Advertisement

Legal experts shocked by Pistorius murder ruling

The judge in the Oscar Pistorius trial has been criticised as too lenient after clearing the star athlete of the murder of his model girlfriend.

The 27-year-old Olympian could still be found guilty of the lesser charge of culpable homicide over the shooting death of Reeva Steenkamp when the court reconvenes later today.

Pistorius ‘not guilty’ of murder
• Pistorius: The rise and fall of the Blade Runner

Pistorius, who shot Steenkamp dead through the bathroom door of his luxury home in February last year, wept as the verdict was delivered in the court in Pretoria on Thursday.

In her summing up, which took several hours, Judge Thokozile Masipa found the evidence for premeditated murder was “purely circumstantial”.

“Clearly he did not subjectively foresee this as a possibility that he would kill the person behind the door, let alone the deceased, as he thought she was in the bedroom,” she told a packed court.

However, she said the Olympian acted “too hastily” in firing the shots and that it was clear his conduct was negligent.

The maximum sentence Pistorius now faces on a charge of culpable homicide is 15 years.

Johannesburg-based criminal lawyer Martin Hood said the consensus was that the judge had got it wrong.

“I’m shocked,” he said.

“I think she’s going to get quite a lot of criticism from the judiciary and the legal system.

“The consensus among the legal community was that he is guilty of murder.”

pistorius-lead
Mr Hood was concerned the case could set a precedent.

“This could really open the door to systematic abuse of our legal system by people who shoot their partners and claim self-defence,” he said.

“If someone can shoot in an irresponsible manner, and even in a negligent manner and not be held accountable to the fullest extent of the law, then it means that we are not able to use the law as a tool to address violent crime in this country.”

Another Johannesburg lawyer, David Dadic, said he and other legal professionals were “quite stunned by the decision… that the death behind the door, irrespective of who the victim was, was not foreseeable.”

Mr Hood said the final verdict should be culpable homicide “at the very, very least” because “Pistorius said it was an accident”.

“[An] accident resulting in the death of another human being doesn’t make it justifiable, it makes it negligent.”

Wits University criminal law professor James Grant noted the state could appeal if they believe there has been an 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.”

Lawyers also expect that Pistorius will be convicted of separate charges of gun and ammunition possession, for which he may be jailed, lose his licence or have a fine imposed.

Whatever the final verdict, Pistorius’ glittering sporting career is likely to be over.

Once a poster boy for disabled sport, the man formerly known as the ‘Blade Runner’ has been stripped of lucrative endorsement deals by global brands and has withdrawn from all competition.

Advertisement
Stay informed, daily
A FREE subscription to The New Daily arrives every morning and evening.
The New Daily is a trusted source of national news and information and is provided free for all Australians. Read our editorial charter.
Copyright © 2024 The New Daily.
All rights reserved.