Pretoria – A reasonable person would not have fired four times into a toilet cubicle, the North Gauteng High Court in Pretoria heard during judgment in Oscar Pistorius’s trial.

“I am not persuaded that a reasonable person with his disability would have fired four shots into a small toilet cubicle,” Judge Thokozile Masipa read from her judgment.

Pistorius is accused of murdering his girlfriend Reeva Steenkamp in his Pretoria townhouse on Valentine’s Day last year. He shot her through the locked door of his toilet, apparently thinking she was an intruder about to emerge and attack him. She was hit in the hip, arm, and head.

Masipa agreed with the defence’s submission that Pistorius’s conduct could be better understood in the context of growing up in a society plagued by crime, and with a mother who was paranoid about crime.

“But that does not excuse the conduct of the accused,” she said.

Pistorius had other means to deal with what he perceived as a threat.

When he heard his bedroom window slide open, leading him to believe an intruder was coming in, he could have called security or shouted for help from his bedroom balcony.

“There is no explanation why he did not do so before going into the bathroom with a loaded gun,” she said.

Prosecutor Gerrie Nel sat quietly in his chair listening to Masipa.

Had Pistorius woken up and seen a silhouette hovering next to his bed, he would have been justified in immediately reaching for his gun, Masipa said.

“The accused had reasonable time to think,” she said.

She was dealing with the question of whether Pistorius was negligent in his conduct. The test for this is what a reasonable person in the same situation would have done.

Masipa adjourned proceedings at 14:30. Judgment would continue on Friday.

The Paralympian also faces three charges of contravening the Firearms Control Act – one of illegal possession of ammunition and two of discharging a firearm in public.

He allegedly fired a shot from a Glock pistol under a table at a Johannesburg restaurant in January 2013.

On 30 September 2012 he allegedly shot through the open sunroof of a car with his 9mm pistol while driving with friends in Modderfontein.

SAPA

Pretoria – In a lengthy verdict phase climaxing Oscar Pistorius’s trial, the judge said on Thursday he can’t be found guilty of murder but that he was negligent in the shooting death of girlfriend Reeva Steenkamp, raising the possibility he’ll be convicted of culpable homicide.

Judge Thokozile Masipa said she felt the Paralympian acted negligently when he fatally shot Steenkamp through a toilet door in his home in the predawn hours of Valentine’s Day last year.

In a moment of high-drama, she then stopped reading out her judgment in the six-month-long trial and adjourned until Friday. A formal judgment in the case that has riveted much of the world is expected on Friday.

If Pistorius is acquitted of murder, he could still be sent to jail for years if convicted of culpable homicide.

While the judge did not announce a verdict, she said the prosecution had not proven beyond a reasonable doubt that Pistorius committed premeditated murder. She also ruled out a lesser murder charge, but said Pistorius may be vulnerable to being convicted of culpable homicide – in other words a negligent killing.

“I am of the view that the accused acted too hastily and with excessive force,” Masipa said of Pistorius’s actions on the fatal night last year.

Pistorius has acknowledged firing four shots through a toilet door in his home, hitting Steenkamp in the head, arm and hip area and killing her. He says he mistook her for an intruder. The prosecution alleges the athlete intentionally killed his girlfriend, a model and budding reality TV star, after a loud argument, which was heard by neighbours.

Culpable homicide

Culpable homicide normally carries a five-year jail sentence when a firearm is used, but it can be changed by a judge depending on the specific circumstances of the killing.

“Culpable homicide is a competent verdict,” the judge said.

Masipa said there were “just not enough facts” to support the finding of premeditated murder in Steenkamp’s fatal shooting.

As the judge spoke, Pistorius wept quietly, his shoulders shaking as he sat on a wooden bench.

Masipa earlier told Pistorius, 27, he could remain seated on the bench while she read her verdict out and until she asked him to stand for the judgment.

Masipa described Pistorius as a “very poor witness” who had lost his composure on the stand and was at times “evasive”, but she emphasised that did not mean he was guilty of murder.

Earlier, the 66-year-old judge cast doubt on witness accounts of hearing a woman’s screams, a key part of the prosecution’s case.

Masipa said “none of the witnesses had ever heard the accused cry or scream, let alone when he was anxious”, apparently acknowledging the possibility of the defence’s argument that Pistorius had been the person screaming in a high-pitched voice after discovering he had fatally shot Steenkamp.

‘Human beings are fickle’

Masipa also cited testimony of an acoustics expert called by the defence, saying it cast “serious doubt” on whether witnesses who were hundreds of metres away in their homes – as some state witnesses were – could have differentiated between the screams of a man or a woman.

At one point, Masipa said: “I continue to explain why most witnesses got their facts wrong.”

Masipa also said she was disregarding text messages between Steenkamp and Pistorius that had been entered as evidence. Prosecutors had submitted text messages that showed tension between them while the defence submitted messages that indicated mutual affection. That evidence, the judge said, doesn’t prove anything.

“Normal relationships are dynamic and unpredictable most of the time, while human beings are fickle,” she said.

Pistorius faced 25 years to life in prison if convicted of premeditated murder for fatally shooting Steenkamp. He also faced years in jail if found guilty of murder without pre-planning, or of negligent killing. Pistorius could also be acquitted if Masipa believes he made a tragic error and acted reasonably.

Earlier, Masipa began by outlining in detail the four charges against the Olympic runner: Murder, two counts of unlawfully firing a gun in a public place in unrelated incidents and one count of illegal possession of ammunition.

Before the session began, Pistorius hugged his brother Carl, who was seated in a wheelchair because of injuries suffered in a recent car crash.

The parents of Steenkamp were also in the packed gallery. Other members of Pistorius’ family, including his father Henke, sat behind him.

If Pistorius is convicted on any charge, the case will likely be postponed until a later sentencing hearing.

AP

MEC Masike to bid farewell to 126 medical bursary recipients

North West Health MEC, Dr. Magome Masike will bid farewell to 126 young people awarded bursaries to study medicine in Cuba. The South Africa-Cuba Medical Programme was introduced in 1998 to address shortage of medical professionals in health facilities.

The candidates were selected on the basis of academic excellence and commitment to serve the poorest communities upon completion of their studies. Other criteria included a history of active involvement in their communities, and the potential to be a dedicated and caring doctor. Priority was given to students from disadvantaged communities.

The North West province increased Cuban medical bursary recipients from 10 in 2008 to 180 in 2013.

The farewell function will held on Saturday at Mmabatho Convention Center.
-TDN
Follow us on Twitter@Taung_DailyNews or @IceT_

By Obakeng Maje
Kimberley- Police are investigating a case of murder, in which Jan Lang was stabbed and killed with a knife, Northern Cape lieutenant Olebogeng Tawana said.

The incident happened on 30 October 2010.

“It is alleged that Lang and unknown male suspect had an argument on the Main Road in Beaconsfield, near Kimberley and as the result of that, he drew out a knife and stabbed the deceased” Tawana said.

The suspect ran away from the scene of crime after the incident.

“We are appealing to any person who might have witnessed the incident to contact Detective Warrant Officer Marcus Mafaro on 053 8384 208/079 5047 011” he said.   

Your eyewitness information can be valuable information to resolve this case.
-TDN
Follow us on Twitter@Taung_DailyNews or @IceT_

Bafana Bafana coach Shakes Mashaba has hinted at the possibility that Senzo Meyiwa may take over the national team captaincy on a permanent basis from Itumeleng Khune.

Meyiwa was appointed interim skipper for the recent Africa Cup of Nations qualifiers against Sudan and Nigeria in Khune’s injury-enforced absence.
For more http://www.kickoff.com

Kaizer Chiefs speedy winger Mandla Masango has been officially named the Absa Premiership Player of the month, by the Premier Soccer League.  

In a media conference held at the Kaizer Chiefs head-quarters in Naturena, Johannesburg, the 25-year-old winger was awarded the Player of the Month award, along with his coach Stuart Baxter, who was named the Coach of the Month.

Police have denied claims that a serial killer is on the prowl in Mamelodi East in Pretoria.

This came after the charred body of woman was discovered at a dumping site in the area yesterday.
For more http://www.thenewage.co.za