This article is from the source 'nytimes' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at http://www.nytimes.com/2014/08/09/world/africa/oscar-pistorius-murder-trial.html

The article has changed 6 times. There is an RSS feed of changes available.

Version 4 Version 5
Oscar Pistorius Lawyers, in Closing Argument, Say Murder Charge Is Too Strong Oscar Pistorius Lawyers, in Closing Argument, Say Murder Charge Is Too Strong
(35 minutes later)
PRETORIA, South Africa — The defense concluded its arguments on Friday at the murder trial of Oscar Pistorius, with his lawyers contending that he had killed his girlfriend in a tragic mistake that warranted a far less serious charge than murder.PRETORIA, South Africa — The defense concluded its arguments on Friday at the murder trial of Oscar Pistorius, with his lawyers contending that he had killed his girlfriend in a tragic mistake that warranted a far less serious charge than murder.
As she closed the hearing at the High Court in Pretoria, Judge Thokozile Matilda Masipa told both sides to return on Sept. 11, when she will deliver her ruling.As she closed the hearing at the High Court in Pretoria, Judge Thokozile Matilda Masipa told both sides to return on Sept. 11, when she will deliver her ruling.
The 41-day trial lasted well beyond the three weeks it was initially scheduled for. South Africa’s first trial shown on live television, it drew a global audience with its cast of outsize characters, especially Mr. Pistorius, 27, the double-amputee athlete nicknamed the Blade Runner, who overcome his disability to run in the Olympics against able-bodied men. The 41-day trial lasted well beyond the three weeks it was initially scheduled for. South Africa’s first trial shown on live television, it drew a global audience with its cast of outsize characters, especially Mr. Pistorius, 27, the double-amputee athlete nicknamed the Blade Runner, who overcame his disability to run in the Olympics against able-bodied men.
Mr. Pistorius’s main lawyer, Barry Roux, emphasized that because of his disability, Mr. Pistorius had felt acutely vulnerable on the night of the shooting, Feb. 14, 2013, when, the defense says, he thought an intruder had entered his home, in a gated complex in Pretoria. Mr. Roux said Mr. Pistorius’s disability left him continually anxious, likening it to the trauma suffered by a longtime victim of domestic abuse — a comparison that Judge Masipa questioned.Mr. Pistorius’s main lawyer, Barry Roux, emphasized that because of his disability, Mr. Pistorius had felt acutely vulnerable on the night of the shooting, Feb. 14, 2013, when, the defense says, he thought an intruder had entered his home, in a gated complex in Pretoria. Mr. Roux said Mr. Pistorius’s disability 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 bathroom by firing four shots through the locked bathroom door and accidentally killing his girlfriend, Reeva Steenkamp, 29, who was inside. The case came down to a matter of seconds as Mr. Pistorius stood outside the door, Mr. Roux said.In that state of mind, Mr. Roux said, Mr. Pistorius reacted to the mistaken belief that an intruder was in his bathroom by firing four shots through the locked bathroom door and accidentally killing his girlfriend, Reeva Steenkamp, 29, who was inside. The case came down to a matter of seconds as Mr. Pistorius stood outside the door, Mr. Roux said.
“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 only to a charge of culpable homicide, a lesser crime in which sentencing is left to the judge’s discretion.Since there was no intention to kill, he said, the shooting should have led only to a charge of culpable homicide, a lesser crime in which sentencing is left to the judge’s discretion.
On Thursday, the lead prosecutor, Gerrie Nel, argued that Mr. Pistorius had committed premeditated murder when, after an argument, he shot Ms. Steenkamp, a law school graduate who had been making a career as a model and reality television star. Mr. Nel argued that no matter who was behind the bathroom door, Mr. Pistorius had set out to kill and should be convicted of premeditated murder, which carries a mandatory life sentence with a minimum of 25 years.On Thursday, the lead prosecutor, Gerrie Nel, argued that Mr. Pistorius had committed premeditated murder when, after an argument, he shot Ms. Steenkamp, a law school graduate who had been making a career as a model and reality television star. Mr. Nel argued that no matter who was behind the bathroom door, Mr. Pistorius had set out to kill and should be convicted of premeditated murder, which carries a mandatory life sentence with a minimum of 25 years.
Most experts say it is unlikely that Judge Masipa will find Mr. Pistorius guilty of premeditated murder. They point out that since Ms. Steenkamp’s death, he has been free on bail, based in part on an affidavit detailing his account of the shooting; people strongly suspected of premeditated murder are usually not granted bail, experts say.Most experts say it is unlikely that Judge Masipa will find Mr. Pistorius guilty of premeditated murder. They point out that since Ms. Steenkamp’s death, he has been free on bail, based in part on an affidavit detailing his account of the shooting; people strongly suspected of premeditated murder are usually not granted bail, experts say.
While the prosecution argued for a conviction on premeditated murder and the defense asked for a complete acquittal, each side appeared to be aiming for something in between, said Marius du Toit, a criminal defense lawyer and a former prosecutor.While the prosecution argued for a conviction on premeditated murder and the defense asked for a complete acquittal, each side appeared to be aiming for something in between, said Marius du Toit, a criminal defense lawyer and a former prosecutor.
“I would think that it will be between culpable homicide and murder,” Mr. du Toit said, referring to murder without premeditation, a lesser charge. “I don’t know if the state has done enough for murder, and I think Oscar Pistorius may have done too much for culpable homicide.”“I would think that it will be between culpable homicide and murder,” Mr. du Toit said, referring to murder without premeditation, a lesser charge. “I don’t know if the state has done enough for murder, and I think Oscar Pistorius may have done too much for culpable homicide.”
A murder conviction carries a maximum of 20 years in prison.A murder conviction carries a maximum of 20 years in prison.
The defense also tried to counter the prosecution’s portrayal of the couple’s relationship as deeply unhappy and troubled.The defense also tried to counter the prosecution’s portrayal of the couple’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.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.
Mr. Roux offered a different analysis. “Go and look at every single WhatsApp message,” he said. “Look at how quickly they made up” after arguing, he said.Mr. Roux offered a different analysis. “Go and look at every single WhatsApp message,” he said. “Look at how quickly they made up” after arguing, he said.
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.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.
Mr. Roux also sought to undermine the prosecution’s assertion that the couple had argued shortly before the shooting.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. in the early hours of Feb. 14, 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 bathroom door with a cricket bat at 3.17 a.m.. Mr. Roux said that when a security guard passed the house at 2 a.m. in the early hours of Feb. 14, 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 bathroom door with a cricket bat at 3:17 a.m..
With no jury system in South Africa, the outcome of the trial now rests with Judge Masipa, who will be helped by two assistants.With no jury system in South Africa, the outcome of the trial now rests with Judge Masipa, who will be helped by two assistants.