This morning, South African athlete Oscar Pistorius was sentenced to 6
years imprisonment for the murder of his girlfriend, Reeva
Steenkamp. Thokozile Masipa, the judge who pronounced the judgement
this morning was the same judge who presided over his original trial
and gave him a light sentence back in September 2014. Read her full court statement explaining reasons for her judgement below…
‘It is for this court now to impose the appropriate sentence for murder,’ she begins. ‘I
must decide whether there is any cause not to impose the 15-year
minimum sentence having considered all the evidence but will not set it
all out in detail now.’
must decide whether there is any cause not to impose the 15-year
minimum sentence having considered all the evidence but will not set it
all out in detail now.’
Masipa talks
about the evidence given by defence witness Professor Jonathan Scholtz, a
clinical psychologist who reported on Pistorius’ mental state.
about the evidence given by defence witness Professor Jonathan Scholtz, a
clinical psychologist who reported on Pistorius’ mental state.
According
to Masipa, Scholtz found that Pistorius displayed symptoms of
post-traumatic stress disorder, anxiety and depression, and was not well
enough to testify in the sentencing proceedings.
to Masipa, Scholtz found that Pistorius displayed symptoms of
post-traumatic stress disorder, anxiety and depression, and was not well
enough to testify in the sentencing proceedings.
Scholtz’s
report, she reads, says Pistorius’ childhood experiences made “him
aware of his own and his family’s vulnerability to crime”.
report, she reads, says Pistorius’ childhood experiences made “him
aware of his own and his family’s vulnerability to crime”.
‘Scholtz’s
report argued that Pistorius had suffered from media attention and
negative experiences in prison, such as overhearing the rape of an
inmate and witnessing his subsequent hanging.’
report argued that Pistorius had suffered from media attention and
negative experiences in prison, such as overhearing the rape of an
inmate and witnessing his subsequent hanging.’
‘These
were not supported by anything concrete. Evidence from a prison
employee suggested it was not possible for him to have witnessed this’
were not supported by anything concrete. Evidence from a prison
employee suggested it was not possible for him to have witnessed this’
‘Scholtz did not fare well under cross-examination”, Masipa says.
‘He
could not back up some of the claims made, about the prison experience
or claims that medication was withheld from Pistorius in prison but he
was a truthful witness’
could not back up some of the claims made, about the prison experience
or claims that medication was withheld from Pistorius in prison but he
was a truthful witness’
‘Murder is always a very serious crime.That the accused thought it was an intruder does not make it any less serious.’
‘The
interests of society demand that crimes of murder be punished severely.
But the demands must be legitimate, the defence argued that the
perception persists that Pistorius deliberately killed Steenkamp.’
interests of society demand that crimes of murder be punished severely.
But the demands must be legitimate, the defence argued that the
perception persists that Pistorius deliberately killed Steenkamp.’
‘This is not a case of gender violence, there is no indication at all that the deceased was in an abusive relationship.’
‘Society’s expectations for punishment cannot be legitimate if they are based on wrong perceptions”
”It is not surprising that the family is still grieving, they had “a very close bond … they feel the loss deeply”
”The pain runs deep and the impact of the accused’s conduct on the family of the deceased has been devastating.”
‘The
court is obliged to impose the minimum sentence of 15 years unless
there are substantial and compelling reasons to reduce it.
court is obliged to impose the minimum sentence of 15 years unless
there are substantial and compelling reasons to reduce it.
‘It is up to the court to decide what constitutes substantial and compelling circumstances’
‘It
is incumbent on the court to consider whether any sentence is
proportionate to the offence, taking into account the seriousness of the
crime and the culpability of the offender.
is incumbent on the court to consider whether any sentence is
proportionate to the offence, taking into account the seriousness of the
crime and the culpability of the offender.
‘To deviate from the minimum sentence it must take into account the particular circumstances of the case’
‘The
more uneasy a court feels about a sentence, the more likely it is that
an injustice can be perpetrated. Pistorius used a lethal weapon, with
high-grade ammunition, and fired four times, knowing full well there was
someone in the bathroom. He did not take the precaution of firing a
warning shot.’
more uneasy a court feels about a sentence, the more likely it is that
an injustice can be perpetrated. Pistorius used a lethal weapon, with
high-grade ammunition, and fired four times, knowing full well there was
someone in the bathroom. He did not take the precaution of firing a
warning shot.’
‘Pistorius was vulnerable
without his protheses, he believed the person in the bathroom was an
intruder. He immediately took steps to try to save the deceased’s life”.
without his protheses, he believed the person in the bathroom was an
intruder. He immediately took steps to try to save the deceased’s life”.
‘I disagree with the state prosecution that Pistorius showed no remorse’
”He
apologised in court, and previously and unsuccessfully tried to contact
the Steenkamp family privately, more than once. It undermines any
notion that he apologised as a ploy”.
apologised in court, and previously and unsuccessfully tried to contact
the Steenkamp family privately, more than once. It undermines any
notion that he apologised as a ploy”.
”He will only persist in his efforts to apologise to the family because he was genuinely remorseful”.
‘Mitigating factors outweigh the aggravating ones, and there are compelling reasons to deviate from the 15-year minimum.’
‘Pistorius was on his stumps and was vulnerable. The pain of the Steenkamp family is real and it is tangible.
”But the misperception persists that Pistorius intended to kill Reeva Steenkamp and that cannot be ignored”
”Our
courts are courts of law not courts of public opinion and public
indignation must be based on facts. Wrong perceptions exist in this case
and it is the duty of the court to correct it to prevent unjustified
outrage from the public”.
courts are courts of law not courts of public opinion and public
indignation must be based on facts. Wrong perceptions exist in this case
and it is the duty of the court to correct it to prevent unjustified
outrage from the public”.
‘Public opinion may be loud and persistent but it can play no role in the decision of this court.’
‘There
are “two Oscars” – the successful athlete and the vulnerable disabled
man. But this is not the only factor to consider. The defence wants a
non-custodial sentence and have cited workshops on anger management as
proof he had been rehabilitated but deterrence and retribution are just
as important.
are “two Oscars” – the successful athlete and the vulnerable disabled
man. But this is not the only factor to consider. The defence wants a
non-custodial sentence and have cited workshops on anger management as
proof he had been rehabilitated but deterrence and retribution are just
as important.
”Rehabilitation programmes
may not be sufficient now that Pistorius’ conviction has been upgraded
to murder, but he is a good candidate for rehabilitation”.
may not be sufficient now that Pistorius’ conviction has been upgraded
to murder, but he is a good candidate for rehabilitation”.
Pistorius
has already spent time in prison, and the court heard evidence that he
struggled as an inmate. But she does not accept that he was vilified or
treated badly by prison officials.[Being] quick-tempered does not
necessarily mean he is a violent person.I’m not convinced by the
evidence given by Scholtz that Pistorius ought to be hospitalized’
has already spent time in prison, and the court heard evidence that he
struggled as an inmate. But she does not accept that he was vilified or
treated badly by prison officials.[Being] quick-tempered does not
necessarily mean he is a violent person.I’m not convinced by the
evidence given by Scholtz that Pistorius ought to be hospitalized’
‘No sentence will please everyone. Nothing will bring back the deceased.
‘The
life of the accused will never be the same. He is a fallen hero, he
cannot be at peace. I was not surprised to hear him described as a
broken man.’
life of the accused will never be the same. He is a fallen hero, he
cannot be at peace. I was not surprised to hear him described as a
broken man.’
‘It was a noble gesture of Pistorius
to offer to do community service but punishment is not what you choose
to do. It ought to be painful although a long-term imprisonment will not
serve justice’
to offer to do community service but punishment is not what you choose
to do. It ought to be painful although a long-term imprisonment will not
serve justice’
‘Mr Pistorius, please
rise, the sentence that i impose for the murder dolus eventualis of the
deceased that is Reeva Steenkamp is six years imprisonment.’
rise, the sentence that i impose for the murder dolus eventualis of the
deceased that is Reeva Steenkamp is six years imprisonment.’
Credit: Guardian UK