Thursday, September 11, 2014

It's Not Over Yet,Oscar Awaits Culpable Homicide Verdict.


Oscar Pistorius has been cleared of murdering girlfriend Reeva Steenkamp, but the Paralympian's troubles aren't over According to News24South Africa,there's still a ruling to come on culpable homicide.
Oscar Pistorius was cleared on Thursday of murdering girlfriend Reeva Steenkamp, but the Paralympian faced a troubled night after the judge adjourned for the day before ruling on a charge of culpable homicide.



The double-amputee, once one of the biggest names in world athletics, has reason to fear a guilty verdict after Judge Thokozile Masipa adjourned seconds after saying key elements of the culpable homicide charge were satisfied when he shot Steenkamp dead on Valentine's Day last year.

"I am of the view that the accused acted too hastily and used excessive force. It is clear that his conduct was negligent," she told the packed courtroom before adjourning until Friday. She also said he had not acted "reasonably".

Earlier, Masipa ruled that prosecutors, led by the combative Gerrie Nel, had failed to prove the 27-year-old intended to kill Steenkamp after an argument.

The defence said Pistorius shot Steenkamp as a result of a tragic accident after mistaking her for an intruder hiding behind a locked toilet door.

As Masipa delivered her not-guilty decision on the primary charge of premeditated murder, Pistorius, who would have faced at least 25 years behind bars if convicted, sat sobbing in the dock, tears streaming down his cheeks.

Culpable homicide carries up to 15 years in prison, but has no minimum sentence.

Although Masipa described Pistorius as a "very poor" and "evasive" witness, she said it did not mean he was necessarily guilty in a case heavily reliant on circumstantial evidence.

"The State has not proved beyond reasonable doubt that the accused is guilty of premeditated murder," she said. "There are just not enough facts to support such a finding."

She then proceeded to absolve Pistorius of a lesser murder charge that requires a different concept of intention, known by the legal term dolus eventualis, which holds you responsible for the foreseeable consequences of your actions.

"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 said.

Legal experts said the state might question this ruling.
"I think the verdict on premeditated murder is acceptable and well reasoned and not a surprise," said Stephen Tuson, a law professor at Johannesburg's University of Witwatersrand.
"However, on dolus eventualis, I think the State would arguably be able to appeal," he added.


Source News24SouthAfricaLive

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