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.
Pistorius who is currently under
house arrest after spending one year of his original five-year sentence in jail
would now have to return to court to be re-sentenced, for murder as the South
Africa's Supreme Court of Appeal ruled that the lower court did not correctly
apply the rule of dolus eventualis -
whether Pistorius knew that a death would be a likely result of his actions.
The panel of appeal judges described the case as “a human tragedy of Shakespearean proportions” in their written
judgement. Reading the unanimous ruling reached by the five judges, Justice Eric Leach said that having
armed himself with a high-calibre weapon, Pistorius must have foreseen that
whoever was behind the door might die, especially given his firearms training. “As a matter of common sense at the time the
fatal shots were fired, the possibility of the death of the person behind the
door was clearly an obvious result and in firing not one but four shots, such a
result became even more likely” the judge said. Pistorius always maintained
that he believed there was an intruder in the house but the judge said that the
identity of the person behind the door was “irrelevant
to his guilt” as justice Leach compared it to someone setting off a bomb in
a public place not knowing who the victims might be.
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 just less than two months after he was placed under house arrest. The date
for his sentence hasn’t been fixed yet but it will be next year. The minimum
sentence for murder is 15 years, but the judge does have the discretion to
lower it. Pistorius can challenge the
ruling in the constitutional court but only if his lawyers can argue that his
constitutional rights have been violated but his family gave a brief response,
saying lawyers are studying the finding who will advise them on “options going forward”.
Pistorius, a six-time Paralympics gold medalist whose legs were amputated
below the knee as a baby, made history by becoming the first amputee sprinter
to compete at the Olympics, in 2012, running on prosthetic “blades”.
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