Other High Profile Cases and Persons of Interest > Oscar Pistorius and the killing of girlfriend Reeva Steenkamp.

Supreme Court finds Oscar Pistorius guilty of murdering Reeva Steenkamp

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Holly Goodhead:
Oscar Pistorius guilty of murdering Reeva Steenkamp

http://www.bbc.co.uk/news/world-africa-34993002

16

Admin:
Confirmed: Oscar Pistorius verdict changed to murder

3 December 2015



Olympic athlete Oscar Pistorius has been found guilty of murder after a South African appeals court overturned an earlier manslaughter verdict.

Pistorius killed his girlfriend Reeva Steenkamp in February 2013 after shooting four times through a locked toilet door.

He is currently under house arrest after spending one year of his original five-year sentence in jail.

Pistorius will have to return to court to be re-sentenced, for murder.

It took Judge Eric Leach 53 minutes to read out his ruling that, for Oscar Pistorius, changed everything.

He praised Judge Masipa’s handling of the original case, acknowledging the difficulties posed by the “glare of international attention.” But his judgement, unfortunately, excoriated her assessment of the case, and her application of the complex law of “dolus eventualis.”

In short, it was her assessment that Oscar Pistorius did not foresee the likely consequences of his actions, though he should have done.

In the view of the Supreme Court, Pistorius, “Gambled with the life of the person behind the bathroom door and that he must have foreseen death.”

It will now fall to Judge Masipa to apply a new sentence. Guidelines indicate a minimum of 15 years imprisonment, minus time already served. But less can be applied if there are compelling factors.

The minimum sentence for murder in South Africa is 15 years, but judges can apply some discretion.

South African law does not make provision for someone to be placed under house arrest for more than five years, so Pistorius will be going back to prison, reports the BBC's Pumza Fihlani in Johannesburg.

More...    www.bbc.co.uk/news/world-africa-34993002

http://news.sky.com/story/1599031/oscar-pistorius-conviction-changed-to-murder

www.independent.co.uk/news/people/oscar-pistorius-guilty-of-reeva-steenkamp-murder-a6758386.html

Anna:
Thanks Admin. I missed that one. Got him!

John:
Thank you for the video link Anna.

Lady Judge Masipa's logic was certainly flawed when she arrived at her judgement.   Pistorius was intent upon murder regardless of who was behind that toilet door, the fact that it was Reeva was neither here nor there. I always knew he didn't have a leg to stand on. ?{)(**

Justice has been done at last, three cheers for SA justice at least in this case. 



Supreme Court of Appeal Judge Eric Leach.

John:
BLOEMFONTEIN – On Thursday 3 December 2015 the Supreme Court of Appeal ruled that Oscar Pistorius should have been found guilty of murdering Reeva Steenkamp.

In November, prosecutors said Pistorius should be convicted of murder and sent back to jail, while the defence argued that the sentence the athlete had received was appropriate and should stand.

These are the judges of the Supreme Court of Appeal who decided his fate:

Judge President Lex Mpati
Born: 5 September 1949, Durban
Education: LLB Rhodes University 1983
Previous positions;
Deputy President, Supreme Court of Appeal: 1 January 2003 – 14 August 2008
Acting Judge, Constitutional Court: 1 June 2007 – 30 November 2007

Nonkosi Mhlanthla
Born: 2 May 1964, Port Elizabeth
Education: B Proc (1987) University of the North, Limpopo
Previous positions:
Judge of Appeal, Supreme Court of Appeal: 2009
Acting Judge, Constitutional Court, 2012

Eric Leach
Born: 17 August 1952, Port Elizabeth
Education: LLB (1974) Pietermartizburg, Natal
Previous positions:
Acting Judge, Supreme Court of Appeal: 2008
Judge of Appeal, Supreme Court of Appeal: 2009

Steven Majiedt
Born: 18 December 1960, Kenhardt, Northern Cape
Education: LLB (1983) University of the Western Cape
Previous positions:
Judge, High Court, Kimberley: 2000 – 2010
Judge of Appeal, Supreme Court of Appeal: December 2010

Elizabeth Baartman (Acting judge)
Education: LLB (1986) University of the Western Cape
Previous positions:
Head of Cape Town and Family and Divorce Court
Judge, Western Cape High Court

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