The trial of Oscar Pistorius for the Valentine's Day killing of his girlfriend Reeva Steenkamp -- Pretoria, South Africa #2

3. Chronology of events presented by judge

4. Did accused have direct intention and premeditation to kill the deceased?  BRB Court break... Judge disregards the emails, other comments re the relationship as Judge says relationships are unpredictable; taking the cell phone to the toilet did not show evidence of anything;

Judge just said the security was at the house at 2:20 and found nothing unusual.....

Oscar Pistorius cannot be found guilty of murder


This is the early finding of Judge Thokozile Masipa, who is in the process of handing down judgment in the high-profile murder trial. While she has not yet delivered her verdict, she has stated that she does not believe that Pistorius intended to kill his girlfriend Reeva Steenkamp, nor could he have foreseen the possibility that he could kill a person standing behind the toilet door.


Read more...

http://www.enca.com/oscar-trial-reevas-death-was-not-murder

Sorry. Court had gone to lunch and I went to sleep...discouraged.
(Judge had stated there were only two people who knew what happened and one was the deceased; judge found it impossible to believe OP could have faked the emotions she saw in court and reported by first responders...I disagree. There WAS a paid employee living in the home and he was present during this "event" but refused to testify; OP has been in the spotlight for years so he knows how to play/work his audience for eliciting responses he desires. )

Going back to review, the court will be in session again tomorrow morning.

This is of note:

Karyn Maughan @karynmaughan

Judge finds Oscar Pistorius acted negligently when he shot and killed Reeva Steenkamp, ie he is guilty of culpable homicide @eNCAnews
7:26 AM - 11 Sep 2014


andrew harding        ✔ @BBCAndrewH

Judge then says #OscarPistorius failed "reasonable man" test re. negligence.



Karyn Maughan @karynmaughan

Masipa: at time Pistorius heard window slide open, he was nearer to balcony than the bathroom (ie he could have called for help) @eNCAnews
7:21 AM - 11 Sep 2014

Karyn Maughan @karynmaughan

Masipa: all Oscar Pistorius had to do was to call security for help. He could have run to balcony and screamed @eNCAnews #OscarTrial
7:20 AM - 11 Sep 2014


Dianne Hawker @diannehawker

The reasonable man tests - the court considers what a reasonable person would have done in the same circumstances. @eNCAnews #OscarTrial


Karyn Maughan @karynmaughan

Masipa examines the reasonable man test in her evaluation of whether Oscar Pistorius acted negligently when he shot Steenkamo @eNCAnews
7:16 AM - 11 Sep 2014



http://www.enca.com/oscartrial

@Freckles:  I fell asleep during her verdict too, so thank you very much for your detailed notes!

@ 5:17:00
Judge states she IS of the opinion the accused acted too hastily and used excessive force....

@5:14:00
Judge states accused offered explanations for his actions; however, explanations are not excuses for reckless actions. He could have used his cell phone, called from the balcony. A reasonable person would have seen a person in the toilet would have been struck or killed when four shots were fired at the door. Caliber was not important. He chose to use a fire arm; he was competent in the use of the firearm. Would a reasonable person have expected IF he fired four shots at the door, would a person inside be struck and possibly killed? The answer is yes....

Oscar verdict: 'Not guilty judgment puzzling'

By Sapa | Sep 12, 2014

The fact that Judge Thokozile Masipa did not find Oscar Pistorius guilty of murder, specifically the murder of an intruder, was "puzzling," a legal expert said on Thursday.

"Given all the evidence presented in court about Pistorius's knowledge of guns and what the bullets he used would do to a person, it is unlikely in the extreme that Pistorius did not foresee that the person behind the door (who he might have thought was an intruder) would be killed," Pierre de Vos wrote in his blog, Constitutionally Speaking.

Masipa started handing down judgment in the High Court in Pretoria on Thursday.

~Snipped~

Masipa found that Pistorius could not be found guilty of murder, as he lacked the direct intention or indirect intention (dolus eventualis) to kill the person he believed was hiding behind the toilet door.

However, De Vos said Pistorius could have foreseen the possibility of killing the person behind the door, whether it was Steenkamp or an intruder.

"The State can only prove intention via the concept of dolus eventualis where the State can prove that while Pistorius might not have meant to kill the victim (Reeva Steenkamp or the putative intruder), he nevertheless foresaw the possibility and nevertheless proceeded with his actions," said De Vos.

"To my mind the judge did not engage with this issue in sufficient detail to explain convincingly why she found that Pistorius did not have the dolus eventualis to kill an unknown person behind the toilet door."

Read more:

http://www.sowetanlive.co.za/news/2014/09/12/oscar-verdict-not-guilty-judgment-puzzling

Tom Steinfort ‏@tomsteinfort  · 1m  
June Steenkamp has arrived to hear if Oscar #Pistorius will be found guilty of manslaughter for killing her daughter pic.twitter.com/Wryl6Aeq4V

Ex-girlfriend on how Oscar Pistorius terrorised her: I hid gun because I feared he'd kill me

Sep 12, 2014 00:00  By Lucy Thornton
 
Samantha Taylor was left with bruises and scars after the Blade Runner bit and pinched her - she was also tortured mentally during the 18-month relationship



Oscar Pistorius’s former girlfriend has spoken of her ­terrifying ­relationship with the “angry and possessive” Paralympian.

Samantha Taylor said she feared he would kill her and revealed she once hid his gun after he flew into a rage at her.

Pistorius, 27, was cleared of murder yesterday, but he could still be jailed today for shooting dead his model ­girlfriend Reeva Steenkamp.

And ahead of the verdict, Samantha, 20, said: “It could have been me.”

Samantha said she was left with bruises and scars after the Blade Runner bit and pinched her, but she was also tortured mentally by him during the 18-month relationship.

Read more:

http://www.mirror.co.uk/news/world-news/ex-girlfriend-how-oscar-pistorius-terrorised-4206556#ixzz3D524W5hv

The media gauntlet awaiting on verdict day 2.
Coverage through the day on Sky News  

https://vine.co/v/Oaawh2Iudqx

Reeva Steenkamp's hometown furious with verdict so far

The community where Reeva Steenkamp grew up says they want the family to get closure.

Read more:

http://ewn.co.za/2014/09/12/Oscar-Pistorius-trial-Steenkamps-hometown-reacts-to-murder-verdict?

andrew harding ‏@BBCAndrewH  · 12m  
Meanwhile, Reeva Steenkamp's parents are already back in court and journalist scrum awaits #OscarPistorius arrival outside.

andrew harding ‏@BBCAndrewH  · 12m  
Legal experts here convinced prosecution have grounds to appeal Judge's decision ruling out murder verdict for #OscarPistorius

https://twitter.com/BBCAndrewH

Karin Giannone ‏@KarinBBC · 4m
As #OscarPistorius avoids a murder conviction, newspapers here call it a "great escape." pic.twitter.com/NoDOziVoJO

Africa

Oscar Pistorius Returns to Court as Judge Ponders Charges

By SARAH LYALL and ALAN COWELL SEPT. 12, 2014

PRETORIA, South Africa — After a rollercoaster trial that has never been free of drama, Oscar Pistorius, the disabled track star who once commanded stellar heights of international competition, was set to return to court on Friday to learn whether the judge who dismissed murder charges against him on Thursday would convict him on a lesser offense.

To the surprise of some legal experts in South Africa, the judge, Thokozile Matilda Masipa, ruled that Mr. Pistorius, 27, did not commit premeditated murder when he shot and killed his girlfriend, Reeva Steenkamp, 29, on Feb. 14, 2013.

But, twisting the suspense in the oft-delayed trial a little tighter, the judge abruptly adjourned the hearings as she discussed the charge of culpable homicide – equivalent to involuntary manslaughter – which covers a range of allegations related to negligence rather than intent.

Read more:

http://www.nytimes.com/2014/09/13/world/africa/oscar-pistorius-south-africa-verdict.html?_r=0

Oscar Pistorius awaits manslaughter verdict: live

Oscar Pistorius is back in court to find out if he will be charged with culpable homicide of Reeva Steenkamp, as legal experts warn murder charges could be revisited if judge has made "error of law"

By Joel Gunter and Jessica Winch
7:45AM BST 12 Sep 2014




Latest

07.45 Oscar Pistorius could yet be convicted of murder after South African legal experts suggested the state could have grounds for appeal, it has emerged. Rosa Prince reports:

Two law professors from Johannesburg’s University of Witwatersrand said Judge Thokozile Masipa may have made an error of law when she ruled that the Paralympian was not guilty of murder.

During a dramatic first day of summing up, Judge Masipa ruled that he had not committed murder because he had not known Miss Steenkamp was behind the bathroom door when he shot through it. He has claimed that he believed an intruder had broken into their house.

But under the legal principle of dolus eventualis – Latin for indirect intent – the law professors argued that it did not matter who Pistorius thought was behind the door, and that the act constituted murder as long as he intended to kill whoever was there.  

An error in law is the only possible ground for appeal under the South African legal system.  

Professor Stephen Tuson told Bloomberg news: “'How can you shoot four bullets through a door and not foresee their death?

Read more:

http://www.telegraph.co.uk/news/worldnews/oscar-pistorius/11087281/Oscar-Pistorius-verdict-live.html

LIVE
Oscar Pistorius Trial

http://www.enca.com/oscartrial

Just got here. Wow. Can NOT believe the judge! She said she cannot believe OP believed by firing the shots into the door he would kill someone.

Say what? He fired FOUR times!!!


David Smith ✔ @SmithInAfrica
Follow

Masipa: "It cannot be said that he foresaw that the deceased or anyone else would be killed when he fired shots at the toilet door."
3:12 AM - 12 Sep 2014

http://www.enca.com/oscartrial

Karyn Maughan @karynmaughan

Masipa: evidential material shows that accused acted negligently when he fired through the toilet door. @eNCAnews #OscarTrial
3:16 AM - 12 Sep 2014


andrew harding ✔ @BBCAndrewH

Judge moves on to 2nd count, having failed to spell out culpable homicide verdict, but clearly implied it. Tantalising suspense.
3:17 AM - 12 Sep 2014


She is now reading the gun charges.

Dianne Hawker @diannehawker

Beyond reasonable doubt is a very high standard and that is what the law requires. @RTumane @CathyMohlahlana @eNCAnews
3:18 AM - 12 Sep 2014


David Smith ✔ @SmithInAfrica

Masipa on charge of firing gun in restaurant. The accused showed disregard for patrons of the restaurant. #Pistorius
3:18 AM - 12 Sep 2014



David Smith ✔ @SmithInAfrica

Masipa: Charge of unlawful possession of ammunition. "The state failed to prove beyond reasonable doubt all the elements of the charge."
3:19 AM - 12 Sep 2014



Karyn Maughan @karynmaughan

Judge says ruling is unanimous. She acquits Oscar Pistorius of murder, convicts him of culpable homicide @eNCAnews
3:21 AM - 12 Sep 2014





http://www.enca.com/oscartrial

Dianne Hawker @diannehawker

Judge finds Pistorius not guilty of count 2 - contravention of the firearms control act. @eNCAnews #OscarTrial
3:21 AM - 12 Sep 2014


Dianne Hawker @diannehawker

Masipa: Fresco had given false evidence in the sunroof incident. @eNCAnews #OscarTrial


David Smith ✔ @SmithInAfrica

Masipa: Defence argued Fresco's evidence was "contradictory and improbable, if not impossible". Gave false evidence in relation to sunroof.

Dianne Hawker @diannehawker

Masipa: Fresco was also dishonest by not saying Pistorius asked OP to take the blame for the Tasha's incident.

2014/09/12 03:41

Judge Thokozile Masipa delivers her judgment in the Oscar Pistorius murder trial at the North Gauteng High Court. The athlete has been found guilty of culpable homicide in the fatal shooting of his model girlfriend Reeva Steenkamp.

http://www.enca.com/media/video/oscar-trial-mr-pistorius-please-stand-verdict

2014/09/12 03:42

Author Melinda Ferguson shares intimate insights into Oscar Pistorius's emotional state. Ferguson wrote a book in collaboration with the athlete's ex-girlfriend Samantha Taylor and her mother.

http://www.enca.com/media/video/oscar-trial-author-shares-intimate-details-pistoriuss-life

eNCA ✔ @eNCAnews

RT @diannehawker: June Steenkamp consoles Kim Martins, #Reeva's cousin. She sobs on June's shoulder as she strokes her hair. #OscarTrial


Karyn Maughan @karynmaughan

State and defense can call witnesses in aggravation and mitigation of sentence - Pistorius can give evidence or hand in affidavit @eNCAnews

(Why bother? Judge does not find witnesses credible!!)

2014/09/12 04:04

Judge Thokozile Masipa explains why she found Oscar Pistorius guilty of gun charges related to the incident at Tashas restaurant at Melrose Arch in Johannesburg.

http://www.enca.com/media/video/oscar-trial-he-endangered-people-no-precautions

Dianne Hawker @diannehawker

We're back after a short break. Barry Roux is discussing #Pistorius's bail conditions. @eNCAnews #OscarTrial


Karyn Maughan @karynmaughan

Nel says he wants to put "certain factors" before court re Oscar Pistorius bail. @eNCAnews #OscarTrial


Karyn Maughan @karynmaughan

Nel: this is a very serious case that makes a lengthly sentence possible. The accused knows that @eNCAnews


Karyn Maughan @karynmaughan

Nel argues that Pistorius has disposed of property since he first got bail. OP lawyers said this was to pay legal fees


Karyn Maughan @karynmaughan

Nel also brings up Oscar Pistorius was allegedly involved in night club incident while on bail @eNCAnews


Karyn Maughan @karynmaughan

Nel quotes family statement, in which they referenced Pistorius's "self harming behavior" @eNCAnews #OscarTrial


Karyn Maughan @karynmaughan

Nel: Dr Scholtz found that accused was a suicide risk @eNCAnews #OscarTrial


Dianne Hawker @diannehawker

Nel: The state wants the court to revoke bail. @eNCAnews #OscarTrial


Dianne Hawker @diannehawker

Roux says Pistorius should not have gone to a club. It is an "invitation for problems." @eNCAnews #OscarTrial


Annika Larsen @AnnikaLarsen1

Correction: sentence for culp is at the Judges discretion. from a suspended sentence, to prison. No min or max. @eNCAnews OscarPistorius


Dianne Hawker @diannehawker

Nel says that there is no proof that Pistorius sold his properties for legal fees. There is nothing keeping him in SA.

BTW, OP's  lawyers could have put a lien on the property to pay for their fees....Selling or liquidating indicates a flight problem. OP does like living around the Mediterranean He said as much in an interview I saw a while back...

Show the court the PAID IN FULL receipts! See just who is fibbing here....

PRETORIA - Paralympian Oscar Pistorius is guilty of culpable homicide, Judge Thokozile Masipa ruled in the High Court in Pretoria on Friday.

"Evidential material before this court... shows that the accused acted negligently when he fired into the toilet door, knowing there was someone behind the door," Masipa said.

"It cannot be said that the accused did not entertain a genuine belief that there was an intruder in the toilet who posed a threat to him... It could not be said that he foresaw that either the deceased or anyone else for that matter might be killed when he fired the shots at that door."

He was also acquitted on charges of illegal possession of ammunition and one of the charges on the illegal discharge of a firearm in a public place.

But he was found guilty on the illegal discharge of a firearm in the restaurant Tashas in Melrose Arch, Johannesburg in January 2013.

http://www.enca.com/oscar-trial-pistorius-guilty-culpable-homicide

andrew harding ✔ @BBCAndrewH

#OscarPistorius has reemerged from the cells, looking no worse for wear. He's chatting to an uncle now in court.

Karyn Maughan @karynmaughan

Masipa: this is not schedule 5 or 6 offense. Onus is on state to show that bail should be revoked. I'm not persuaded

Dianne Hawker @diannehawker

Judge finds that OP's explanation of why he sold his homes in satisfactory. @eNCAnews #OscarTrial


Karyn Maughan @karynmaughan

Judge extends Pistorius's bail pre-sentencing, says state could have investigated if thought he was flight risk #OscarTrial @eNCAnews


Dianne Hawker @diannehawker

Masipa grants application to extend the bail on the same conditions. @eNCAnews #OscarTrial


Karyn Maughan @karynmaughan

Judge: I have used my discretion in favor of the accused, I extend bail of accused under same conditions. @eNCAnews #OscarTrial


Karyn Maughan @karynmaughan

Oscar Pistorius sentencing procedures continue on 13 October. #OscarTrial @eNCAnews


Dianne Hawker @diannehawker

Judge Masipa asks Roux to speak to OP's uncle to ensure there are no further "complications". Unclear what she means. @eNCAnews #OscarTrial

I cannot agree with the judge's perceptions and rulings.
IMO, OP put on a court show and the judge bought it.
He should have been convicted on a least a murder two if not murder one.

Because he has liquidated ALL his property when an atty could have simply placed a lien/hold on the property, I DO believe he is a flight risk. Judge does not and is letting him out on bail until the October sentencing. Wow. Murder someone and get out on bail?????Wow.

So late nights again in October.... sigh. Wanted to put this one to bed.

Alessandra_Deux wrote:andrew harding ‏@BBCAndrewH  · 12m  
Meanwhile, Reeva Steenkamp's parents are already back in court and journalist scrum awaits #OscarPistorius arrival outside.

andrew harding ‏@BBCAndrewH  · 12m  
Legal experts here convinced prosecution have grounds to appeal Judge's decision ruling out murder verdict for #OscarPistorius

https://twitter.com/BBCAndrewH

Rumor on media sites is that Nel WILL be filing appeals.
I wonder if this is why the very long break today.

Not only did she disregard ALL witness testimony, make factual errors in her reading of her opinion prior to giving of verdict, but she also did not believe he is a flight risk (granted continued bail) despite his liquidating ALL his properties, even at losses. I have not heard if he had to relinquish his passport. Further, many were disturbed when Roux gave aloud in court the complete address of where OP was/is staying. (He could have written a note, shared with State, and passed to the judge.)

I got the feeling the judge was unsure of specific law, worried of politicals, lacked confidence in her own statements (as she appeared to repeatedly reverse herself in her statements) or was simply trying to preserve a "national icon" at the expense of justice. She appeared to have lost sight of the fact OP MURDERED a person with ammo he was NOT authorized to even have in his possession (military grade not even allowed in USA private hands) and had violated the terms of the bail he was under when he got into a bar room brawl.

Judge appeared to be very forgiving of what OP did. Almost like he was just a wayward little boy... and don't hurt his feelings by sending him to the corner for a time out.

I am disgusted. Reminds me of the OJ trial and a few others... sigh. Take another look at the Goodman updates, the Arias trial, etc.. Maybe, there is hope with the Bashara case????

What the hell does this mean?
How is a person supposed to behave AFTER murdering someone?
Knowing the house will be flooded and the event investigated?
Knowing your want it set up to make yourself look innocent?


andrew harding @BBCAndrewH · 3h

Judge says #OscarPistorius behaviour after killing was not that of someone who'd committed murder.

https://twitter.com/BBCAndrewH

Media dubs it the Great Escape?
I call the toxic relationship, Beauty and the Beast.
(I don't think Reeva was "beautiful" but more photogenic; I do, however, think OP IS a beast and behaves as he is self entitled to be the biggest A-hole out there simply because he CHOOSES to be!)

His brother, Carl, was not in court yesterday.
Found that of interest.
Whole family appears to be reckless and lives on the edge, failing to respect the laws or even the boundaries of others.

Killer and a love rat: Oscar Pistorius exposed as 'serial cheat who had affairs behind Reeva Steenkamp's back during their stormy relationship'

Oscar Pistorius was found guilty of culpable homicide yesterday
He cheated on Reeva Steenkamp with a string of girlfriends before killing her
Paralympian dated Sam Taylor until three months before model's death
He was also linked to Jenna Edkins, Erin Stear and Anastasia Khozissova
Double amputee also broke up with long-term girlfriend Vicky Miles that year
He will be sentenced at a hearing on October 13 and could escape with a fine


http://www.dailymail.co.uk/news/article-2754442/Killer-love-rat-Oscar-Pistorius-exposed-serial-cheat-affairs-Reeva-Steenkamp-s-stormy-two-year-relationship.html

Oscar Pistorius WILL be allowed to compete at Rio 2016 Paralympic Games if he has served his sentence, organisers announce


http://www.dailymail.co.uk/news/article-2753973/Oscar-Pistorius-WILL-allowed-compete-Rio-2016-Paralympic-Games-served-setence-organisers-announce.html

Pistorius admits being 'haunted' by 'dark side' in e-mail never shown during murder trial

".... In the email, Oscar Pistorius confesses to bombarding an ex-girlfriend with 30 emails and phone calls a day, cheating on her and keeping lies from her....."

".....The 2012 email was subpoenaed by State prosecutors but never offered as evidence. Now experts say prosecutor Gerrie Nel should produce it when the case re-opens on October 13 for sentencing.

The email is printed in full in the new book, An Accident Waiting To Happen, written by Sammy’s mother Trish.

In the message, he says: ‘I’m not used to having to think and consider others’ feelings,’ and he confesses to an affair with Russian model Anastassia Khozissova.

‘I should never have done that,’ he wrote, ‘and I know it would have broken me if the roles were reversed. I don’t want to have any secrets or lies with you, even if it’s too late.’

Sammy yesterday told of how she feared the ‘angry and possessive’ Pistorius would kill her and revealed she once hid his gun after he flew into a rage. ...."



http://www.dailymail.co.uk/news/article-2755014/Pistorius-admits-haunted-dark-e-mail-never-shown-murder-trial.html

This was at the bottom of an interesting read:

" .... Despite Pistorius telling the court that he has sold three properties to pay his legal fees, his family has enormous wealth.

His father and three uncles are directors of 120 successful companies involved in mining, tourism and property development, while his own net worth has been put at £5 million......."


http://www.dailymail.co.uk/news/article-2755021/Oscar-got-away-murder-sister-Trial-grotesque-pantomime-says-Reeva-s-British-brother-interview.html

Guilty, but Oscar may still go free:
Legal experts predict athlete won't spend a day behind bars

"..... Sprinter found guilty of culpable homicide in Reeva Steenkamp shooting
He will be sentenced on October 13 - crime carries a maximum 15-year term
But judge Thokozile Masipa is advocate of leniency for first-time offenders
Expert Martin Hood: ‘He is almost certainly, in my opinion, not going to jail'
Academic Stephen Tuson said he could be fined or put under house arrest
Miss Steenkamp’s mother, June, 67, said the verdict 'doesn't add up'
Prosecutors will wait for sentence hearing before deciding if to appeal ....."


http://www.dailymail.co.uk/news/article-2754217/Guilty-Oscar-free-Legal-experts-predict-athlete-won-t-spend-day-bars.html

"....JOHANNESBURG - Extra security has been ordered for Judge Thokozile Masipa following her judgment finding world-famous Paralympian athlete Oscar Pistorius not guilty of murder on Friday.

Masipa found Pistorius not guilty of murdering his girlfriend Reeva Steenkamp, but rather guilty of culpable homicide and one charge of contravening the Firearms Act.

City Press reported on Sunday that police officers from the police's Tactical Response Team, also known as the amaBerete, have been stationed outside her home.

The team escorts her wherever she goes and checks on her hourly.

Masipa has been criticised for her judgment, with legal experts saying she got it wrong and went too easy on the athlete.

Many said that firing four bullets was a clear intent to kill...."

http://www.enca.com/extra-security-ordered-judge-masipa

"....PRETORIA - The National Prosecuting Authority (NPA) says it is disappointed with Judge Masipa’s judgement after she convicted Oscar Pistorious of culpable homicide on Friday. .."


"....Meanwhile, the Gauteng ANC Women’s League, whose members have been attendeding court proceedings and supporting Reeva Steenkamp’s family, also expressed its disappointment with the ruling.

"We are saddened by the outcome and we think that this is a miscarriage of judgment and we are saying that we respect the rule of law but you can imagine what women of this country are going to be going through,” said the league’s Jacky Mofokeng. ...."

http://www.enca.com/npa-not-happy-oscar-ruling

Pace of Oscar sentencing ‘stunning’
South Africa Thursday 11 September 2014 - 8:30pm




"....However, the judge also found that Pistorius could not be convicted of murder for killing the person he had claimed he believed was an “intruder” locked in the toilet.

In South African law it is not a valid defence to claim that you did not have the intention to kill X because you had in fact intended to kill Y and had killed X by mistake. Thus if Pistorius had intended to kill an intruder (and not Steenkamp), he would still be guilty of murder as long as the state had proven beyond reasonable doubt that he had intended to kill the person behind the door whom he might (or might not) have thought to be an intruder.

It was not possible for Pistorius to rely on self-defence (which would have rendered his actions lawful) because objectively speaking, there was no threat to his life and he could therefore not have acted in self-defence to protect himself.

Although there was some confusion, Pistorius seemed to have offered two different defences focusing on his intention to kill.

First, he argued that he acted in putative self-defence. In other words, he contended that although there was no threat to his life, he genuinely believed that there was such a threat and hence did not have the intention to unlawfully kill anyone.

This defence would have succeeded if the judge had found Pistorius had genuinely believed that his life was in danger and that he was using reasonable means to avert an attack on himself or his property.

As intention is tested subjectively, the pivotal question would be what the actual state of mind of Pistorius was in at the time when he killed the victim. Did he really believe he acted in self-defence and did he really believe he was using reasonable means to avert the threat? As far as I can tell the court did not accept this defence.

During cross-examination Pistorius offered a second defence of involuntary action. If the judge had found that Pistorius had not acted voluntarily he would be entitled to an acquittal if his actions were attributable “to mechanical behaviour or muscular movements of which he was unaware and over which he had no control”. The judge rejected this argument.  ...."

Much more:
http://www.enca.com/pistorius-and-dolus-eventualis-do-facts-support-finding

Oscar Pistorius 'got away with murder', Reeva Steenkamp’s British brother Adam claims

Adam Steenkamp, 39, is the half brother of Reeva. He moved to England in his teens and now lives with his partner and two young children in Suffolk

Jenn Selby  Sunday 14 September 2014

On Friday (12 September), Oscar Pistorius was found guilty of culpable homicide, the equivalent of manslaughter in the UK, after he fatally shot his girlfriend, Reeva Steenkamp, on Valentine’s Day in 2013.

A sentence of life in prison is now off the table, but the former Olympic and Paralympic athlete could still face up to 15 years behind bars.

However, those facts have brought little relief to the Steenkamp family, not least to the late model’s British brother Adam Steenkamp, 39, who believes that Pistorius effectively "got away with murder" and denounced the sportsman’s testimony in court as a "grotesque pantomime".

"In my heart I know he has got away with it. He has got away with murder," he told the Mail on Sunday. "I don’t understand the logic of acquitting someone of murder who fires four rounds into a very small toilet cubicle. It is not the action of someone not intending to kill."

Read more:

http://www.independent.co.uk/news/people/oscar-pistorius-got-away-with-murder-reeva-steenkamps-british-brother-adam-claims-9731831.html

Reeva Steenkamp Was Not Killed By Love. It Was Domestic Violence.

September 15, 2014,  Kim Graham, Recent Submissions

Today, Oscar Pistorious was found Not Guilty of the murder of Reeva Steenkamp. A verdict of culpable homicide was delivered. In the lead up to the verdict’s deliverance, Mark Williams-Thomas wrote for British newspaper, The Mirror, stating that he believed Pistorious’s version of events. Furthermore, he used his article to comment on Pistorious’s love for Reeva.

A recent study found that, in South Africa, an average of three women per day are killed by their intimate partners – One woman every eight hours. The reaction to the murder of Reeva Steenkamp has highlighted how many victims of men’s violence against women are treated – not just in South Africa, but globally.

‘I’m scared of you sometimes.’

‘I can’t be attacked by outsiders for dating you and then attacked by you… the one person I need protection from.’

These are the words of Reeva Steenkamp, talking directly to Pistorious, the month before he shot her. Yet yesterday, Judge Masipa declared that these would not be considered in her verdict. As Reeva talked of how she suffered through Pistorious’s jealousy, her story was dismissed for that of a far less reliable narrator; Pistorious himself. As Reeva Steenkamp hid in a locked bathroom, the fact that so many women choose the bathroom as a place of refuge as their abuser rages on was ignored by the courts.

Williams-Thomas talks as if his time with Pistorious has provided him with the legal expertise to make a judgement on Pistorious’s guilt. But instead, his perception on Pistorious’s guilt comes through dated beliefs about domestic violence. And his belief of Pistorious’s story comes through a society which frequently places the accused abuser as being more reliable than the victim.

Read more:

http://everydayvictimblaming.com/submissions/reeva-steenkamp-was-not-killed-by-love-it-was-domestic-violence/

Oscar Pistorius verdict: judgment seemed to support charge of 'dolus eventualis'

South African lawyers argue if athlete could have foreseen someone could die, he should be guilty of common-law murder

Ulrich Roux
The Guardian, Friday 12 September 2014 16.50 EDT

Whether or not you think Oscar Pistorius got off lightly depends largely on where you stood on the case in the first place. But the verdict is certainly controversial in South African legal circles.

There are many questions about whether the judge applied the law correctly, and suggestions that the State Prosecutor, Gerrie Nel, is already preparing his appeal. It's certainly hard for me to reconcile the letter of the law with the way the judgment played out.

The South African legal system allows for different kinds of murder convictions, and the one that's relevant here is what is known as common-law murder with indirect intentions – or "dolus eventualis".

According to the law, someone is guilty of murder if they know that their actions could lead to the killing of a person and reconcile themselves to that fact, and act anyway.

In delivering her ruling, judge Thokozile Masipa said that "a reasonable person would have foreseen if he fired shots at the door, the person inside the toilet might be struck and might die as a result", which suggests a classic case of dolus eventualis.

But the judge seems to have cleared him of this charge because she felt that, to be guilty of common-law murder, Pistorius needed to have foreseen that his actions would kill a specific person – Reeva Steenkamp.

Read more:

http://www.theguardian.com/world/2014/sep/12/pistorius-verdict-questioned-as-state-prepares-appeal?CMP=twt_gu

Pistorius Verdict

Videos:

https://www.youtube.com/watch?v=Jo9_Rlq3OMI

Haven't they been through enough? Fresh anguish for Reeva Steenkamp's family with Pistorius set to cash in on killing the former model with book about the night he shot her

. Pistorius' manager Peet van Zyl confirms double-amputee's book plans
. Paralympic gold medalist is understood to be struggling to pay legal bills
. Revenue from the book may help pay for any future legal battles
. After his sentencing 'we will tell the world' about book, manager says
. Pistorius was cleared of murder but convicted of culpable homicide

By Jane Flanagan In Cape Town

Published: 13:43 EST, 14 September 2014  | Updated: 02:47 EST, 15 September 2014

Oscar Pistorius is set to cash in on his notoriety as the killer of Reeva Steenkamp by writing a book about the night he shot her and the sensational murder trial that followed, his manager has confirmed.

News that the fallen South African hero is planning his own memoir of the Valentine's Day tragedy will undoubtedly heap fresh anguish on the dead model's already-tortured family.

The book – which would almost certainly bring film offers in its wake – is thought to be the easiest way in which the Paralympic gold medalist can raise much-needed funds to settle his legal costs.

Read more:

http://www.dailymail.co.uk/news/article-2755562/Haven-t-Fresh-anguish-Reeva-Steenkamp-s-family-Pistorius-set-cash-killing-former-model-book-night-shot-her.html#ixzz3DN29Lk9w

Oscar book out of question... for now

September 15 2014 at 09:04am
By Vuyo Mkize

Johannesburg - Oscar Pistorius is not planning on writing a “tell-all” book. Well, not right now anyway.

This is according to his manager and agent, Peet van Zyl, who told The Star on Sunday that recent media reports took his comments on the issue “out of context”.

Van Zyl was quoted in a UK newspaper at the weekend as saying that Pistorius would write a book, giving his account of what happened when he shot dead his girlfriend, Reeva Steenkamp, and his ordeal in standing trial for her killing.

Van Zyl was quoted as saying: “He will write his own book, we’ve discussed it. We’ve talked about ideas and concepts. I’m not going to go into details now.”

However, Van Zyl on Sunday denied saying the book was on the cards.

Read more:

http://www.iol.co.za/news/crime-courts/oscar-book-out-of-question-for-now-1.1750728?utm_medium=twitter&utm_source=dlvr.it#.VBaiSiAo7IU 

SACP Calls For Judicial Review After Oscar Pistorius Ruling

Posted by: Natalie Simon    Tags:  Judge Thokozile Masipa, Oscar Pistorius, Oscar trial, South African Communist Party    Posted date:  September 15, 2014

The South African Communist Party (SACP) has warned that Judge Thokozile Masipa’s ruling in the murder trial of Oscar Pistorius could be a serious setback in the battle to halt the high levels of violence and abuse against women in South Africa.

“It may set a new, and dangerous precedent, wherein male violence against a partner, especially where only the two partners were present, but one is dead, may never be proven or punished,” said the party’s Alex Mashilo in a statement on Sunday.

“Our serious concern here is that the dead can never speak for themselves. In handing down the judgment, the judge indicated that there are many questions that remain unanswered, or hard to prove. Is this surprising? The dead’s side of the story was never heard.”

~Snipped~

The party also noted the need for a fundamental transformation of South Africa’s legal system. The SACP said the Pistorius case shows that in the present legal environment, the amount of justice one receives is directly related to the amount of money one has access to.

Read more:

http://www.sabreakingnews.co.za/2014/09/15/sacp-calls-for-judicial-review-after-oscar-pistorius-ruling/

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Nike ends Oscar Pistorius' contract

By  Darren Rovell | ESPN.com
Updated: September 13, 2014, 10:01 PM ET

Nike has terminated the contract of one of its endorsers for the second time this week.

Nike spokesman KeJuan Wilkins confirmed to ESPN.com that the endorsement contract of double amputee South African sprinter Oscar Pistorius had been terminated. The action comes just days after the world's largest athletic shoe and apparel maker terminated the contract of former Baltimore Ravens running back Ray Rice, who was cut from the Ravens and suspended indefinitely by the league after the video leaked of him assaulting his then-fiancée, now wife, inside an Atlantic City casino elevator.

In February of last year, Nike suspended Pistorius' contract, meaning the company would stop using him and paying him, after he was charged with murdering his girlfriend, Reeva Steenkamp. On Friday, Pistorius was found to have killed his girlfriend out of negligence, a count the South African courts call culpable homicide. Pistorius will be sentenced on Oct. 13.

Read more:

http://espn.go.com/olympics/trackandfield/story/_/id/11521460/nike-terminates-contract-oscar-pistorius

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Oscar Pistorius and Reeva Steenkamp’s relationship was far from ‘normal’

In acquitting Pistorius of murder, Judge Masipa seems to be saying that brutality is part and parcel of ordinary life

Hadley Freeman
The Guardian, Friday 12 September 2014 13.34 EDT

What is a “normal relationship”? Excitingly, this long-mulled-over question has at last been resolved. “Normal relationships are dynamic and unpredictable most of the time, and human beings are fickle,” Judge Thokozile Masipa said on Thursday, explaining why she was not convicting Oscar Pistorius of the murder of Reeva Steenkamp.

This dynamism, according to Masipa, is why Steenkamp professed herself in messages to Pistorius to be “scared of you sometimes and how u snap at me and of how you will react to me”. (This message was prescient, seeing as, on 14 February 2013, Pistorius was to pump her full of bullets.) Steenkamp felt “attacked”, she wrote, by the person she “deserved protection from.” This, according to the judge, is a normal relationship. And thus, even though Pistorius killed Steenkamp, he did not murder her, according to the judge. Instead, she convicted him of culpable homicide.

I have been in relationships. Some of them were dynamic and some unpredictable. Never once, thank heavens, have I been “scared” of my partner, let alone felt the need to tell him that. Being scared of someone is not normal. Pistorius, however, has a different approach to relationships. An ex-girlfriend gave an interview yesterday describing how she would get so “scared” of him she “hid his gun.”

Read more:

http://www.theguardian.com/commentisfree/2014/sep/12/oscar-pistorius-reeva-steenkamp-murder-normal-relationship

Oscar Pistorius Loses Nike Contract, Meet Invites

South African officials meet to discuss the Olympian's future.

By Peter Gambaccini; Image by Siphime Sibeko / Reuters
Published September 15, 2014

Oscar Pistorius will be sentenced on October 13 for culpable homicide (i.e., manslaughter) in the February 2013 shooting death of his girlfriend Reeva Steenkamp. Even if he winds up not serving time in prison, the South African Olympian's athletic future looks increasingly unlikely. His Nike contract has been terminated, European meet directors seem opposed to inviting him, and the International Paralympic Committee questions whether he’ll be named to a national team again.

Wilfried Meert, the organizer of Memorial Van Damme in Brussels, the season-ending meet on the Diamond League schedule, answered “I don’t think so” when asked by the BBC if he’d be likely to invite Pistorius to his meet in the future. Meert said of a recent meeting with other Diamond League officials, "I don't think there are many around that will accept him again in their meet." He said that Pistorius is "not the kind of person you want to make a promotion for our sport.”

The South African Sports Confederation and Olympic Committee (SASCOC) will meet on Thursday to discuss Pistorius’ future participation in international competitions, Insidethegames.biz reports. The organization’s president said SASCOC would have no comment until after the meeting.

In a Telegraph article that described Pistorius as the first Paralympian millionaire, International Paralympic Committee spokesman Craig Spence noted, prior to the verdict, that Pistorius would be free to compete even if he was found guilty of culpable homicide and served a prison term.

Read more:

http://www.runnersworld.com/elite-runners/oscar-pistorius-loses-nike-contract-meet-invites?utm_content=buffer19ddc&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer

Reeva Steenkamp's family 'betrayed by justice system'

Reeva Steenkamp's brother Adam is disappointed with Oscar Pistorius's culpable homicide conviction.


Barry Steenkamp, father of Reeva Steenkamp, reacts as judgment is handed down in the murder trial of Oscar Pistorius at the High Court in Pretoria on 12 September 2014. Picture: Pool.

Barry Bateman | about 13 hours ago

JOHANNESBURG - Reeva Steenkamp’s older brother Adam says he and his family feel let down and betrayed by the South African justice system.

The High Court in Pretoria acquitted Oscar Pistorius on murder charges after he shot dead Steenkamp last year.

Adam Steenkamp was speaking to British newspaper Daily Mail on Sunday from Suffolk, where he lives and has been following the trial.

Read more:

http://ewn.co.za/2014/09/15/Oscar-Pistorius-Steenkamp-family-betrayed-by-SA-justice-system?utm_source=dlvr.it&utm_medium=twitter

BBC Three ‏@bbcthree  · 2h  
Does June Steenkamp think the trial has delivered justice for Reeva? #OscarPistorius pic.twitter.com/yU0H2xOJgG

https://twitter.com/bbcthree