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Pistorius ‘not guilty’ of murder

Getty

Getty

Oscar Pistorius has escaped a murder conviction for the shooting death of his model girlfriend, but with one charge still left to decide, the Olympic runner hasn’t crossed the finish line yet.

In a dramatic day in the Pretoria courtroom, judge Thokozile Masipa said prosecutors had not “proved beyond reasonable doubt that the accused is guilty of premeditated murder.”

• Pistorius: The rise and fall of the Blade Runner
Pistorius not guilty of murder, but negligent

When he heard the judge clear him of murder, the sprinter sat in the dock bowed and burying his head in his hands.

His sister Aimee rushed from the first row of the public gallery to hug her older brother, who was wiping tears from his eyes with a handkerchief.

A charge of premeditated murder would have meant a life sentence in South Africa’s notoriously brutal jails.

But in a shock end to proceedings, the judge adjourned the matter just as she appeared ready to hand down a verdict on culpable homicide. While a lesser charge that is roughly equivalent to manslaughter, culpable homicide carries anything from a suspended sentence to a lengthy prison stretch.

Moments earlier, Masipa said Pistorius had been “negligent” in firing four shots into the door of the bathroom, killing Reeva Steenkamp, his girlfriend of three months, and that his actions were not those of a reasonable person.

With a verdict looming, Masipa then abruptly adjourned the case until the following morning, creating a cliffhanger for families, the media and the global audience watching the trial. The court will convene for a second day on Friday morning local time.

Judge Thokozile Masipa reads her verdict.

Judge Thokozile Masipa reads her verdict.

‘Evasive’

During the verdict, Pistorius grimaced and sniffled as he watched Masipa call Pretoria’s High Court to order and recount the evidence that had been presented during the so-called ‘trial of the century’.

Masipa said Pistorius himself was “evasive” on the stand and that his evidence showed “a number of defences, or apparent defences”.

“The accused was a very poor witness,” she said. And she said Pistorius himself in his evidence showed “a number of defences, or apparent defences”.

Oscar Pistorius

Reeva Steenkamp and Oscar Pistorius. Photo: Getty

Judge was too ‘lenient’

Lawyers and legal academics expressed surprise at the dismissal of murder charges against Pistorius, with critics saying Masipa was too lenient.

“I’m shocked,” said South African criminal lawyer Martin Hood, after Masipa said the prosecution had not made the case for murder or premeditated murder.

“I think she’s going to get quite a lot of criticism from the judiciary and the legal system,” said the Johannesburg-based lawyer.

“The consensus is that she hasn’t got it right.

“The consensus among the legal community was that he is guilty of murder. This could really open the door to systematic abuse of our legal system by people who shoot their partners and claim self-defence.

“I think at the very very least she has to convict of culpable homicide because Pistorius said it was an accident,” said Mr Hood.

James Grant, Wits University criminal law professor, noted the state could appeal if they believe there has been a legal error.

“Masipa doesn’t accept that accused intended to kill anyone. Huh? His defence was he didn’t intend to UNLAWFULLY kill,” he tweeted.

“How can you voluntarily fire four shots into a toilet cubicle & not foresee the possibility of killing whoever was in there.”

—with AAP

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