The verdict in Oscar Pistorius case has been changed to murder.
The Paralympic champion has been found guilty of murder after a South African appeals court overturned an earlier manslaughter verdict.
Oscar Pistorius, 28, killed his girlfriend Reeva Steenkamp in February 2013 after shooting her four times through a locked toilet door.
He is currently under house arrest after spending one year of his original five-year sentence in jail.
Photo AP
Oscar Pistorius will have to return to court to be re-sentenced, for murder.
South Africa’s Supreme Court of Appeal ruled that the lower court did not correctly apply the rule of dolus eventualis – whether Oscar Pistorius knew that a death would be a likely result of his actions.
The minimum sentence for murder is 15 years but judges can apply some discretion.
South African law does not make provision for someone to be placed under house arrest for more than five years, so Pistorius will be going back to prison.
Oscar Pistorius’ family gave a brief response, saying lawyers are studying the finding who will advise them on “options going forward”.
Reading the ruling reached by a panel of five judges, Justice Eric Leach said that having armed himself with a high-caliber weapon, Oscar Pistorius must have foreseen that whoever was behind the door might die.
“As a matter of common sense at the time the fatal shots were fired, the possibility of the death of the person behind the door was clearly an obvious result.
“And in firing not one but four shots, such a result became even more likely,” the judge said.
Oscar Pistorius always maintained that he believed there was an intruder in the house but the judge said that the identity of the person behind the door was “irrelevant to his guilt”.
Justice Eric Leach compared it to someone setting off a bomb in a public place not knowing who the victims might be.
The judge also rejected the argument that Oscar Pistorius had acted in self-defense.
Justice Eric Leach said that Oscar Pistorius’ life was not in danger at the time of the shooting, as the athelte did not know who was behind the door or if they posed a threat.
The judge added that Oscar Pistorius did “not take that most elementary precaution of firing a warning shot”.
The double amputee did not attend the hearing in Bloemfontein.
But Reeva Steenkamp’s mother, June, was present and afterwards she was seen outside the court being embraced by members of the African National Congress Women’s League, who were singing songs of celebration.
Many in South Africa were upset by the original acquittal on murder charges, with women’s rights groups arguing Oscar Pistorius should have been found guilty of murder as a deterrent because of the high number of women who are killed by their partners in the country.
The Paralympic champion was released from prison on October 19. Under South African law, he was eligible for release under “correctional supervision”, having served a sixth of his sentence.
Oscar Pistorius can challenge the ruling in the constitutional court but only if his lawyers can argue that his constitutional rights have been violated.
Days before Oscar Pistorius is due to be released on probation, South African prosecutors have filed papers calling for the paralympic champion to be convicted of murder.
Oscar Pistorius, 28, has spent 10 months in jail for shooting dead his girlfriend Reeva Steenkamp on February 14, 2013, after his conviction for manslaughter last year.
The double-amputee athlete insists he mistook Reeva Steenkamp for an intruder.
State prosecutors want Oscar Pistorius’ conviction to be reviewed and converted to murder, with a minimum sentence of 15 years.
Oscar Pistorius was jailed for five years in 2014 for the culpable homicide of Reeva Steenkamp, a charge equivalent to manslaughter.
Under South African law, Oscar Pistorius is eligible for release under “correctional supervision”, having served a sixth of his sentence.
After being freed, the athlete would serve the rest of his term under house arrest.
During sentencing, Judge Thokozile Masipa said the state had failed to prove Oscar Pistorius’ intent to kill when he fired.
The athlete’s defense team now has a month to file its response.
Reeva Steenkamp’s parents have said that the time he has served is “not enough for taking a life”.
Oscar Pistorius shot and killed Reeva Steenkamp through a locked bathroom door at his Pretoria home, believing she was an intruder, he told his trial.
In March a Johannesburg court blocked Oscar Pistorius’ legal team’s attempts to stop the prosecutors’ appeal.
Judge Thokozile Masipa is due to announce if Oscar Pistorius is guilty of the culpable homicide of his girlfriend, Reeva Steenkamp.
The judge cleared Oscar Pistorius of murder on September 11, saying the prosecution had failed to prove he intended to kill the model Reeva Steenkamp on Valentine’s Day of 2013.
However, she said Oscar Pistorius’ conduct on the night in question had been negligent.
Oscar Pistorius, 27, admits firing through a toilet door at his home but says he mistook Reeva Steenkamp for an intruder.
Judge Thokozile Masipa is due to announce if Oscar Pistorius is guilty of the culpable homicide of Reeva Steenkamp
Prompting tears from the Olympic and Paralympic sprinter, Judge Thokozile Masipa said he could not have foreseen killing whoever was behind the door – but went on to say that he had acted hastily and with excessive force.
She described his actions as negligent.
Correspondents at Oscar Pistorius’ trial said the judge appeared to be leaning towards the lesser charge of manslaughter, known in South Africa as culpable homicide, when she adjourned unexpectedly for the day.
The charge of culpable homicide implies negligence without intention to kill and could still mean a jail sentence of up to 15 years. Legal experts suggest seven to 10 years is more likely.
The double amputee had denied murdering Reeva Steenkamp after a row on Valentine’s Day last year, saying he shot her by mistake.
Oscar Pistorius has pleaded not guilty to all the charges he faces, including two counts of shooting a firearm in public and the illegal possession of ammunition.
Judge Thokozile Masipa has ruled out a verdict of premeditated murder in the Oscar Pistorius trial, saying the prosecution failed to prove he killed his girlfriend deliberately after an argument.
However, Judge Thokozile Masipa also rejected the defense’s argument that the athlete lacked criminal capacity.
The judge said she was satisfied the accused “could distinguish between right and wrong”.
She said he was an evasive witness but this did not mean he was guilty.
Oscar Pistorius denies murdering Reeva Steenkamp on Valentine’s Day of 2013, saying he thought there was an intruder
Oscar Pistorius, 27, denies murdering Reeva Steenkamp on Valentine’s Day of 2013, saying he thought there was an intruder.
The judge could also find him guilty of culpable homicide, or manslaughter, for which he would face a long jail term.
Oscar Pistorius has pleaded not guilty to all the charges he faces, including two counts of shooting a firearm in public and the illegal possession of ammunition.
Judge Thokozile Masipa began by detailing the charges against the athlete and repeating extracts of his testimony, reading in a slow, measured way. She then moved on to a summary of the trial.
Judge Thokosile Masipa in the Oscar Pistorius trial has questioned the reliability of several witnesses in court, as she delivers her verdict on the athlete.
Judge Thokosile Masipa said humans were fallible, and may not have heard gunshots or screaming as they thought.
Correspondents say this could make a premeditated murder verdict unlikely.
Oscar Pistorius, 27, denies murdering Reeva Steenkamp on Valentine’s Day of 2013, saying he thought there was an intruder.
The judge could also find him guilty of culpable homicide, or manslaughter, for which he would face a long jail term.
Oscar Pistorius has pleaded not guilty to all the charges he faces, including two counts of shooting a firearm in public and the illegal possession of ammunition.
Judge Thokosile Masipa began by detailing the charges against the athlete and repeating extracts of his testimony, reading in a slow, measured way.
Oscar Pistorius has pleaded not guilty to all the charges he faces at his Pretoria trial (photo AP)
She then moved on to a summary of the trial.
A tense-looking Oscar Pistorius looked on from the dock, and then began to weep.
Judge Thokosile Masipa said that defense claims that police contaminated evidence and removed items from the crime scene “paled into insignificance”.
She questioned the reliability of several witnesses who apparently heard screams and gunshots at the time of the incident, saying most of those who said they had heard the incident had “got facts wrong”.
The judge also said that the court would not make inferences about the state of the relationship between Oscar Pistorius and Reeva Steenkamp. The prosecution has suggested that it was “on the rocks”.
Correspondents say the judge appeared to be moving much more quickly than expected through the evidence, in a process which had been expected take hours or even days.
During his closing remarks last month, Oscar Pistorius’ lawyer Barry Roux conceded that the athlete should be found guilty of negligence for discharging a firearm in a restaurant – which carries a maximum penalty of five years.
Most of the trial, which began on March 3, 2014, has been televised and attracted worldwide attention.
Reeva Steenkamp, a 29-year-old model and law graduate, was hit three times by bullets shot through a toilet door by Oscar Pistorius at his home in the capital, Pretoria, in the early hours of February 14, 2013.
Judge Thokosile Masipa is due to give her verdict at the murder trial of Oscar Pistorius in Pretoria, South Africa.
The 27-year-old Paralympic champion faces 25 years in jail if found guilty of premeditated murder.
Oscar Pistorius denies intentionally killing his girlfriend Reeva Steenkamp on Valentine’s Day of 2013, saying he thought there was an intruder.
Judge Thokosile Masipa could also find Oscar Pistorius guilty of culpable homicide, or manslaughter, for which he would face a long jail term.
Oscar Pistorius has pleaded not guilty to all the charges he faces, including two counts of shooting a firearm in public and the illegal possession of ammunition.
During his closing remarks last month, Oscar Pistorius’ lawyer Barry Roux conceded that the athlete should be found guilty of negligence for discharging a firearm in a restaurant – which carries a maximum penalty of five years.
Most of the trial, which began on March 3, 2014, has been televised and attracted worldwide attention.
Oscar Pistorius denies intentionally killing his girlfriend Reeva Steenkamp on Valentine’s Day of 2013
Before the fatal shooting, Oscar Pistorius was feted in South Africa and known as the “blade runner”.
He had won gold at the London 2012 Paralympic Games and also competed at the Olympics.
The judgement at his trial is likely to be well over 100 pages. The judge will go through each charge, summing up the prosecution and defense cases and analyzing the evidence.
Reeva Steenkamp, a 29-year-old model and law graduate, was hit three times by bullets shot through a toilet door by Oscar Pistorius at his home in the capital, Pretoria, in the early hours of February 14, 2013.
Oscar Pistorius denies the prosecution’s allegation that the couple – who had been dating for three months – had rowed.
The athlete said he thought Reeva Steenkamp was still in the bedroom when he heard a noise in the bathroom, which he believed to be an intruder.
The prosecution have tried to characterize Oscar Pistorius as a “hothead”, while his defense team have portrayed him as having a heightened response to perceived danger because of his disability and background.
In July, a psychiatric report requested by the judge said Oscar Pistorius had post-traumatic stress disorder but no mental illness that could prevent him being held criminally responsible for his actions.
Oscar Pistorius has been greatly affected by his disability, a sports doctor has told his murder trial.
Dr. Wayne Derman told the court in Pretoria that Oscar Pistorius suffered “significant stress and anxiety”.
Oscar Pistorius, 27, says he shot Reeva Steenkamp after mistaking her for an intruder in their house last year.
The prosecution argues that the Paralympic champion killed his girlfriend deliberately after a row.
At issue is Oscar Pistorius’ state of mind at the time of the shooting.
Oscar Pistorius has a lifetime vulnerability as a result of his disability
On Monday, the court heard he was not suffering from a mental disorder when he shot Reeva Steenkamp.
According to a psychiatrists’ report, Oscar Pistorius is capable of distinguishing between right and wrong and so should bear criminal responsibility for his actions.
The court also heard a psychologist’s assessment on Wednesday which found that Oscar Pistorius had PTSD since the shooting and could be a suicide risk.
It found he was mourning Reeva Steenkamp, a model and law graduate.
Oscar Pistorius’ lawyer, Barry Roux, has argued that his client would react more sharply to fear than an able-bodied person would because of the anxiety caused by his disability.
Wayne Derman, a professor of sports and exercise medicine at the University of Cape Town, was the final witness called by the defense.
Dr. Wayne Derman said Oscar Pistorius had had a “lifetime of real and learnt vulnerability” as a result of his disability. Disability, he said, had a “knock-on” effect through one’s entire life.
“Disability never sleeps.”
Oscar Pistorius, the professor added, also had a “profound fear of crime”.
The athlete, Wayne Derman said, had developed an “exaggerated fight response” and this was responsible for the “horrific tragedy” of Reeva Steenkamp’s death.
Oscar Pistorius says he fired multiple shots into a toilet cubicle where Reeva Steenkamp was, while in a state of panic.
The athlete and Reeva Steenkamp, 29, had been dating for about three months before the shooting.
Oscar Pistorius has often displayed his emotions during the trial, including breaking down in tears in court.
According to a psychologist’s report submitted at Oscar Pistorius’ murder trial, the athlete has post-traumatic stress disorder and could be a suicide risk.
The report, read by Oscar Pistorius’ defense lawyer, said he was mourning his girlfriend Reeva Steenkamp.
On Monday, the court heard that Oscar Pistorius, 27, was not suffering from a mental disorder when he shot Reeva Steenkamp.
The Paralympic champion denies murder, saying he killed Reeva Steenkamp by mistake when fearing there was an intruder in the house.
Oscar Pistorius was not suffering from a mental disorder when he shot Reeva Steenkamp (photo EMPICS)
The prosecution says the Olympic athlete deliberately killed Reeva Steenkamp, a model and law graduate, after the couple had an argument.
Both prosecution and defense have accepted the findings of the psychologist’s report.
Two reports – one by a psychologist and another by three psychiatrists – were drawn up after a month of tests to evaluate the athlete’s state of mind.
The prosecution on Monday noted that the psychiatrists’ report said Oscar Pistorius, 27, was capable of distinguishing between right and wrong and so should bear criminal responsibility for his actions.
Defense lawyer Barry Roux on Wednesday quoted the second evaluation as saying that Oscar Pistorius, a double-amputee, has a history of feeling insecure and vulnerable, especially without his prosthetic legs.
It said he was likely to react more sharply to fear than an able-bodied person would.
“Should he not receive proper clinical care, his condition is likely to worsen and increase the risks for suicide,” Barry Roux quoted the report as saying.
It also said he did not show signs of narcissism or explosive rage, which is usually seen in men who are abusive to their partners.
The court has previously heard that Reeva Steenkamp had sent the athlete a message saying: “I’m scared of you sometimes.”
Final defense witness Wayne Derman, professor of sports and exercise medicine at the University of Cape Town, said Oscar Pistorius was an anxious individual, with hand tremors and chronic problems with the stumps of his legs.
Earlier, Oscar Pistorius’ manager was cross-examined, with prosecutor Gerrie Nel concentrating on the sprinter’s reported rows with roommate Arnu Fourie and his love life.
On Tuesday, Peet van Zyl said Oscar Pistorius had become a “global icon” at the 2012 London Olympics and could have increased his income five or six times.
Oscar Pistorius did not have a mental disorder when he killed Reeva Steenkamp, a psychological report said as his murder trial resumed in Pretoria.
The report was presented following an evaluation into his mental health.
Oscar Pistorius’ defense team has argued he was suffering from an anxiety disorder at the time of the shooting.
Oscar Pistorius did not have a mental disorder when he killed Reeva Steenkamp
Both prosecution and defense have accepted the results of the report.
The defense team is now hearing from Dr. Gerry Versfeld, who amputated Oscar Pistorius’ legs when he was just 11 months old.
Oscar Pistorius had been born without the fibulas in both of his legs but went on to become an Olympic athlete.
Dr. Gerry Versfeld is testifying about the impact of the disability on Oscar Pistorius, now 27, and to what extent he can walk without his prosthetic legs.
The defense is expected to finish presenting its evidence in the next few days.
Reeva Steenkamp, a 29-year-old model and law graduate, was shot through a toilet door at Oscar Pistorius’ house in Pretoria on Valentine’s Day last year.
The couple had been dating for three months.
“Mr. Pistorius did not suffer from a mental illness or defect that would have rendered him criminally not responsible for the offence charged,” said state prosecutor Gerrie Nel, reading from the psychologist report.
The prosecution requested the evaluation after a defense witness said the double amputee was suffering from Generalized Anxiety Disorder (Gad).
Oscar Pistorius underwent a month of tests as an outpatient at Weskoppies psychiatric hospital in Pretoria.
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