Oscar Pistorius murder sentence live: Paralympian to spend more time in jail

Pistorius, 29, who was dressed in a dark suit, hugged members of his legal team and his sister Amiee one last time before he was taken down to the cells. She was in tears.

He was freed from prison in the South African capital Pretoria last October after serving one year of a five-year term for culpable homicide — the equivalent of manslaughter.

The state and large sections of the South African public had called for him to receive no less than the prescribed minimum 15-year sentence for murder, saying Pistorius had shown no remorse for the killing.

Judge Thokozile Masipa disagreed, accepting the defence’s arguments for a lesser punishment.

“Public opinion may be loud and persistent but it can play no role in the decision of this court,” Masipa said.

“I am of the view that a long term in prison will not serve justice.”

It was not clear whether the state would appeal the verdict. However, Pistorius’ defence team said he will not appeal the sentence.

She referred to previous evidence given by previous witnesses like Professor Jonathan Scholtz, who found that he displayed signs and reported symptoms of post-traumatic stress disorder.

She also looked at Pistorius’s personal circumstances, and his family background including his parents’ divorce when he was young and how he was born with missing fibula in both of his legs. She also mentioned his poor relationship with his father who was in court to hear the sentencing.

“Pistorius has no previous convictions. He is a renowned athlete ... He attended both primary and high school in Pretoria When he was in grade nine, his mother passed on... he felt the loss deeply,” she said.

But Judge Masipa said the court could not put much weight on what Pistorius told Professor Schultz because “there was no way to test the veracity of the complaints as Pistorius did not give evidence”.

“Secondly, Professor Scholtz did not fare well under cross examination,” she said.

“The fact that Pistorius thought Reeva was an intruder does not make the crime less serious,” she added.

She repeated that the crime of murder was a serious offence.

“The interests of society demand that people who commit serious crimes such as murder be punished severely,” she said.

Judge Masipa said there was “not a shred of evidence before this court that supports this perception”, that there was a row that occurred between Pistorius and Steenkamp.

She said there was also “no indication at all that the deceased was in abusive relationship at all”.

In looking at evidence from Reeva’s father Barry Steenkamp, she said it showed “that the pain runs deep and the impact of Pistorius’ conduct on the family of the deceased has been devastating”.

“The interests of society demand that people who commit serious crimes such as murder be punished severely,” she said.

#OscarPistorius judge describes the impact of Reeva Steenkamp's death on her father: https://t.co/N6HEBPrcrf https://t.co/3hm299D7Oh

— Sky News (@SkyNews) July 6, 2016

 

But Judge Masipa spoke admiringly of the runner’s repeated attempts to meet Reeva Steenkamp’s family after the incident occurred. She said she was of the belief he had shown some remorse.

“It is my view that it must be one of the most difficult things for any accused to have to face the victims of his crime and to apologise,” she said.

“It is highly improbable therefore, that the accused would persist in his request to meet the parents of the deceased and ask for forgiveness if he was not genuinely remorseful.”

#OscarPistorius judge on whether he has show remorse for killing Reeva Steenkamp https://t.co/O5h0LTRrgA

— Sky News (@SkyNews) July 6, 2016

In her ruling Judge Masipa said that although the Steenkamp family had suffered great loss, Pistorius’ life and career was also in ruins.

“The life of the accused shall also never be the same. He is a fallen hero and can never be at peace,” she said.

The judge said she was aware there was a widespread public perception that Pistorius had knowingly killed Steenkamp.

“Our courts are courts of law, not of public opinion,” she said.

She said the court was obliged to consider the fact that the accused successfully completed the rehabilitation programs while incarcerated - even though it was for a lesser crime of culpable homicide, rather than murder.

She believed Pistorius to be “a good candidate for rehabilitation” and is unlikely to re-offend.

But she said she had to be fair to the family and to Pistorius, as she handed him a six-year jail term.

Pistorius, 29, shot Steenkamp in the early hours of Valentine’s Day in 2013, claiming he mistook her for a burglar when he fired four times through the door of his bedroom toilet.

Sky News reports suggest the Steenkamp family thought the sentence was fair.

Steenkamp Lawyer Thinks Judgement 'Very Fair' https://t.co/9wwjOpC53y

— Sarah Collerton (@SarahCollerton) July 6, 2016

Members of the Women’s League of the ruling African National Congress, who have attended the trial in support of the murdered Steenkamp, said the sentence handed down by Masipa was not sufficient.

“First five years, now six years? She is an embarrassment to the justice system,” ANCWL spokeswoman Jacqueline Mofokeng said of Masipa. “It is an insult to women in this country.” Outside the court, a group of people held up placards backing the athlete. One read: “Give Oscar his freedom back please”.

Steenkamp’s father Barry, who said during sentencing hearings that Pistorius must pay for his crime, declined to comment on the prospects for an appeal.

“We’ll leave that to the state,” he told reporters.

‘Pay for his crime’

During sentencing submissions, Pistorius sobbing heavily, hobbled on his stumps across the courtroom to demonstrate his physical vulnerability as his lawyers argued he should not return to jail on account of his anxiety disorder and depression.

But prosecutor Gerrie Nel argued that the double-amputee sprinter should be given a lengthy jail term as he failed to show any remorse for the murder and should pay for his crime.

 

Pistorius slammed for TV interview

Nel also criticised Pistorius for filming a recent television interview, despite claiming to be too unwell to give evidence in court.

In the interview — his first since the killing — Pistorius said that he believed Steenkamp would want him to devote his life to charity rather than return to prison.

Steenkamp’s father 73-year-old Barry broke down during his testimony at the sentencing hearing as he called for Pistorius to “pay for his crime” of murdering Reeva, a model and law graduate.

Pistorius, who pleaded not guilty at his trial in 2014, has always denied killing Steenkamp in a rage, saying he was trying to protect her.

The Supreme Court of Appeal in December ruled that Pistorius was guilty of murder, irrespective of who was behind the door when he opened fire with a high-calibre pistol he kept under his bed.

His is now likely return to the hospital section of Kgosi Mampuru II prison in Pretoria, separated from regular inmates.

Pistorius — who was born without calf bones — had his legs amputated below the knee when he was just 11 months old so he could be fitted with prosthetic legs.

Since his release, Pistorius has lived under restrictions at his uncle’s mansion in Pretoria.

He became the first Paralympian to compete against able-bodied athletes at the 2012 London Olympics.