Thursday, September 11, 2014
Judge Masipa has been summarizing the evidence in a manner that suggests she may conclude that Oscar Pistorius is guilty of culpable (i.e., negligent) homicide, which is punishable by a sentence of up to 15 years in prison.
I base my prediction on the following comments, as reported by The Guardian:
1. Judge accepts defence timeline of events and rejects neighbours’ evidence.
2. It “makes sense” that screaming was Pistorius, not Steenkamp.
After finding that Pistorius “was a very poor witness,” she warned that “an assumption that because an accused is untruthful, he must be guilty, “must be guarded against.”
Masipa says Steenkamp was killed under “peculiar circumstances” that do not make sense. Why did Pistorius not check where she was before making his way to the bathroom? Why did Steenkamp not call the police, as Pistorius said he shouted to her to do, as she had her cellphone with her in the toilet?
Why did Steenkamp not hear him shout “at the top of his voice” for the intruder to get out of his house?
Unfortunately, this issues remain an issue of conjecture, the judge says.
Masipa says Pistorius was “not truthful” about his intention when arming himself with a loaded gun before approaching the bathroom. This doesn’t necessarily mean he is guilty, she adds.
On the count of premeditated murder, the judge says the evidence is “purely circumstantial”.
Masipa says state failed to prove that Pistorius is guilty of pre-meditated murder.
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