Oscar's last lap in race to stay out of jail

South African Paralympic athlete Oscar Pistorius attends his murder trial at the North Gauteng High Court in Pretoria on March 11, 2014. Oscar Pistorius's murder trial was set to hear more details on the autopsy of his slain girlfriend Reeva Steenkamp, a day after the star sprinter threw up as he listened to a graphic account of the gunshot injuries he inflicted on his lover. AFP PHOTO / POOL / KEVIN SUTHERLAND (Photo credit should read Kevin Sutherland/AFP/Getty Images)

South African Paralympic athlete Oscar Pistorius attends his murder trial at the North Gauteng High Court in Pretoria on March 11, 2014. Oscar Pistorius's murder trial was set to hear more details on the autopsy of his slain girlfriend Reeva Steenkamp, a day after the star sprinter threw up as he listened to a graphic account of the gunshot injuries he inflicted on his lover. AFP PHOTO / POOL / KEVIN SUTHERLAND (Photo credit should read Kevin Sutherland/AFP/Getty Images)

Published Oct 13, 2014

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Pretoria - Oscar Pistorius will – starting on Monday and for the rest of this week – run the last few laps in his race to stay out of jail, following the death of his girlfriend Reeva Steenkamp at his hands.

The athlete will not face the maximum punishment as he was acquitted on the murder charge, but it is anyone’s guess what punishment will be meted out for culpable homicide.

In the case of murder, certain mandatory prescribed sentences apply, but in culpable homicide cases it is all at the discretion of the judge.

The “Blade Runner”, who turns 28 next month, will however, have to wait for at least a week or two before hearing whether he will get a custodial or non-custodial sentence.

It is expected that Judge Thokozile Masipa, due to the high profile nature of this case, will first prepare a written judgment regarding sentencing.

Sentencing procedures will start on Monday and are due to proceed for most of the week when the Gauteng Provincial Division of the High Court in Pretoria will hear the evidence of various witnesses.

The defence will first call its witnesses in mitigation of sentence – expected to include various experts, – before the prosecution calls its witnesses.

It is expected that Steenkamp’s mother June, will be among the witnesses to testify on the impact her daughter’s death had on the family.

After the conclusion of all the evidence, the defence will first deliver arguments to Judge Masipa on why Pistorius should receive a lenient punishment. This will be followed by the the prosecution, which will no doubt argue for a jail term.

University of Pretoria criminal law expert, Professor Annette van der Merwe, is of the opinion that the defence will definitely highlight the fact that Pistorius was remorseful for last year’s Valentine’s Day killing of Steenkamp. “Remorse is an important factor that the court will take into account, but the court must accept it as genuine remorse.”

Van der Merwe said judging from Judge Masipa’s remarks while delivering her verdict, she attached a lot of weight to Pistorius’s behaviour after the incident – how the Paralympian tried to save Steenkamp’s life and how he begged people to help her. “She will probably accept this as indicative of true remorse.”

Van der Merwe said other factors such as that Pistorius had tried to meet Steenkamp’s family to apologise but they were not ready for this, could also count in his favour.

“Nothing prevents him from offering an amount of compensation to Reeva’s parents, which may further be argued by the defence as being indicative of his remorse.”

Van der Merwe said if the defence could prove diminished responsibility on the part of Pistorius it would definitely influence his sentence. “They will probably call a forensic criminologist or psychologist to give expert evidence on what sentence would be the most appropriate for Pistorius.”

Van der Merwe said the fact that the incident had a devastating effect on Pistorius’s career as an athlete and on his personal life, would also count as mitigation.

But the prosecution is expected to argue that a life has been lost and that shooting four shots indicates a high degree of negligence by the accused which could make him more blameworthy.

Van der Merwe said another aspect likely to feature in the argument of the prosecution is that there is a high prevalence of offences involving violence in our society. “Gerrie Nel will question what message should be sent to society.

“The sentencing phase differs from the trial phase in that it adopts a more inquisitorial nature without rigid rules, fixed issues or onuses.

“The sentencing phase also differs from the trial in that it focuses on new and separate issues that become relevant.

“The necessary information in this phase extends beyond the elements of the crime and the question of guilt or innocence,” Van der Merwe said.

With the accused as an individual becoming more important, and with his future being considered, the questions now posed are related to the reason why the offence was committed, to the degree of culpability (his degree of negligence), and to the dangerousness of the offender (questions of risk assessment and risk management).

Van der Merwe said the emphasis may shift to matters of supervision, treatment and rehabilitation. Reliable expert evidence is of great importance in this instance.

Whatever the evidence presented this week, the world will have to wait for at least another week or two before knowing the fate of Pistorius.

Pretoria News

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