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Oscar Pistorius sentencing: Paralympian 'is a broken man who has lost everything', court hears Oscar Pistorius sentencing: Paralympian 'should serve three years of house arrest and community service', court hears
(about 1 hour later)
Oscar Pistorius is "a broken man, who has lost everything", a psychologist has told his sentencing hearing. Oscar Pistorius should serve three years of partial house arrest and carry out community service rather than be jailed for the killing of his girlfriend Reeva Steenkamp, the athlete's sentencing hearing has been told.
Dr Lore Hartzenberg, who held psycho-therapy sessions with the double-amputee Paralympian convicted last month of killing his girlfriend Reeva Steenkamp, was called to testify at the hearing by the defence. Correctional services social worker Joel Maringa argued against a prison term as he appeared for the defence during the first day of the sentencing hearing.
The South African athlete was acquitted of pre-meditated murder and second-degree murder last month, but convicted of manslaughter - known in the South African judicial system as culpable homicide. The South African athlete was acquitted of pre-meditated murder and second-degree murder last month, but convicted of culpable homicide for the shooting of his girlfriend Miss Steenkamp.
During today's hearing, Dr Hartzenberg told the court how Pistorius had been diagnosed with post-traumatic stress disorder by various experts. During the hearing today, Mr Maringa said Pistorius was a "co-operative" person. He said he should be sentenced to three years of "correctional supervision", which would mean the athlete would have to spend a portion of the day at home.
She said: "The effects of PTSD are such that the flashbacks and the re-experiencing of the shooting will be mental images he will always carry with him, making it difficult for him to escape from this." He also said he should carry out community service, such as cleaning work at a museum in Pretoria.
Dr Hartzenberg told the court Pistorius was "a broken man, who has lost everything." State prosecutor Gerrie Nel, who is pushing for a lengthy prison sentence, described the social worker's recommendations as "shockingly inappropriate" and described it as "no sentence."
Maringa, a social worker in South Africa's correctional services, listed Pistorius' involvement in international sporting bodies as well as charity projects and predicted that the athlete's behavior could be "successfully modified within the community context."
Earlier in the hearing, psychologist Dr Lore Hartzenberg, told the court Pistorius was "a broken man, who has lost everything."
She said Pistorius had lost "his love relationship with Miss Steenkamp" as well as his "moral and professional reputation", friends and "his career".She said Pistorius had lost "his love relationship with Miss Steenkamp" as well as his "moral and professional reputation", friends and "his career".
She said: "On an emotional level, his self-perception, his self-worth and identity have been damaged to the extent that he's unlikely to fully recover from the consequences of the shooting incident that occurred on the 14th of February, 2013."She said: "On an emotional level, his self-perception, his self-worth and identity have been damaged to the extent that he's unlikely to fully recover from the consequences of the shooting incident that occurred on the 14th of February, 2013."
Prosecutor Gerrie Nel criticised her findings, saying Pistorius would likely have the chance to rebuild his life. Mr Nel criticised her findings, saying Pistorius would likely have the chance to rebuild his life.
The runner's legal team hopes to persuade Judge Thokozile Masipa to be lenient when she sentences him after what is expected to be several days of legal argument and testimony.
Social worker Joel Maringa, who was also called to testify by the defence, suggested to the court that Pistorius be placed under correctional supervision, which would include periods of house arrest, for three years and that he perform 16 hours of community service a month during that time.
Such correctional supervision would allow Pistorius to train and attend athletics meetings again, Maringa said.
Nel said such a sentence would be "shockingly inappropriate" and described it as "no sentence."
Maringa, a social worker in South Africa's correctional services, listed Pistorius' involvement in international sporting bodies as well as charity projects and predicted that the athlete's behavior could be "successfully modified within the community context."
Earlier in the hearing, Dr Hartzenberg, who described herself as an expert in trauma counselling, said she first met Pistorius on February 25 last year, 11 days after the death of Ms Steenkamp, and had been counselling him since then.Earlier in the hearing, Dr Hartzenberg, who described herself as an expert in trauma counselling, said she first met Pistorius on February 25 last year, 11 days after the death of Ms Steenkamp, and had been counselling him since then.
"Some of the sessions were just him weeping and crying and me holding him," Dr Hartzenberg said, describing Pistorius as overcome with grief and guilt that he had caused Ms Steenkamp's death."Some of the sessions were just him weeping and crying and me holding him," Dr Hartzenberg said, describing Pistorius as overcome with grief and guilt that he had caused Ms Steenkamp's death.
Prosecutor Gerrie Nel cross-examines a witness during the court appearance of Oscar Pistorius in his sentencing on a charge of culpable homicide at the High Court in Pretoria (Reuters)
She said the shooting and Pistorius' lengthy and high-profile murder trial meant the athlete had also suffered severe loss.She said the shooting and Pistorius' lengthy and high-profile murder trial meant the athlete had also suffered severe loss.
"I can confirm his remorse and pain to be genuine," she said."I can confirm his remorse and pain to be genuine," she said.
Prosecutor Gerrie Nel cross-examines a witness during the court appearance of Oscar Pistorius in his sentencing on a charge of culpable homicide at the High Court in Pretoria (Reuters)
Responding to Dr Hartzenberg's description of a broken man, Mr Nel asked the psychologist about Ms Steenkamp's family.Responding to Dr Hartzenberg's description of a broken man, Mr Nel asked the psychologist about Ms Steenkamp's family.
"Would you not expect a broken family?" he asked, saying her father Barry had suffered a stroke as a result of the killing of his daughter."Would you not expect a broken family?" he asked, saying her father Barry had suffered a stroke as a result of the killing of his daughter.
Mr Nel said Pistorius also had the opportunity to return to his life and his track career. "We are now dealing with a broken man, but he is still alive," the prosecutor said.Mr Nel said Pistorius also had the opportunity to return to his life and his track career. "We are now dealing with a broken man, but he is still alive," the prosecutor said.
Judge Thokozile Masipa adjourned the hearing early as Nel requested time to review documents before he calls at least two of the state's witnesses on Tuesday. Sentencing is expected to conclude by the end of the week.
Sentences for culpable homicide - negligent killing - can range from a suspended sentence and a fine to 15 years in prison.Sentences for culpable homicide - negligent killing - can range from a suspended sentence and a fine to 15 years in prison.
Pistorius has admitted killing law graduate-turned-model Ms Steenkamp on Valentine's Day last year when he fired four shots through his toilet door. But he said it was a tragic accident and a case of mistaken identity - thinking the person in his bathroom was an intruder, and not his long-term girlfriend.Pistorius has admitted killing law graduate-turned-model Ms Steenkamp on Valentine's Day last year when he fired four shots through his toilet door. But he said it was a tragic accident and a case of mistaken identity - thinking the person in his bathroom was an intruder, and not his long-term girlfriend.
There is considerable difference among the predictions of South African lawyers over what sentence he will receive.There is considerable difference among the predictions of South African lawyers over what sentence he will receive.
Some believe he will escape jail because his lawyers will convince the judge that the disabled first-time offender would suffer particular hardship in custody, while others suggest the seriousness of the offence means a prison term is inevitable.Some believe he will escape jail because his lawyers will convince the judge that the disabled first-time offender would suffer particular hardship in custody, while others suggest the seriousness of the offence means a prison term is inevitable.
George Bizos, a human rights lawyer, said: "I think that the probabilities are that the judge will send him to prison for a certain period, but not a very long one."George Bizos, a human rights lawyer, said: "I think that the probabilities are that the judge will send him to prison for a certain period, but not a very long one."
Kelly Phelps, a senior public law lecturer at the University of Cape Town, claimed it was difficult to predict the outcome of the hearing because "sentencing law is so individually applied".Kelly Phelps, a senior public law lecturer at the University of Cape Town, claimed it was difficult to predict the outcome of the hearing because "sentencing law is so individually applied".
Additional reporting by Press Association and Associated Press Additional reporting by Press Association, Associated Press and Reuters