PRETORIA // In a lengthy verdict phase climaxing Oscar Pistorius’ trial, the judge said the Paralympian was not guilty of murder but that he was negligent in the shooting death of his girlfriend, raising the possibility he may be convicted of culpable homicide.
Judge Thokozile Masipa said she felt the double-amputee Olympian acted negligently when he fatally shot Reeva Steenkamp through a toilet door in his home in the predawn hours of Valentine’s Day last year.
She then stopped reading out her judgement in the six-month trial and adjourned until Friday, when a formal judgement is expected.
If Mr Pistorius is acquitted of murder, he could still be sent to jail for years if convicted of culpable homicide.
While the judge did not announce a verdict, she said the prosecution had not proven beyond a reasonable doubt that Mr Pistorius committed premeditated murder. She also ruled out a murder charge, but said Mr Pistorius may be vulnerable to being convicted of culpable homicide – or negligent killing.
“I am of the view that the accused acted too hastily and with excessive force,” judge Masipa.
The world-famous athlete acknowledged firing four shots through a toilet door in his home, hitting Steenkamp in the head, arm and hip area and killing her. He said he mistook her for an intruder.
The prosecution alleged the athlete intentionally killed his girlfriend, a model, after a loud argument, which was heard by neighbors.
Culpable homicide normally carries a five-year jail sentence in South Africa when a firearm is used, but it can be changed by a judge depending on the specific circumstances of the killing.
“Culpable homicide is a competent verdict,” the judge said.
Judge Masipa said there were “just not enough facts” to support the finding of premeditated murder in Steenkamp’s fatal shooting.
As she spoke, Mr Pistorius wept quietly.
Judge Masipa earlier told Mr Pistorius, 27, he could remain seated on the bench while she read her verdict out and until she asked him to stand for the judgement.
She described Mr Pistorius as a “very poor witness” who had lost his composure on the stand and was at times “evasive”, but she emphasised that did not mean he was guilty of murder.
Earlier, the 66-year-old judge cast doubt on witness accounts of hearing a woman’s screams, a key part of the prosecution’s case.
Judge Masipa said “none of the witnesses had ever heard the accused cry or scream, let alone when he was anxious”, apparently acknowledging the possibility of the defence’s argument that Mr Pistorius had been the person screaming in a high-pitched voice after discovering he had fatally shot Steenkamp.
The judge also cited testimony of an acoustics expert called by the defence, saying it cast “serious doubt” on whether witnesses who were hundreds of metres away in their homes could have differentiated between the screams of a man or a woman.
Ms Masipa also said she was disregarding text messages between Steenkamp and Mr Pistorius that had been entered as evidence. Prosecutors had submitted text messages that showed tension between them while the defence submitted messages that indicated mutual affection. That evidence, the judge said, doesn’t prove anything.
“Normal relationships are dynamic and unpredictable most of the time, while human beings are fickle,” she said.
Mr Pistorius faced 25 years to life in prison if convicted of premeditated murder for fatally shooting Steenkamp through a toilet cubicle door in his home in the pre-dawn hours of February 14, 2013. He also faced up to 20 years in jail if found guilty of murder without pre-planning, or a maximum of 15 years if convicted of culpable homicide.
Mr Pistorius could also be acquitted if judge Masipa believes he made a tragic error and acted reasonably.
Earlier, judge Masipa began by outlining in detail the four charges against the Olympic runner: Murder, two counts of unlawfully firing a gun in a public place in unrelated incidents and one count of illegal possession of ammunition.
Before the session began, Mr Pistorius hugged his brother Carl, who was seated in a wheelchair because of injuries suffered in a recent car crash.
The parents of Steenkamp were also in the packed gallery. Other members of Pistorius’ family, including his father Henke, sat behind him.
If Mr Pistorius is convicted on any charge, the case will likely be postponed until a later sentencing hearing.
* Associated Press