By Gerald Imray And Christopher Torchia
PRETORIA, South Africa — The judge in Oscar Pistorius’ murder trial appeared to be heading for a culpable homicide finding Thursday after ruling out both premeditated murder and murder verdicts in the shooting death of the double-amputee Olympic athlete’s girlfriend, Reeva Steenkamp.
Judge Thokozile Masipa said prosecutors have not proved beyond a reasonable doubt that Pistorius, 27, is guilty of premeditated murder.
“Culpable homicide is a competent verdict,” the judge said, but did not deliver any formal verdicts in the shooting death of Pistorius’ 29-year-old girlfriend before calling for a lunch break in the proceedings.
Culpable homicide refers to a negligent killing. If Pistorius is acquitted of murder, he could still be sent to jail for years if it’s found he acted negligently in Steenkamp’s death. Pistorius has admitted firing the four shots that killed Steenkamp on Valentine’s Day last year.
Pistorius says he mistook his girlfriend, a model and budding reality TV star, for an intruder and killed her accidentally. The prosecution alleges the athlete intentionally killed her after a loud argument, which was heard by neighbours.
Members of the public try to get a glimpse of Oscar Pistorius outside North Gauteng High Court on September 11, 2014 in Pretoria, South Africa. (Charlie Shoemaker/Getty Images)
Masipa was explaining her reasoning behind the upcoming verdicts in the case against Pistorius, and said there were “just not enough facts” to support the finding of premeditated murder in Steenkamp’s fatal shooting.
As the judge spoke, Pistorius wept quietly, his shoulders shaking as he sat on a wooden bench.
Masipa earlier told Pistorius he could remain seated on the bench while she read her verdict out and until she asked him to stand for the judgment. She then proceeded to explain her assessment of the testimonies of some of the 37 witnesses in the trial, including Pistorius’ testimony in his own defence.
In that assessment, Masipa described Pistorius as a “very poor witness” who had lost his composure on the stand and was at times “evasive”, but she emphasized 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. 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 Pistorius had been the person screaming in a high-pitched voice after discovering he had fatally shot Steenkamp.
At one point, Masipa said: “I continue to explain why most witnesses got their facts wrong.”
Aimee Pistorius, the sister of Oscar Pistorius, leaves North Gauteng High Court for a lunch break on September 11, 2014 in Pretoria, South Africa. (Charlie Shoemaker/Getty Images)
Masipa also said she was disregarding text messages between Steenkamp and 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.
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 Feb. 14, 2013. He also faced years in jail if found guilty of murder without pre-planning, or of negligent killing. Pistorius could also be acquitted if Masipa believes he made a tragic error and acted reasonably.
Pistorius has said he thought there was an intruder in his home and pleaded not guilty to murder.
A key part of the prosecution’s case was its assertion that Steenkamp screamed during a late-night alleged fight with Pistorius before he killed her. But Masipa said some of those witnesses who testified to hearing a woman scream were “genuinely mistaken in what they heard, as the chronology will show.”
Masipa also cited testimony of an acoustics expert called by the defence, saying it cast “serious doubt” on whether witnesses who were hundreds of meters (yards) away in their homes — as some state witnesses were — could have differentiated between the screams of a man or a woman.
Members of the ANC Women’s League protest Oscar Pistorius outside the North Gauteng High Court on September 11, 2014 in Pretoria, South Africa. (Photo by Charlie Shoemaker/Getty Images)
Earlier, 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, 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 Pistorius is convicted on any charge, the case will likely be postponed until a later sentencing hearing.
There were many journalists at the courthouse, where the sensational trial has unfolded over the last six months.
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