Showing posts with label Judge Thokozile Masipa. Show all posts
Showing posts with label Judge Thokozile Masipa. Show all posts

Friday, September 12, 2014

Oscar Pistorius guilty of culpable homicide



 

Oscar Pistorius has been found guilty of culpable homicide for shooting dead his girlfriend Reeva Steenkamp.
Judge Thokozile Masipa found the paralympian's actions were 'negligent' on the night he killed Ms Steenkamp in February 2013.
Pistorius, dubbed the Blade Runner due to his prosthetic limbs, has always admitted he had shot the model.
He said he mistook her for an intruder and fired four bullets from his 9mm pistol through the toilet cubicle in his Pretoria home.
Judge Masipa criticised Pistorius' decision to reach for his gun and fire it through the cubicle rather than raise the alarm or fire a warning shot.
She also accused the 27-year-old of being a poor witness, muddled over his defence and a liar.
She told him: "A reasonable person therefore, in the position of the accused with similar disabilities would have foreseen that the possibility that whoever was behind the door might be killed by the shots.
"They would have taken steps to avoid the consequences and the accused in this matter failed to take those consequences."
Summing up she said: "Having regard to the totality of this evidence in this matter, the unanimous decision of this court is the following: On count one, murder, the accused is found not guilty and discharged. Instead he is found guilty of culpable homicide."
Pistorius showed little emotion as the guilty verdict - South Africa's equivalent of manslaughter - was read out. The charge carries a maximum jail term of 15 years.
The judge had begun the day dealing with the three firearms charges which were unrelated to last year's Valentine's Day shooting.
Pistorius was found guilty of discharging a firearm at a restaurant in Johannesburg on January 11, 2013.
But he was acquitted of firing a gun through a car sunroof while with his then-girlfriend Samantha Taylor and friend Darren Fresco on November 30, 2012.
He was also cleared of illegally possessing .38 ammunition. Pistorius had denied all three charges.

Thursday, September 11, 2014

Oscar Pistorius Trial: Judge Thokozile Masipa says murder charge cannot be proven



But the paralympian must wait until Friday to find out whether he is guilty of manslaughter.
Judge Thokozile Masipa told Pretoria High Court there was 'no doubt' when Pistorius fired his gun 'he acted unlawfully', and she will rule whether he is guilty of the lesser charge - known as culpable homicide in South Africa - over the 29-year-old model's death.
At the end of Thursday's hearing, she found the athlete had acted 'negligently, 'too hastily' and used 'excessive force' while failing to take steps to avoid the resultant death.
And she questioned why he called security after shooting - but not before for help.
Judge Masipa stopped short of giving an actual verdict on manslaughter - which carries a maximum sentence of 15 years in prison - and adjourned proceedings for the day.
Earlier, she cleared Pistorius of both premeditated and second-degree murder, telling the trial 'there are not enough facts' to support the prosecution case that he had intended to kill Ms Steenkamp.
The judge said the charge of premeditated murder relied on 'circumstantial evidence' from the state, adding: "The State has not proved beyond reasonable doubt that the accused is guilty of premeditated murder. There are just not enough facts to support such a finding," she said.
Pistorius was charged with one count of murder, two of illegally discharging a firearm - which is unrelated to Ms Steenkamp's death - and one of illegally possessing ammunition.
He pleaded not guilty to all the charges.
The 27-year-old, his head down and shoulders shaking, was visibly distressed and wept in court as the judge recounted the events of Valentine's Day last year.
The prosecution had suggested Pistorius stormed down his bedroom corridor after his frightened girlfriend in a jealous rage and deliberately shot her through the toilet door.
It had pushed for a verdict of premeditated murder which carried a sentence of 25 years in prison.
The double amputee sprinter has insisted he was terrified and felt excessively vulnerable due to his disability and shot Ms Steenkamp in a tragic accident, believing her to be an intruder.
South Africa has no jury system so Judge Masipa is deciding on the verdicts herself with the help of two assessors.

Oscar Pistorius: Judge Thokozile Masipa currently delivering her verdic


After  a lengthy trial and 30 days of deliberation, Paralympian Oscar Pistorius is about to find out if he's going to be locked up for a very long time for the murder of his girlfriend or be set free. Judge Thokozile Masipa is currently delivering her verdict at the High Court in Pretoria