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Defense in Murder Trial of Oscar Pistorius Challenges Police Investigation Defense in Murder Trial of Oscar Pistorius Challenges Police Investigation
(35 minutes later)
PRETORIA, South Africa — As lawyers concluded their final submissions on Friday at the murder trial of Oscar Pistorius, the defense sought to cast doubt on the police investigation of the Valentine’s Day shooting last year when the double-amputee athlete killed his girlfriend in what he has called a tragic mistake.PRETORIA, South Africa — As lawyers concluded their final submissions on Friday at the murder trial of Oscar Pistorius, the defense sought to cast doubt on the police investigation of the Valentine’s Day shooting last year when the double-amputee athlete killed his girlfriend in what he has called a tragic mistake.
The case closed on the 41st day of a trial that has drawn a global audience through video and audio broadcasts, reinforced by avalanches of messages on social media sites. Final arguments by prosecution and defense lawyers are the last step before the case is handed over to Judge Thokozile Matilda Masipa.The case closed on the 41st day of a trial that has drawn a global audience through video and audio broadcasts, reinforced by avalanches of messages on social media sites. Final arguments by prosecution and defense lawyers are the last step before the case is handed over to Judge Thokozile Matilda Masipa.
As she closed the hearing, the judge said she would return to the court on Sept. 11 to pass judgment. In the absence of jury trials in the South African legal system, she will make her ruling helped by two assessors. The trial opened in early March and has frequently been delayed. It was initially set to last three weeks.As she closed the hearing, the judge said she would return to the court on Sept. 11 to pass judgment. In the absence of jury trials in the South African legal system, she will make her ruling helped by two assessors. The trial opened in early March and has frequently been delayed. It was initially set to last three weeks.
On Thursday, the lead prosecutor, Gerrie Nel, had derided Mr. Pistorius as mendacious and an unreliable witness. The prosecution says the athlete, disabled since the amputation of both legs below the knee at the age of 11 months, committed premeditated murder when he fired four rounds from a handgun through the locked door of a toilet where, he has said, he suspected there was at least one intruder.On Thursday, the lead prosecutor, Gerrie Nel, had derided Mr. Pistorius as mendacious and an unreliable witness. The prosecution says the athlete, disabled since the amputation of both legs below the knee at the age of 11 months, committed premeditated murder when he fired four rounds from a handgun through the locked door of a toilet where, he has said, he suspected there was at least one intruder.
The shots killed Reeva Steenkamp, his 29-year-old girlfriend, a law graduate who had been making a career as a model and reality television star.The shots killed Reeva Steenkamp, his 29-year-old girlfriend, a law graduate who had been making a career as a model and reality television star.
Mr. Nel argued that whoever was behind the toilet door, Mr. Pistorius had set out to kill him or her and should be convicted of murder, which carries a mandatory minimum sentence of 25 years before parole may be sought. Mr. Nel argued that whoever was behind the toilet door, Mr. Pistorius had set out to kill him or her and should be convicted of murder, which carries a mandatory life sentence with a minimum of 25 years before parole may be sought.
After the prosecution argument took up all but 30 minutes of the hearing on Thursday, Mr. Pistorius’s main lawyer, Barry Roux, began his final argument on Friday morning by challenging the forensic skills of police officers investigating the shooting, accusing them of moving items in Mr. Pistorius’s bedroom, including a fan.After the prosecution argument took up all but 30 minutes of the hearing on Thursday, Mr. Pistorius’s main lawyer, Barry Roux, began his final argument on Friday morning by challenging the forensic skills of police officers investigating the shooting, accusing them of moving items in Mr. Pistorius’s bedroom, including a fan.
Prosecutors have accused Mr. Pistorius of lying about his actions in his bedroom immediately before the shooting, including the use of the fan. They have said that an extension cord in the bedroom was too short to reach it.Prosecutors have accused Mr. Pistorius of lying about his actions in his bedroom immediately before the shooting, including the use of the fan. They have said that an extension cord in the bedroom was too short to reach it.
The defense lawyer then attempted to counter the prosecution’s portrayal of Mr. Pistorius and Ms. Steenkamp’s relationship as deeply unhappy and troubled.The defense lawyer then attempted to counter the prosecution’s portrayal of Mr. Pistorius and Ms. Steenkamp’s relationship as deeply unhappy and troubled.
On Thursday, Mr. Nel argued that cellphone messages between the two on the application WhatsApp showed that Ms. Steenkamp was unhappy and fearful of her boyfriend just weeks before the shooting in the early hours of Feb. 14, 2013, at Mr. Pistorius’s home in a gated complex here in Pretoria, the South African capital.On Thursday, Mr. Nel argued that cellphone messages between the two on the application WhatsApp showed that Ms. Steenkamp was unhappy and fearful of her boyfriend just weeks before the shooting in the early hours of Feb. 14, 2013, at Mr. Pistorius’s home in a gated complex here in Pretoria, the South African capital.
But Mr. Roux offered a different analysis. “Go and look at every single WhatsApp message,” he said. “Look at how quickly they made up,” he said, referring to the couple’s recovery from differences.But Mr. Roux offered a different analysis. “Go and look at every single WhatsApp message,” he said. “Look at how quickly they made up,” he said, referring to the couple’s recovery from differences.
In the courtroom, Mr. Pistorius, who mostly kept his head down during the prosecution’s final argument on Thursday, looked directly at his lawyer on Friday morning.In the courtroom, Mr. Pistorius, who mostly kept his head down during the prosecution’s final argument on Thursday, looked directly at his lawyer on Friday morning.
Mr. Roux also sought to undermine the prosecution’s assertion that the couple had argued shortly before the shooting. Mr. Roux said that when a security guard passed the house at 2 a.m., it had seemed normal. If there had been an argument, he said, the guard would have heard. Mr. Roux also set out a detailed timeline of what he says was the sequence of events, beginning with the first shots fired at 3.12 a.m., cries of “help” from Mr. Pistorius at 3.15 a.m., and the sound of him breaking down the toilet door with a cricket bat at 3.17 a.m..Mr. Roux also sought to undermine the prosecution’s assertion that the couple had argued shortly before the shooting. Mr. Roux said that when a security guard passed the house at 2 a.m., it had seemed normal. If there had been an argument, he said, the guard would have heard. Mr. Roux also set out a detailed timeline of what he says was the sequence of events, beginning with the first shots fired at 3.12 a.m., cries of “help” from Mr. Pistorius at 3.15 a.m., and the sound of him breaking down the toilet door with a cricket bat at 3.17 a.m..
As he has done throughout the trial, Mr. Roux emphasized that, because of his disability, Mr. Pistorius had felt acutely vulnerable on the night of the shooting when he thought an intruder had entered his home.As he has done throughout the trial, Mr. Roux emphasized that, because of his disability, Mr. Pistorius had felt acutely vulnerable on the night of the shooting when he thought an intruder had entered his home.
On Thursday, the prosecutor had argued that Mr. Pistorius was actually self-confident and claimed to feel anxious only when it was convenient.On Thursday, the prosecutor had argued that Mr. Pistorius was actually self-confident and claimed to feel anxious only when it was convenient.
Mr. Roux said that Mr. Pistorius’s disability had resulted in a “slow burn” that left him continually anxious, likening it to the trauma suffered by a longtime victim of domestic abuse — a comparison that Judge Masipa questioned.Mr. Roux said that Mr. Pistorius’s disability had resulted in a “slow burn” that left him continually anxious, likening it to the trauma suffered by a longtime victim of domestic abuse — a comparison that Judge Masipa questioned.
In that state of mind, Mr. Roux said, Mr. Pistorius reacted to the mistaken belief that an intruder was in his toilet by firing four shots and accidentally killing Ms. Steenkamp. The case came down to a matter of seconds as Mr. Pistorius stood outside the toilet door, Mr. Roux said. “That’s what the case is all about,” he added.In that state of mind, Mr. Roux said, Mr. Pistorius reacted to the mistaken belief that an intruder was in his toilet by firing four shots and accidentally killing Ms. Steenkamp. The case came down to a matter of seconds as Mr. Pistorius stood outside the toilet door, Mr. Roux said. “That’s what the case is all about,” he added.
If Judge Masipa found that Mr. Pistorius had acted reasonably, “then you acquit him,” Mr. Roux told her.If Judge Masipa found that Mr. Pistorius had acted reasonably, “then you acquit him,” Mr. Roux told her.
Mr. Roux also argued that Mr. Pistorius’s training as a sprinter had made him more susceptible to react instinctively to sound.Mr. Roux also argued that Mr. Pistorius’s training as a sprinter had made him more susceptible to react instinctively to sound.
“He was standing at the door, vulnerable, anxious with his finger on the trigger and when he heard a noise, bang,” Mr. Roux said, slamming the wooden lectern in front of him with his hand.“He was standing at the door, vulnerable, anxious with his finger on the trigger and when he heard a noise, bang,” Mr. Roux said, slamming the wooden lectern in front of him with his hand.
Since there was no intention to kill, he said, the shooting should have led to a charge of culpable homicide, a significantly lesser charge for which the level of sentencing would have been left at the judge’s discretion. Since there was no intention to kill, he said, the shooting should have led just to a charge of culpable homicide, a significantly lesser charge for which the level of sentencing is left at the judge’s discretion.