Cape Town - Oscar Pistorius’s date with destiny has arrived. On Wednesday, Judge Thokozile Masipa will hand down his sentence for murder.
We took a look back over the three years and five months since the former Paralympian killed his girlfriend Reeva Steenkamp, and rounded up the facts you need to know before you hear the final verdict.
1. THE CRIME
On Valentine’s Day 2013, Oscar shot dead his girlfriend Reeva Steenkamp inside his Pretoria home. She was shot four times through the door of a toilet near the bedroom where the couple had been sleeping. Pistorius claimed he thought he was defending himself against an intruder, and did not know it was his girlfriend behind the door.
2. THE PROCESS
Pistorius made his first appearance in court and was charged with murder the day after the shooting. More than a year later, in March 2014, his trial began in the North Gauteng High Court, presided over by Judge Thokozile Masipa. Seven months later, Masipa found him guilty of culpable homicide and sentenced him to a maximum of five years in jail. He was immediately taken to Kgosi Mampuru II Correctional Centre in Pretoria. A short while later, state prosecutors won their bid to appeal against Masipa’s decision in the Supreme Court of Appeal. In October 2015, Oscar was released from prison after serving one year, was placed under house arrest and began community service. Then in December, the Supreme Court of Appeal overturned Masipa’s finding of culpable homicide and instead pronounced Pistorius guilty of murder. Pistorius’ lawyers appealed to the Constitutional Court to review the decision, but the highest court in the land dismissed the appeal. He returned to the North Gauteng High Court once again last month for Masipa to hear arguments in aggravation and mitigation of sentence. Today, Masipa will hand down her sentence.
3. THE LEGALESE
At the centre of the legal battle has been the concept of dolus eventualis versus dolus directus. Constitutional law expert Pierre de Vos explained:
“In cases of murder, there are principally two forms of dolus (intent) which could arise: dolus directus and dolus eventualis. A person acts with dolus directus if he or she commits the offence with the object and purpose of killing the deceased.”
According to the Supreme Court of Appeal (SCA), a person’s intention in the case of dolus eventualis arises “if the perpetrator foresees the risk of death occurring, but nevertheless continues to act… therefore ‘gambling’ as it were with the life of the person”.
Judge Masipa found that Pistorius couldn’t have foreseen that Reeva was behind the door, and therefore couldn’t have intended to kill her. But the SCA overturned that ruling, and found Pistorius guilty in terms of dolus eventualis: he knew that by shooting four bullets through the door, he may kill whoever was behind it, but he chose to shoot anyway.
4. THE TEAMS
The trial has showcased some epic legal showdowns between the defence and prosecution. On behalf of the state is senior prosecutor Gerrie Nel, nicked “The Bulldog” for his tenacity and ferocity in court. He became a prosecutor in 1984, and has worked on getting Jackie Selebi convicted of corruption and getting Chris Hani’s killers convicted in connection with his murder. Defending Pistorius is defence advocate Barry Roux.
5. THE FAMILIES
Family members of both Oscar and Reeva have been present in court throughout the proceedings.
Oscar’s uncle, Arnold Pistorius, has played a large role, allowing Oscar to stay at his mansion during house arrest, and offering him a job at his company. Oscar’s sister, Aimee, and brother, Carl, have also stood by him, along with his father Henke.
Reeva’s mother, June Steenkamp, has been present at the trial from the start, while her father, Barry, was too ill to attend. Reeva’s cousin, Kim Martin, took to the witness box to testify about Reeva’s life during Oscar’s first sentencing, and Barry finally took to the stand to give a heartbreaking testimony last month.
6. THE FANS
Oscar had a massive international fan base when he was a Paralympian hero. Now, most consider him disgraced, but a few loyal friends and admirers continue to offer him support despite his murder conviction.
7. THE PHOTOGRAPHS
In a shock move, the Steenkamp family decided to make photographs of the crime scene available to the public. The gruesome images of Reeva’s bullet-riddled body were released online in June.“I want the world to see the wounds inflicted on her, the pain she must have gone through,” he said. “I want this to stop others in future.”
8. THE OPTIONS
The minimum prescribed sentence for murder in South Africa is 15 years in prison. If sent to jail, Oscar would likely go back to Kgosi Mampuru II Correctional Centre in Pretoria, where he already spent a year in a cell that catered to his needs as a double amputee. However, it is possible that Masipa may take into account Oscar’s mental state, physical disability and time already served when she hands down his sentence. Other options that Oscar’s team have argued for include that he is hospitalised for mental illness, that he works for his uncle’s company, completes community service or is placed back under house arrest instead of behind bars. If Oscar is given the minimum sentence of 15 years in prison, he may be eligible for parole after having served half his sentence.
Cape Argus