3 years for Oscar? No way, says Nel

13/10/2014 Oscar Pistorius leaves the North Gauteng High Court, he is facing sentencing after being convicted of culpable homicide. Picture: Phill Magakoe

13/10/2014 Oscar Pistorius leaves the North Gauteng High Court, he is facing sentencing after being convicted of culpable homicide. Picture: Phill Magakoe

Published Oct 14, 2014

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Pretoria - The idea was not to destroy Oscar Pistorius, but to turn him into a “responsible citizen”, Correctional Services social worker Mashaba Maringa has argued in mitigation of sentencing.

A suitable sentence for the Paralympian’s firing the shots that cost his girlfriend, law graduate and model Reeva Steenkamp, her life would be three years of house arrest, with 72 days’ community service, Maringa told the Gauteng Division of the High Court, sitting in Pretoria.

Pistorius “appeared to be a co-operative person whose behaviour can be monitored and altered”.

However, Gerrie Nel, for the State, demanded: “Have you any thought for the family of the deceased? To even suggest three years is shockingly inappropriate.”

While he sympathised with the Steenkamps, Maringa said he believed Pistorius did not set out to kill his girlfriend.

Asked Nel: “You’re aware that the accused fired four shots into a door… well knowing there was a person behind the door?”

Maringa said: “I heard he fired shots to the ground”.

But Nel then pointed out to him that he was confusing circumstances around Steenkamp’s killing with a shooting incident at a Tashas restaurant, on which Pistorius has also been convicted.

In response, Maringa said: “The court has already found him (Pistorius) guilty of culpable homicide, so as far as I can recall, he had no intention to kill.”

But Nel parried: “Nowhere in the judgment does it say he had no intention to kill.”

Maringa then said the key point of corrections was to reform Pistorius and “make him a suitable, responsible citizen”.

 

Trauma counsellor Dr Lore Hartzenberg told the court that Pistorius had been left broken by Steenkamp’s death. He had lost everything – the love of his life, his moral and professional reputation, his career, his friends and his financial independence.

Hartzenberg has been at Pistorius’s side since the start of the trial. She has often sat next to him in the dock, hugging and consoling him during his emotional spells.

Pistorius has been seeing her for counselling since a week after Steenkamp died.

Painting a bleak picture of a man battling post-traumatic stress disorder and major depressive disorder, Hartzenberg told Judge Thokozile Masipa that Pistorius’s self-worth and identity were so badly damaged it was unlikely he would fully recover from the consequences of the shooting on Valentine Day last year.

He would require intensive, continuing psychotherapy.

Hartzenberg said some of her sessions with Pistorius were up to two hours. Some were extremely difficult as he was emotional and would cry. Occasionally, because of his retching, he would excuse himself.

“He presented with feelings of guilt and remorse. These often overwhelmed him.”

Pistorius was especially emotional when he relived the shooting. The loss of Steenkamp was a recurring theme.

Pistorius had been deprived of the opportunity to mourn the loss of the love of his life because he had been charged with premeditated murder and because of the ever-present media attention.

It also saddened him that he could not attend the memorial service for Steenkamp. “He recognised it was he who was responsible for her death. This resulted in unresolved guilt.”

His attempt to process Steenkamp’s death was an enduring theme.

He was concerned about Steenkamp’s parents, June and Barry, and was distressed that he could not make contact with them to express his remorse and devastation.

The murder charge had played out on the world stage, with experts airing their views. Pistorius was often portrayed in an adverse light, perpetuating negative perceptions and giving rise to abuse in the media.

His fall from being an icon in world athletics to being vilified in some media reports had a profound effect on him. He felt utterly worthless.

“He feels he has not lost his voice to make a contribution to disadvantaged communities and children… He worked hard to create this platform.”

Hartzenberg said Pistorius would always carry with him the images of the night Steenkamp was shot.

Cross-examining Hartzenberg, Nel said: “You say we are dealing with a broken man, but what about her parents?”

Nel said he would lead evidence that Barry Steenkamp had a stroke because of his daughter’s death.

“Her mother, June, often collapsed on the floor, crying uncontrollably. At least (Pistorius) is still alive. He can pursue his career and he will be able to love someone else.”

Pretoria News and The Star

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