Categories: Courts

Experts share their thought on Oscar Pistorius

Below is a compilation of quotes from legal experts on what to expect.

Wits School of Law Professor Stephen Tuson:

“If he [Pistorius] is convicted of murder in circumstances under which the murder was premeditated there is a mandatory sentence of life imprisonment, unless the court finds substantial and compelling reasons why it should deviate from the mandatory sentence.

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“For murder there is no prescribed sentence, and depending on his personal circumstances and the seriousness of the offence the court could sentence him to anything from life imprisonment to a wholly suspended sentence,” he said.

Senior lecturer at the University of Cape Town, Kelly Phelps:

“To be very clear the only opinions that really count are those of the judge and assessors,” she said.

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“The case of premeditation is almost entirely based on the evidence of a single [State] witness, Estelle van Der Merwe who said she heard the voices of a man and woman between 1am and 2am that sounded like an argument.

“I think there is a good chance on the basis of the heads [of argument] that they [the defence] have met that evidential burden and highlighted holes in the State case.

“If convicted of murder I think it is unlikely he would get life in prison, only premeditated murder would trigger a potential life sentence and even then there are mitigating circumstances that a court considers before issuing the life sentence.”

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Lawyer with the Bridge Group, Mannie Witz:

“I don’t think the State have [a strong] enough case for premeditated murder. There is no definition of premeditated murder in South Africa so you go to case law and see if it is murder with a degree of planning.

“I don’t think if they have enough evidence except that there was a witness who said she heard shouting before the time.

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“The defence argued very well, but I don’t know if their evidence will stand up. Their client let them down because he was not a good witness.”

Defence lawyer William Booth:

“I think there is quite a significant risk that Oscar could be convicted of murdering the intruder.

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“He could have fired a warning shot. On the other version, even if the court finds that is acceptable,… I think he is going to have a problem.

“The majority of the evidence from the defence was possibly a smokescreen. You don’t call witnesses if there is not a reason.”

Sapa

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By Citizen Reporter