Pistorius not guilty of murder, judge rules; culpable homicide finding possible

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Pistorius not guilty of murder, judge rules; culpable homicide finding possible

Athlete could still face prison if convicted of culpable homicide over death of his girlfriend

PUBLISHED : Thursday, 11 September, 2014, 5:16pm
UPDATED : Friday, 12 September, 2014, 3:26am

Associated Press in Pretoria

Oscar Pistorius stands in the dock in Pretoria's High Court. Photo: AP

The judge in Oscar Pistorius' murder trial yesterday ruled 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 had not proved beyond reasonable doubt that Pistorius, 27, was guilty of premeditated murder. However, she left open the possibility of a verdict of culpable homicide, saying it would be a "competent" verdict.

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Masipa did not deliver any formal verdict in the death of Steenkamp, 29, before adjourning the hearing until today.

Culpable homicide refers to a negligent killing. Pistorius could still be sent to jail for years if it is found that he acted negligently. He has admitted firing the four shots that killed Steenkamp, a model, on Valentine's Day last year.

Pistorius says he mistook his girlfriend for an intruder and killed her accidentally. The prosecution alleges he intentionally killed her after a loud argument, which was heard by neighbours.

Judge Thokozile Masipa described Pistorius as a very poor witness. Photo: EPA

Masipa said there were "just not enough facts" to support the finding of premeditated murder. As she spoke, Pistorius wept quietly, his shoulders shaking as he sat on a wooden bench.

Masipa proceeded to explain her assessment of the testimonies of all of the 37 witnesses.

She described 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.

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.

Masipa also said she was disregarding text messages between the two. Prosecutors had submitted text messages that showed tension between them while the defence submitted messages that indicated mutual affection. That evidence, the judge said, proved nothing.

"Normal relationships are dynamic and unpredictable most of the time, while human beings are fickle," she said.

Pistorius weeps in the dock after he was cleared of all murder charges. Photo: AP

Pistorius could be acquitted if Masipa believes he made a tragic error when he shot Steenkamp through a toilet door in his home in the pre-dawn hours of February 14, 2013 and acted reasonably.

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 metres away in their homes could have differentiated between the screams of a man or a woman.

If Pistorius is convicted on any charge, sentencing is likely to be postponed until a later hearing.