With Oscar Pistorius’s sentencing scheduled for 13 October to 16 October, the debate about presiding Judge Thokozile Masipa’s culpable homicide verdict continues.
Since finding him not guilty of murder on 11 September, South Africa – and the world at large – has been rather vocal about Masipa’s judgement, with Donald Trump reportedly going as far as calling her ‘a moron’.
Although the verdict may have taken the world by surprise, local attorney Martin Venter says there may still be more twists and turns, as the case is nowhere near its end.
Masipa had just over a month to analyse the arguments from the blade runner’s defence and the State in what could arguably be described as the most spellbinding case in the country, a task that was not a one-man-mission.
“The judge (and her assessors) has gone through all the facts and evidence presented and, after careful consideration, has reached a conclusion,” Venter said.
He said the judgement was delivered based on the presented charge – premeditated murder – which Judge Masipa felt was ‘not proved beyond reasonable doubt’ by State advocate Gerrie Nel and his team.
“The charge was premeditated murder. The judge could have given a competent verdict on either premeditated murder, murder or culpable homicide. A verdict on the murder-related charges would have meant that Oscar Pistorius had intentionally killed Reeva Steenkamp. The judge has however, ruled that after considering all the facts and evidence, he had negligently caused her death by finding him guilty of culpable homicide,” Venter informed.
“There is no ‘one-size-fits-all’ answer, as the circumstances and evidence in every case are different,” he added, commenting on the complexity of giving judgement.
Asked whether Pistorius is likely to serve time in prison or to be sentenced to community service, Venter said the question of an appropriate sentence for a convicted person is a highly contested and debatable issue.
“There are various possibilities in the Pistorius case – direct imprisonment, imprisonment partly or wholly suspended or a period of correctional supervision coupled with community service. There are other possibilities as well.”
He said it is very difficult to make a prediction.
“The judge will only make a decision on this, after both the legal teams have presented their respective submissions on this aspect,” Venter added.
He informed that both the State and Oscar Pistorius’ lawyers can still lodge an appeal against the judge’s decision, although he reckons it is highly doubtful that Pistorius’ lawyers will do that.
“Both parties will also be entitled to lodge an appeal if any of them isn’t happy with the sentence handed down by the judge,” said Venter.
