Oscar Pistorious, the former record breaking paralympian, was yesterday cleared of all murder charges he was facing. The former paralympian had been accused of murdering his girlfriend, the late Reeva Steenkamp. The track star had been charged with two counts of murder: premeditated murder and dolus eventualis.
The trial judge, lady justice Thokozile Masipa, in her judgement, observed that the prosecution had failed to prove the first count of premeditated murder beyond reasonable doubt. She stated that the state had failed to prove that the accused bore a guilty intent to murder his girlfriend, the late Reeva Steenkamp. The charge carried a maximum sentence of 25 years in jail.
The former track star was also acquitted of the lesser charge of dolus eventualis. The charge implies that one is responsible for the forseeable consequences of his actions. This means that it is enough to find an accused guilty of murder if it can be proved that the accused objectively foresaw the possibility of murder in his actions. The charge carries a maximum sentence of 15 years. The trial judge, in acquitting him of the charge, stated that "clearly he did not subjectively foresee this as a possibility that he would kill the person behind the door- let alone his girlfriend- as he thought she was in the bedroom."
Oscar Pistorious was also cleared of two of the three firearm charges he stood accused of. He was acquitted of the first count of illegal possession of ammunition. Pistorious was found having .38 caliber bullets which were not licensed. The charge carries a maximum sentence of 15 years in jail. He also stood accused of two counts of discharging a firearm in public: at Tasha's restaurant in Cape Town in January 2013 and through the roof of his car in 2012 with then girlfriend Samantha Taylor. He was acquitted of the third count and found guilty of the second. Both carry a maximum 5 year sentence, but being a first time offender, Pistorious could be handed a light fine for the firearm charge.
The state would appeal both murder acquittals.
