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Trial of Oscar Pistorius

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The State vs Oscar Pistorius
The Palace of Justice in Pretoria
CourtGauteng Division of the High Court of South Africa in Pretoria
Case history
Related actionsMultichoice (Proprietary) Limited and others v National Prosecuting Authority and another [2014] ZAGPPHC 37, Gauteng Division, Pretoria (South Africa) (broadcasting of proceedings)
Court membership
Judge sittingThokozile Masipa

The trial of Oscar Pistorius for the murder of Reeva Steenkamp and several gun-related charges (The State vs Oscar Pistorius) in the High Court of South Africa in Pretoria commenced on 3 March 2014. Oscar Pistorius is a leading South African runner, who won attention as an athlete with a disability competing at a high level, including multiple Paralympic Games and the 2012 Summer Olympics. Reeva Steenkamp, a model, was his girlfriend. In the early morning of Thursday, 14 February 2013, Steenkamp was shot and killed by Pistorius at his Pretoria home. Pistorius acknowledges that he shot Steenkamp to death and says that he mistook her for an intruder. Pistorius was taken into police custody and was formally charged with murder in a Pretoria court on 15 February 2013.

On 25 February 2014, Judge President Dunstan Mlambo ruled in the High Court in Pretoria that the entire trial may be broadcast live via audio and that parts of the trial may be broadcast live via television, namely the opening and closing arguments, the testimony of consenting state witnesses, the judgment, and the sentencing if applicable.

Bail hearing

The bail hearing commenced on 19 February 2013 under Chief Magistrate of Pretoria Desmond Nair. During the hearing, both prosecution and defence said that Pistorius had fired four shots through a locked toilet door, hitting Steenkamp three times inside. Prosecutor Gerrie Nel claimed that Pistorius had put on his prosthetic legs, walked across his bedroom to the bathroom, and intentionally shot Steenkamp through the door. Nel argued that the time required for this process was sufficient to establish the alleged murder as premeditated. Pistorius said that he had thought Steenkamp was in the bed, and that the person in the toilet was an intruder.

Chief investigating officer Hilton Botha said at the bail hearing that a witness had heard gunshots coming from Pistorius' home and then a female screaming followed by more gunshots; he initially said the witness was 600 metres away, but later said the distance was 300 metres. Botha also said the trajectory of the gunshots indicated that they had been fired downward and directly toward the toilet, seemingly conflicting with Pistorius' statement that he was not wearing his prosthetics at the time. He acknowledged that procedural mistakes had been made during the crime scene investigation and that police had found no evidence inconsistent with the version of events presented by Pistorius, adding later that equally nothing contradicted the police version either. On 22 February 2013, Botha was removed from the case following revelations that he was facing attempted murder charges stemming from a 2009 incident. Botha was replaced by Vineshkumar Moonoo, described as "the most senior detective" in the South African Police Service.

On the first day of the bail hearing, Magistrate Nair ruled that for the purposes of the bail hearing Pistorius was charged with a Schedule 6 criminal offence, which relates to serious crimes including premeditated murder and requires exceptional circumstances for release on bail. On 22 February 2013, at the conclusion of the four-day bail hearing, Magistrate Nair said that the state had not convinced him that Pistorius posed a flight risk and fixed bail at R1 million (US$113,000). On 4 June 2013 the court case was postponed to allow time for further investigation until a hearing at Pretoria Magistrate's Court on 19 August 2013, when Pistorius was formally indicted on two charges of murder and the illegal possession of ammunition. The indictment noted that even if Pistorius was mistaken in the identity of the person he shot, the intention was to kill.

In late June 2013, Pistorius returned to training, reportedly looking much thinner and wearing a beard. His agent said that it was a very emotional experience for Pistorius and that returning had been a "bittersweet" moment for him.

Trial

Dates for a trial to be held at the Gauteng Division of the High Court were initially set from 3 to 20 March 2014, and later extended until 16 May 2014. The murder trial commenced on 3 March 2014 in the High Court in Pretoria. Pistorius is also facing a charge of illegal possession of ammunition and two charges of firing a gun in a public space. The trial was assigned to Judge Thokozile Masipa, who appointed two assessors, Janette Henzen du Toit and Themba Mazibuko, to help her evaluate the case and reach a verdict. There is no jury, as the jury system in South Africa was abolished during apartheid.

Section 35 of the South African Bill of Rights provides that "Every accused person has a right to a fair trial, which includes the right... to be tried in a language that the accused person understands or, if that is not practicable, to have the proceedings interpreted in that language". At the start of the trial, Masipa told the court that the proceedings would be held in English with the assistance of interpreters, and confirmed that Pistorius is English-speaking. Difficulties related to court interpreters have led to court delays, mistranslations and witnesses opting to testify in English rather than their first language.

The opening statement of prosecutor Gerrie Nel noted that the murder case against Pistorius is based largely on circumstantial evidence, as there were no eyewitnesses to the incident. Pistorius pleaded not guilty to all the charges against him, including murder and three gun-related charges. In his opening statement read out by Pistorius family lawyer Kenny Oldwage, Pistorius said he believed Steenkamp was in bed when he shot at what he thought was an intruder behind the toilet door, and that he had spoken to her in bed shortly beforehand. He admitted to killing Steenkamp, but denied the charge of murder.

The lead defence advocate in the case is Barry Roux. In South African criminal law, murder is defined as the intentional unlawful killing of another human being. The defence of Pistorius is that, in shooting at what he believed to be an intruder, he mistakenly believed he was acting in self-defence. Self-defence excludes the unlawfulness requirement of criminal liability – so that an act in valid self-defence is lawful. Technically his defence amounts to a claim that he did not intend to act unlawfully. If he can raise a reasonable doubt in his favour that he was actually mistaken, as he claims, he is entitled, under South African law, to a complete acquittal on the charge of murder. The court will then consider whether this mistake was reasonable – one that a reasonable person, in his circumstances, may have made. If the court concludes that this was an unreasonable mistake, it will convict him of culpable homicide (all other requirements assumed). Culpable homicide in South African criminal law is defined as the negligent unlawful killing of another human being – roughly the equivalent of the English and US manslaughter.

Progress of the trial

This section may be unbalanced towards certain viewpoints. Please improve the article or discuss the issue on the talk page. (April 2014)

On the first and second day of the trial, witnesses testified to hearing sounds of arguing that lasted about an hour followed by what were described as a woman's screams and gunshots on the night Steenkamp died.

On the morning of day three, the defence resumed the cross examination of witnesses claiming to have heard a woman's screams and gunshots. The defence sought to establish that this was in fact Pistorius screaming for help and that the "explosive sounds" heard was the door to the toilet being battered down. In the afternoon the prosecution continued with testimony relating to an incident when a shot was fired in a restaurant the year previously.

On the fourth day, Pistorius' neighbour, Johan Stipp, a radiologist, testified that he found Pistorius praying over Steenkamp's body when he went over to help after being woken by what he described as the sound of gunshots and a woman screaming. Stipp testified that the first thing he remembered Pistorius saying when he saw him was "I shot her. I thought she was a burglar. I shot her." Stipp also testified that the light was on in the bathroom and he saw a figure moving as a woman screamed.

On day five the court heard testimony from a former girlfriend of Pistorius and from a security guard at the estate where Pistorius lived, on duty the night of the events. The court adjourned until the following Monday 10 March 2014.

The trial entered its sixth day on 10 March. Pistorius vomited multiple times in court, as the state pathologist delivered graphic testimony about the nature of Steenkamp's injuries.

On 24 March, the court heard testimony about messages sent on iPhones between Pistorius and Steenkamp using WhatsApp. Ninety percent of them were described as loving and normal, but there were several from Steenkamp accusing Pistorius of jealousy and possessiveness. In one of them, sent less than three weeks before her killing, Steenkamp told Pistorius "I'm scared of you sometimes, of how you snap at me", and described his behaviour as "nasty".

On 28 March, the trial was postponed until 7 April as one of the assessors fell ill. On 7 April, Pistorius began testifying in his own defence at the trial.

Notable media coverage

Pistorius in 2011

Print media

  • Time published a cover story titled "Pistorius and South Africa's culture of violence" in the 11 March 2013 issue of the magazine.
  • Vanity Fair published a feature story about the incident titled "The Shooting Star and The Model" in the Crime section of their June 2013 issue.
  • Pieces of the Puzzle: Oscar Pistorius and Reeva Steenkamp Part One: The Killing by Laurianne Claase was published in 2013, initially as an e-book and subsequently in print. Claase plans to publish a book sequel after the trial has ended.
  • On 4 March 2014, The Guardian published an article by South African crime novelist Margie Orford, "Oscar Pistorius trial: the imaginary black stranger at heart of the defence", describing how the case "taps into a painful narrative in which race, sex, power and violence converge".
  • Writing in her Daily Maverick column published on 4 March 2014, Sisonke Msimang finds vibrancy and emerging self-confidence reflected in the local social media coverage of the trial. While the trial inevitably represents South Africa's "fall from grace" prompting international media accounts of "a country 'at war with itself'", South Africans are learning that such accounts are better told by themselves.
  • In his Business Day column published on 13 March 2014, Caxton Professor of Journalism at Wits University Anton Harber states that the trial represents a turning point for local newspapers unable to compete with "the speed and conversational nature of electronic media". He also notes that the fact that the presiding judge has "her finger on the off button for live broadcast" is restraining the behaviour of the media.
  • Several cartoons about the case by award-winning South African cartoonist Zapiro have been published. A cartoon titled "St. Valentine's Day Shocker" published in the Mail & Guardian on 14 February 2013 depicts two scenarios, one portraying the culpable homicide version of events based on mistaken identity and the other portraying Pistorius as an Oscar winning actor. A cartoon titled "Reeva Steenkamp as Lady Justice in Oscar Pistorius Trial" published in the The Times on 4 March 2014 depicts Steenkamp as Lady Justice running after Pistorius.

Radio, television, and film

  • On 11 March 2013, BBC Three aired an hour long documentary about the incident titled Oscar Pistorius: What Really Happened?. Discovery Networks International acquired the broadcasting rights to the programme, which will be titled Blade Runner: The Untold Story in the United States.
  • On 3 June 2013, Channel 5 aired two consecutive hour long documentaries titled Why Did Oscar Pistorius Kill Our Daughter? and Pistorius Trial: The Key Questions.
  • In February 2014 eNCA aired a half-hour documentary special about Steenkamp's life titled Reeva: The Model You Thought You Knew.
  • On 29 January 2014, it was announced that South African satellite pay-channel DStv would launch a 24-hour channel covering the Oscar Pistorius trial on 2 March 2014.
  • ESPN, a TV channel focussing on sports-related programming, is covering the trial on their ESPN3 network.

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