled commentators have expressed concern that the use of disability in his defence may have elements of expedience.
Rosemarie Garland-Thomson, professor of Women's Studies and English at Emory University, wrote in the aftermath of the Steenkamp shooting: “As a woman, mother of daughters, and feminist, I seethed with repugnance and outrage hearing that he'd shot Reeva Steenkamp four times, that he had a history of abusive incidents against women. As a person with a disability myself –in fact, a congenital limb reduction like Pistorius – I fear the links that may be made between disability and temperament.”Rosemarie Garland-Thomson, professor of Women's Studies and English at Emory University, wrote in the aftermath of the Steenkamp shooting: “As a woman, mother of daughters, and feminist, I seethed with repugnance and outrage hearing that he'd shot Reeva Steenkamp four times, that he had a history of abusive incidents against women. As a person with a disability myself –in fact, a congenital limb reduction like Pistorius – I fear the links that may be made between disability and temperament.”
As it emerged, those links would be made not by callous commentators but by Pistorius’ own defence team.As it emerged, those links would be made not by callous commentators but by Pistorius’ own defence team.
Last week the president of the US-based National Organisation on Disability, Carol Glazer, was quoted as describing the use of disability in his murder defence as “exploitation”.Last week the president of the US-based National Organisation on Disability, Carol Glazer, was quoted as describing the use of disability in his murder defence as “exploitation”.
She continued: “Anyone who can figure out how to win an able-bodied track medal in the World Championships, participate in the able-bodied Olympics, and then win a gold in the Paralympics, has figured out how to adapt to his disability.”She continued: “Anyone who can figure out how to win an able-bodied track medal in the World Championships, participate in the able-bodied Olympics, and then win a gold in the Paralympics, has figured out how to adapt to his disability.”
South African disabled rights advocates have made similar comments. In April, Ari Seirlis, head of the QuadPara Association of South Africa, told the Mail & Guardian: “You can’t hold up a gold medal in one hand and a pistol in another.”South African disabled rights advocates have made similar comments. In April, Ari Seirlis, head of the QuadPara Association of South Africa, told the Mail & Guardian: “You can’t hold up a gold medal in one hand and a pistol in another.”
Seirlis said: “We’re saying he didn’t earn the right to use that as an excuse; when he earned the gold, he took away his right to use that excuse.”Seirlis said: “We’re saying he didn’t earn the right to use that as an excuse; when he earned the gold, he took away his right to use that excuse.”
Pistorius fought hard not to be seen as disabled. His Telegraph interview in 2005 concluded: “Oscar Pistorius is not a disabled gold medalist and world record holder, merely a gold medalist and world record holder with no legs.”Pistorius fought hard not to be seen as disabled. His Telegraph interview in 2005 concluded: “Oscar Pistorius is not a disabled gold medalist and world record holder, merely a gold medalist and world record holder with no legs.”
Perhaps unfairly, his success in that regard is now being held up by media commentators as evidence that his defence must be fundamentally disingenuous. Wherever the truth lies, it is doubtful that Pistorius can ever regain his position as symbolic of triumph over adversity.Perhaps unfairly, his success in that regard is now being held up by media commentators as evidence that his defence must be fundamentally disingenuous. Wherever the truth lies, it is doubtful that Pistorius can ever regain his position as symbolic of triumph over adversity.
“There is no excuse for violence against women. There is no excuse for murder,” Garland-Thomson wrote. “But that doesn’t lessen the regret of losing Pistorius as a symbol."“There is no excuse for violence against women. There is no excuse for murder,” Garland-Thomson wrote. “But that doesn’t lessen the regret of losing Pistorius as a symbol."
A version of this article first appeared on Daily MaverickA version of this article first appeared on Daily Maverick