Oscar Pistorius not guilty of murder

By Nompumelelo Kubheka

Olympic and Paralympic athlete, Oscar Pistorius has been convicted with culpable homicide and not murder for shooting and killing Reeva Steenkamp believing she was an intruder on last Valentine’s day last year.

The 29 year old model locked herself in the toilet to escape from the dangerous Pistorius after they had an argument before she was killed according to prosecutor, Gerrie Nel.

However Judge Thokozile Masipa does not think that is the case. She says Nel failed to provide evidence to the state that Oscar intended to kill Steenkamp. The fact that Reeva locked herself in the bathroom at 3am in her boyfriend’s house where there were only two of them or that neighbors heard woman screams is not enough.

It is culpable homicide according to a unanimous decision taken by the state. Pistorius intended not to kill Steenkamp.

So what is culpable homicide?

South African lawblog says,” murder requires intention, whereas culpable homicide requires negligence. “

According to Richard Charif’s Criminal Law “Whoever causes death by doing an act with the intention of causing death or with the intention of causing such bodily injury as is likely to cause death, or with commits the offense of culpable homicide.”

Oscar might get a sentence ranging from a fine or 15 years in jail, though a shorter jail sentence of perhaps five years is considered more likely.

Richard Charif in his Criminal law further states whoever commits culpable homicide shall be punished with imprisonment, if not a death sentence or a life in jail, of either description of a term which may be extended to many years or with fine.

Considering the South African law and that a death sentence was abolished in South Africa and that Oscar Pistorius has money if asked for a fine he is likely to get away for taking Steenkamp’s life.

South Africans are not happy about Masipa’s verdict. 70% on news24 had predicted that the accused would be found guilty of murder.

SA Comedian, Trevor Noah, even voiced his thoughts on twitter by comparing Oscar’s verdict to that of SA rapper, Jub Jub. He said “Jub Jub raced a car while he was high and was found guilty of murder, Oscar fetched a gun but he gets less time in jail” therefore, “if you’re going to kill someone in SA use a gun and not a Mini Cooper.”

Pistorius was found not guilty of premeditated murder. He was also found not guilty of firing a shot through an open sunroof and for the illegal possession of ammunition, but was found guilty of firing a shot in a Johannesburg restaurant in 2013.

Oscar will go back to court on the 13 October for a sentencing hearing. While the nation mourns with the Steenkamp family, South Africans will sit and await a month longer before Pistorius meets his fate. There is little hope that justice will be practiced.