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Thursday, 11 September 2014

Oscar Pistorius: 10 reasons why he is guilty – or innocent

Oscar Pistorius is on trial for the premeditated murder of his girlfriend Reeva Steenkamp. The state say he killed her deliberately after an argument; the athlete says he believed she was an intruder. The following are 10 reasons why the judge might find him guilty, or innocent

GUILTY
1) Five neighbours told the trial they heard a woman screaming before what they believed were shots fired, suggesting Pistorius knew who he was shooting.
2) Another neighbour heard a man and woman arguing for an hour before there was the sound of four loud bangs.
3) Steenkamp still had food in her stomach meaning, the state pathologist said, she ate within two hours of her death at 3am. Pistorius said they went to bed at 10pm, five hours before she died.
4) Steenkamp described in WhatsApp messages how she was "scared" of Pistorius and his temper; his ex-girlfriend Samantha Taylor testified that he had a bad temper and had fired his gun in anger once before.

5) During a shaky performance in the witness box, Pistorius changed his story and his defence from previous statements read at his bail hearing and the start of his trial; adding the last words he exchanged with Steenkamp and that he heard the lavatory door slam, and first saying he fired at an intruder, then that he fired by mistake.
Oscar Pistorius sits in the dock during his trial in Pretoria (Reuters)
6) On his account of challenging an intruder, Pistorius admitted he didn't check the sound he heard with his girlfriend lying awake next to him. Five couples living nearby told the court how their first reaction on hearing bangs, screams or cries was to verify what they heard with the person next to them.
7) The trigger of the gun Pistorius fired had to be pulled four separate times to fire the four shots, suggesting a conscious action.
8) He could not explain how he never heard or saw Steenkamp leave the bed to go to the lavatory moments before he started shooting into the door, despite her being just feet away from him.
9) Pistorius said Steenkamp never responded to his instructions to call the police, or made a sound as she hid in the lavatory. Prosecutor Gerrie Nel said this was "impossible" to believe.
10) Witness Dr Johan Stipp told the court he saw a light on in Pistorius' bathroom when he heard shots fired; the athlete said he was "too scared" to switch the lights on until after the shooting
INNOCENT
1) Pistorius had a heightened fear of intruders because his family had been victims of crime many times before, and this made him react more dramatically to a perceived threat.
2) The athlete felt especially vulnerable because he did not have his prosthetic legs on when he fired the shots. A psychologist said his reaction might seem “extraordinary” for an able-bodied person, but could be explained by his disability. The Paralympians’ team doctor said disabled people often exhibited more dramatic “fight-flight” responses, and Pistorius would have chosen to fight since he was unable to flee.
3) Pistorius suffered from a Generalised Anxiety Disorder, a psychiatrist who evaluated him found, which along with his disability may have made him react more extremely to a perceived threat.
4) Pistorius fought to save Steenkamp's life and was, witnesses said, distraught by what had happened.
5) The state presented scant evidence of the row they say prompted the shooting, through witness testimony or communication between the couple. The majority of Steenkamp's WhatsApp messages reflect that she was happy with the athlete. She also wrote him a Valentine's card in which she revealed she was in love with him.
Oscar Pistorius listens to evidence in court (AP)
6) Sound tests conducted by the defence showed Pistorius screamed like a woman when he was anxious, his lawyer Barry Roux said, explaining the "woman's screams" neighbours heard.
7) Both prosecution and defence accept there were two sets of bangs: the gunshots and Pistorius later breaking down the door with a cricket bat when he realised Steenkamp was in the lavatory. Sound tests suggested the two sounded very similar. The gunshots neighbours thought they heard might have been Pistorius breaking down the lavatory door.
8) Neighbours who heard a woman screaming only heard one set of bangs; the timings of phone calls to estate security made by those witnesses, and Pistorius' phone calls to the estate manager and friends after he broke down the door, suggest they didn't hear the gunshots, only Pistorius screaming for help and the second set of bangs from the cricket bat.
9) Police contaminated the crime scene by failing to wear protective clothing, moving key exhibits and walking over the lavatory door.
10) Prosecutors decided to charge Pistorius with premeditated murder when they believed he took time to put on his prosthetic legs before firing the fatal shots. State forensic experts later agreed with the defence assertion that Pistorius did not have his legs on when he fired the shots.

SOURCE: Daily Telegraph UK

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