Oscar Pistorius is behind bars, reportedly at Kgosi Mampuru II prison in Pretoria, beginning a five-year jail sentence for the culpable homicide of Reeva Steenkamp.
Judge Thokozile Masipa has given Pistorius a five-year prison sentence, telling him:
I am of the view that a non-custodial sentence would send a wrong message to the community. On the other hand, a long sentence would not be appropriate either, as it would lack the element of mercy.
She also handed down a three-year sentence for negligently discharging a firearm in a crowded restaurant, wholly suspended and to be served concurrently.
The judge said house arrest and community service – proposed by two defence witnesses in mitigation – would not be appropriate for Pistorius, who "deliberately fired four shots into the door".
But the judge acknowledged that there would be many who disagreed with her ruling:
Society cannot always get what they want. Courts do not exist for a popularity contest but only to dispense justice … The general public may not even know the difference between punishment and vengeance.
Masipa described Reeva Steenkamp as:
Young, vivacious and full of life … a promising young woman who cared deeply for family, who was full of hope for the future, and lived life to the full. The loss of life cannot be reversed. Nothing I do or say today can reverse what happened to the deceased and to her family. Hopefully this sentence shall provide some sort of closure to the family … so they can move on with their lives.
Steenkamp's parents said they were satisfied with the sentence. But June Steenkamp, her mother, said there would not be closure, "unless you can magic her back". Her father Barry said: "I'm pleased that it's over."
There are disputed claims about how long the athlete will serve in prison, with the defence team indicating it expects him to be considered for house arrest after 10 months, and the National Prosecuting Authority insisting he must serve a minimum of one-third in jail: 20 months.
The defence is not expected to appeal the judgment, although prosecutors have stated there is an "appetite" for an appeal and they are looking at the legal basis for challenging the conviction and/or sentence.
Pistorius is reportedly currently in Kgosi Mampuru II prison, formerly Pretoria Central, where it is anticipated he will be housed in the hospital wing.
The Pistorius family has said it accepts the judgment. The athlete's uncle, Arnold Pistorius, said:
I hope Oscar will start his own healing process as we walk down the path of restoration. As a family we are ready to support and guide Oscar as he serves his sentence.
The International Paralympic Committee has said Pistorius will be banned from athletics competitions until 2019.
David Smith's report from Pretoria today is here and a summary of all 49 days of this trial is here. This live blog will wrap up now. Thank you for reading.
Will there be an appeal?
The National Prosecuting Authority has indicated it has an "appetite" to appeal. It had wanted a conviction for premeditated murder and could appeal against the judge's decision to clear Pistorius of that charge. Some South African lawyers have already questioned whether the judge erred in clearing him of a lesser charge of non-premeditated murder (dolus eventualis, that he must have known he was likely to kill a person by firing through the door).
If the state decided to challenge the conviction and/or sentence, prosecutor Gerrie Nel would have to make an application for appeal within 14 days to Judge Masipa.
The defence, on the other hand, appears unlikely to appeal. The statement by Arnold Pistorius, the athlete's uncle, on behalf of the family said they "accepted the judgment" and asked others to do the same – a hint, perhaps, that they will not appeal and wish to dissuade calls for the state to pursue one.
No comments:
Post a Comment