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| Oscar Pistorius trial: Why culpable homicide, not murder | Oscar Pistorius trial: Why culpable homicide, not murder |
| (about 1 hour later) | |
| Judge Thokozile Masipa has found Olympic athlete Oscar Pistorius guilty of culpable homicide, after he shot his girlfriend Reeva Steenkamp dead on Valentines' Day 2013. | Judge Thokozile Masipa has found Olympic athlete Oscar Pistorius guilty of culpable homicide, after he shot his girlfriend Reeva Steenkamp dead on Valentines' Day 2013. |
| But she acquitted him of two charges of murder. | But she acquitted him of two charges of murder. |
| Here is a guide to the judge's reasoning: | Here is a guide to the judge's reasoning: |
| Premeditated murder | Premeditated murder |
| The state argued that Mr Pistorius had had an argument with Ms Steenkamp, after which he deliberately shot her dead. | The state argued that Mr Pistorius had had an argument with Ms Steenkamp, after which he deliberately shot her dead. |
| The judge ruled this had not been proved, as there was only circumstantial evidence of an argument - uncorroborated witnesses' statements. | The judge ruled this had not been proved, as there was only circumstantial evidence of an argument - uncorroborated witnesses' statements. |
| She also dismissed witnesses who said they had heard Ms Steenkamp scream before the shots were fired, or before the final shot. | She also dismissed witnesses who said they had heard Ms Steenkamp scream before the shots were fired, or before the final shot. |
| "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." | "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." |
| The judge found that he consistently said he had fired in the belief there was an intruder and she had no reason to disbelieve him. | The judge found that he consistently said he had fired in the belief there was an intruder and she had no reason to disbelieve him. |
| She noted that to be acquitted, a defendant only had to give a version of events which could reasonably, possibly be true. | |
| Common-law murder | Common-law murder |
| He could also have been convicted of a lesser charge of murder, if he had unlawfully intended to kill in the heat of the moment but without "malice aforethought". | He could also have been convicted of a lesser charge of murder, if he had unlawfully intended to kill in the heat of the moment but without "malice aforethought". |
| This could have covered either shooting at the door intending to kill, or knowing someone might be killed and still firing a gun. | This could have covered either shooting at the door intending to kill, or knowing someone might be killed and still firing a gun. |
| This would also apply if he had intended to kill an intruder but had instead killed his girlfriend. | This would also apply if he had intended to kill an intruder but had instead killed his girlfriend. |
| But judge Masipa also dismissed this, saying: "The accused had the intention to shoot at the person behind the door, not to kill - the evidence failed to prove the accused had intention." | |
| She also said the prosecution had not proven that he "accepted the possibility of killing someone" when he fired a gun four times through the toilet door. | |
| This is a point on which many South Africans, including some legal experts, disagree. | |
| Culpable homicide (manslaughter) | Culpable homicide (manslaughter) |
| This means there was no intention to kill but the actions were negligent and not in keeping with a reasonable person. | This means there was no intention to kill but the actions were negligent and not in keeping with a reasonable person. |
| Judge Masipa said that Mr Pistorius had ample time to call for help, rather than going to confront a perceived intruder with a loaded gun. | Judge Masipa said that Mr Pistorius had ample time to call for help, rather than going to confront a perceived intruder with a loaded gun. |
| "The accused had reasonable time to reflect, to think and conduct himself reasonably," she said. | "The accused had reasonable time to reflect, to think and conduct himself reasonably," she said. |
| "The accused knew that there was a person behind the door, he chose to use a firearm which was a lethal weapon, was competent in the use of firearms as he had received training." | "The accused knew that there was a person behind the door, he chose to use a firearm which was a lethal weapon, was competent in the use of firearms as he had received training." |
| The judge rejected the defence arguments that Mr Pistorius is more likely to confront danger because of his disability - both his legs have been amputated. | The judge rejected the defence arguments that Mr Pistorius is more likely to confront danger because of his disability - both his legs have been amputated. |
| "Vulnerability is not unique - There are many people in this country without any form of security at all," she said. | "Vulnerability is not unique - There are many people in this country without any form of security at all," she said. |
| She summed up by saying: "The accused acted too hastily and used excessive force." | She summed up by saying: "The accused acted too hastily and used excessive force." |
| "It is clear that his conduct was negligent." | "It is clear that his conduct was negligent." |
| The sentence for culpable homicide is a maximum of 15 years in jail. Legal experts say seven to 10 years is more likely. | The sentence for culpable homicide is a maximum of 15 years in jail. Legal experts say seven to 10 years is more likely. |
| Other charges | Other charges |
| Mr Pistorius was also convicted of illegally discharging a firearm in a restaurant - he could receive a jail term on this charge alone. | Mr Pistorius was also convicted of illegally discharging a firearm in a restaurant - he could receive a jail term on this charge alone. |
| He was acquitted of illegally firing a gun through a car sunroof, after the judge said the witnesses were unreliable. | He was acquitted of illegally firing a gun through a car sunroof, after the judge said the witnesses were unreliable. |
| He was also acquitted of illegal possession of ammunition. | He was also acquitted of illegal possession of ammunition. |
| Sentencing is likely to be in the next week or so. | Sentencing is likely to be in the next week or so. |