South African appeals court convicts Oscar Pistorius of murder, overturns lesser conviction | iNFOnews | Thompson-Okanagan's News Source
Subscribe

Would you like to subscribe to our newsletter?

South African appeals court convicts Oscar Pistorius of murder, overturns lesser conviction

FILE - In this Sunday, Aug. 5, 2014 file photo South Africa's Oscar Pistorius starts in the men's 400-meter semifinal during the athletics in the Olympic Stadium at the 2012 Summer Olympics, London. A South African appeals court on Thursday convicted Oscar Pistorius of murder, overturning a lower court's conviction of the double-amputee Olympian on the lesser charge of manslaughter for shooting girlfriend Reeva Steenkamp to death in 2013. (AP Photo/Anja Niedringhaus, File)
Original Publication Date December 02, 2015 - 11:05 PM

JOHANNESBURG - An appeals court decided Thursday that Oscar Pistorius got away with murder when he stood trial for killing his girlfriend, a ruling that will almost certainly send the disgraced Olympian back to prison.

The court overturned his conviction on the lesser charge of manslaughter in the 2013 shooting death of model Reeva Steenkamp and instead found Pistorius guilty of murder.

The latest dramatic twist in the case of the double amputee runner was "a human tragedy of Shakespearean proportions," wrote Justice Lorimer Eric Leach.

Pistorius, who is under house arrest at his uncle's mansion in Pretoria, was not in the Bloemfontein courtroom for the verdict. Steenkamp's mother, June, sat impassively as Leach read the verdict.

The 29-year-old Pistorius served one year of a five-year sentence before being put under house arrest in October.

The minimum sentence for murder in South Africa is 15 years, but exceptional circumstances in the case of the former track star, including time served, his disability and his status as a first-time offender, could mean a lower sentence.

Sentencing is up to the North Gauteng High Court, where Pistorius was tried. South African media said Judge Thokozile Masipa, who presided over the original trial, will handle the matter. No sentencing date has been set.

The Pistorius family said in a statement: "The legal team will study the finding and we will be guided by them in terms of options going forward."

Steenkamp's father, Barry, told South African television channel ANN7 that the judgment was fair.

"Let us now all get on with our lives," he said.

His voice breaking with emotion, he said of his daughter: "I'm sure she'll be able to rest as well now."

Pistorius' trial riveted people around the world because of its gripping saga of a celebrity athlete's plunge from grace by his own actions.

His legs were amputated below the knees when he was 11 months old because he was born without fibula bones due to a congenital defect. However, he grew up playing sports with prosthetics and became a multiple Paralympic champion known as the "Blade Runner" for his carbon-fiber running blades. The sight of Pistorius racing at the 2012 London Olympics was one of the enduring and inspirational images of the games.

"A young man overcomes huge physical disabilities to reach Olympian heights as an athlete," Leach said while delivering the ruling on behalf of the five-judge appeals court.

"In doing so, he becomes an international celebrity. He meets a young woman of great natural beauty and a successful model. Romance blossoms and then ironically, on Valentine's Day, all is destroyed when he takes her life," he said.

The trial also highlighted the issue of violence against women. Steenkamp, a 29-year-old model who appeared in a reality TV show, had planned to give a speech touching on domestic abuse and family relationships at a school on the day she died.

Pistorius insisted he shot Steenkamp by mistake, thinking there was an intruder behind the door of a toilet cubicle in his home. The prosecution said Pistorius shot Steenkamp during an argument.

Prosecutors in South Africa can appeal convictions on questions of law, and Leach found that Masipa committed an "error in law" by incorrectly applying a legal principle called "dolus eventualis."

Under that concept, a person can be convicted of murder if he or she foresaw the possibility of someone dying through their actions and went ahead anyway.

Leach said that regardless of who Pistorius said he thought was behind the door, he should have known someone could be killed if he fired.

"The accused ought to have been found guilty of murder on the basis that he had fired the fatal shots with criminal intent," Leach said.

He also witheringly described Pistorius' often tearful trial testimony as "vacillating and untruthful."

Johann Engelbrecht, a criminal lawyer who is not involved in the Pistorius case, said it is doubtful the former athlete's lawyers could challenge the murder conviction by appealing to the constitutional Court. He speculated that prosecutors would want the sentencing process to proceed swiftly rather than let Pistorius remain under house arrest for an extended period.

There was no sign of Pistorius outside the home of his uncle, Arnold. As the judge began to read the decision, broadcast live on TV, the uncle was seen rushing into the house. Later, the uncle drove off in a car.

___

Associated Press writer Lynsey Chutel contributed to this report.

News from © The Associated Press, 2015
The Associated Press

  • Popular vernon News
  • Why Okanagan Lake doesn't freeze anymore
    Don Knox remembers not only skating on a glassy smooth Okanagan Lake as a young child, but also on a nicely frozen Mission Creek. “When we were kids – I can’t remember the
  • Judge locks bank accounts of Okanagan business owner, suspected drug supplier
    An Okanagan man suspected of using his car dealership and mortgages to hide drug money had his bank accounts frozen by a judge. He's one of three people included in the order as the prov
  • Where to get weird and exotic snacks in Kelowna
    Arabic malt energy drinks, protein Snickers bars, an edible Barbie dream house, Snoop Dogg chips; if any of those exotic snacks pique your interest there are places to get them in Kelowna. S
  • The free life — and lives — of Dag Aabye
    This feature first ran on iNFOnews in April of 2017. VERNON - For much of the year, home for Dag Aabye is a portable garden shed that he carried, in pieces, halfway up a mountain to a remo
  • Slippery slide: The decline of the Okanagan's waterslides
    They were once a mainstay of an Okanagan summer, where kids could burn off steam running back up the hill for another adrenaline-inducing ride down their favourite waterslide, while their parents
View Site in: Desktop | Mobile