Judgment in the Oscar Pistorius murder trial: what happened in court today, and what's next?

12 September 2014 647

Judgement continued this morning in the Oscar Pistorius trial.

The court started by handing down judgement on the other three charges relating to firearms and ammunition, and gave the following brief reasons for judgment:

On the charge relating to the discharge of a firearm through the sunroof of a vehicle, Pistorius was found not guilty, mainly due to the witness’s contradicting testimony on crucial aspects. The Judge commented that it seemed that they were testifying about different incidents.

Similarly, he was found not guilty on the charge of illegal possession of ammunition. The court held that the state failed to introduce evidence that proved Pistorius intended to possess the ammunition, and therefore there cannot be a conviction.

Pistorius was however found guilty on the firearm charge relating to the incident in Tasha’a restaurant. It was irrelevant the he alleges not to have known the gun was loaded, and the court held that he should not have asked to hold the gun whilst in a crowded restaurant.

Thereafter, the court turned back to the main charge, and as expected, Pistorius was formally convicted of culpable homicide, or the negligent killing of the deceased.

So what’s next?

The matter will now have to be remanded for sentencing.

What sentence is he facing?

Unlike with murder, there is no prescribed minimum sentence for culpable homicide, and therefore the type and length of the sentence will be in the discretion of the court. It is possible for him to receive direct imprisonment for a period of time, however the court also has the discretion to impose a wholly suspended sentence and/or correctional supervision.

Will the matter finally be over once sentencing has been finalized?

This matter is in all likelihood far from being laid to rest.

The State may appeal the trial court’s judgement on both conviction and sentence. Furthermore, the Steenkamp family can institute a civil claim against Pistorius for loss of income and support, and possibly for pain and suffering.

Will Pistorius forfeit his bail money now that he has been found guilty?

No, Pistorius complied with all his bail conditions, and therefore upon finalisation of this trail, his bail money will be returned to him.

How does the verdict affect his career?

Pistorius now has a criminal record, which might possibly affect his future career. Many countries will refuse the issuing of a visa to a person with a criminal record for serious crimes. Firearm violations are seen as a serious crime. It is however interesting to note that the 2016 Paralympics are to be held in Brazil, and Brazil does not require South Africans to apply for a visa in the event of their stay being less than 90 days.

 

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