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Oscar Pistorius trial: Accused 'inconsistent' on gunshots Oscar Pistorius trial: Premeditated murder ruled out
(35 minutes later)
The judge in the Oscar Pistorius trial has said the accused athlete's account of the shooting is inconsistent with someone who shot without thinking. The judge in the Oscar Pistorius trial has ruled out a verdict of premeditated murder, saying the prosecution failed to prove he killed his girlfriend deliberately after an argument.
Mr Pistorius has said that he did not intend to kill anyone, but Judge Thokozile Masipa said the height of the bullets suggested otherwise. But Judge Thokozile Masipa also rejected the defence's argument that the athlete lacked criminal capacity.
Earlier she questioned the reliability of several witnesses in court, while delivering her verdict on the athlete. The judge said she was satisfied the accused "could distinguish between right and wrong".
Correspondents say this could cast doubt on a key prosecution argument. She said he was an evasive witness but this did not mean he was guilty.
The South African Olympic sprinter denies murdering Ms Steenkamp on Valentine's Day last year, saying he thought there was an intruder.The South African Olympic sprinter denies murdering Ms Steenkamp on Valentine's Day last year, saying he thought there was an intruder.
The judge could also find him guilty of culpable homicide, or manslaughter, for which he would face a long jail term.The judge could also find him guilty of culpable homicide, or manslaughter, for which he would face a long jail term.
Mr Pistorius, 27, has pleaded not guilty to all the charges he faces, including two counts of shooting a firearm in public and the illegal possession of ammunition.Mr Pistorius, 27, has pleaded not guilty to all the charges he faces, including two counts of shooting a firearm in public and the illegal possession of ammunition.
'Insignificant' evidence'Insignificant' evidence
Judge Masipa began by detailing the charges against the athlete and repeating extracts of his testimony, reading in a slow, measured way.Judge Masipa began by detailing the charges against the athlete and repeating extracts of his testimony, reading in a slow, measured way.
She then moved on to a summary of the trial.She then moved on to a summary of the trial.
A tense-looking Mr Pistorius looked on from the dock, and then began to weep.A tense-looking Mr Pistorius looked on from the dock, and then began to weep.
Judge Masipa said that defence claims that police contaminated evidence and removed items from the crime scene "paled into insignificance". The judge questioned the reliability of several witnesses who apparently heard screams and gunshots at the time of the incident, saying most of those who said they had heard the incident had "got facts wrong".
But she questioned the reliability of several witnesses who apparently heard screams and gunshots at the time of the incident, saying most of those who said they had heard the incident had "got facts wrong". The prosecution had used these witnesses to try to prove that Mr Pistorius had killed Ms Steenkamp with premeditation after an argument.
The judge also said that the court would not make inferences about the state of the relationship between Mr Pistorius and Ms Steenkamp. The prosecution has suggested that it was "on the rocks". Later in her judgement, Judge Masipa concluded that the prosecution had failed in this.
She then suggested that Mr Pistorius knew his actions might result in death, which would leave him open to the charge of murder rather than culpable homicide. "The state has not proved beyond reasonable doubt that the accused is guilty of premeditated murder," she said. "There are just not enough facts to support such a finding."
However, she also suggested that Mr Pistorius knew his actions might result in death, which would leave him open to the charge of murder rather than culpable homicide.
"He stated that if he wanted to shoot the intruder he would have shot higher up and more in the direction where the opening of the door would be. To the far right of the door and at chest height," she said."He stated that if he wanted to shoot the intruder he would have shot higher up and more in the direction where the opening of the door would be. To the far right of the door and at chest height," she said.
"I pause to state that this assertion is inconsistent with that of someone who shot without thinking."I pause to state that this assertion is inconsistent with that of someone who shot without thinking.
The BBC's Andrew Harding says the court is witnessing Judge Masipa's logic and style - gentle, tolerant of error from witnesses, but razor sharp.The BBC's Andrew Harding says the court is witnessing Judge Masipa's logic and style - gentle, tolerant of error from witnesses, but razor sharp.
And he says that her conclusion that the state had not contradicted Mr Pistorius's version - that it was he who had screamed - suggests that a premeditated murder verdict is unlikely.
Correspondents say the judge appeared to be moving much more quickly than expected through the evidence, in a process which had been expected take hours or even days.Correspondents say the judge appeared to be moving much more quickly than expected through the evidence, in a process which had been expected take hours or even days.
During his closing remarks last month, his lawyer Barry Roux conceded that the athlete should be found guilty of negligence for discharging a firearm in a restaurant - which carries a maximum penalty of five years.During his closing remarks last month, his lawyer Barry Roux conceded that the athlete should be found guilty of negligence for discharging a firearm in a restaurant - which carries a maximum penalty of five years.
Most of the trial, which began on 3 March 2014, has been televised and attracted worldwide attention.Most of the trial, which began on 3 March 2014, has been televised and attracted worldwide attention.
Before the fatal shooting, the 27-year-old athlete was feted in South Africa and known as the "blade runner".Before the fatal shooting, the 27-year-old athlete was feted in South Africa and known as the "blade runner".
He had won gold at the London 2012 Paralympic Games and also competed at the Olympics.He had won gold at the London 2012 Paralympic Games and also competed at the Olympics.
The judgement at his trial is likely to be well over 100 pages. The judge is going through each charge, summing up the prosecution and defence cases and analysing the evidence.The judgement at his trial is likely to be well over 100 pages. The judge is going through each charge, summing up the prosecution and defence cases and analysing the evidence.
Ms Steenkamp, a 29-year-old model and law graduate, was hit three times by bullets shot through a toilet door by Mr Pistorius at his home in the capital, Pretoria, in the early hours of 14 February 2013.Ms Steenkamp, a 29-year-old model and law graduate, was hit three times by bullets shot through a toilet door by Mr Pistorius at his home in the capital, Pretoria, in the early hours of 14 February 2013.
He denies the prosecution's allegation that the couple - who had been dating for three months - had rowed.He denies the prosecution's allegation that the couple - who had been dating for three months - had rowed.
The athlete said he thought she was still in the bedroom when he heard a noise in the bathroom, which he believed to be an intruder.The athlete said he thought she was still in the bedroom when he heard a noise in the bathroom, which he believed to be an intruder.
The prosecution have tried to characterise Mr Pistorius as a "hothead", while his defence team have portrayed him as having a heightened response to perceived danger because of his disability and background.The prosecution have tried to characterise Mr Pistorius as a "hothead", while his defence team have portrayed him as having a heightened response to perceived danger because of his disability and background.
In July, a psychiatric report requested by the judge said Mr Pistorius had post-traumatic stress disorder but no mental illness that could prevent him being held criminally responsible for his actions.In July, a psychiatric report requested by the judge said Mr Pistorius had post-traumatic stress disorder but no mental illness that could prevent him being held criminally responsible for his actions.