TSHWANE – The verdict in the murder case against Oscar Pistorius will be given from Thursday, September 11 2014
Starting on Thursday, Judge Thokozile Masipa will give the verdict in the murder case against the paralympic athlete who shot dead his girlfriend Reeva Steenkamp on Valentine’s Day last year.
The case has been on trial for more than forty days during which multiple witnesses testified and a wide spectrum of evidence was presented.
When considering whether an accused is guilty of committing a murder, the court has to be convinced beyond a reasonable doubt that the elements of this crime have been satisfied. The elements of murder require that the accused must have performed the intentional unlawful killing of another human being.
The scenario that presented itself on 14 February 2013 contained Oscar Pretorius shooting four gun shots through a closed bathroom door. The bullets from the gun hit Reeva Steenkamp in the head and killed her – a fact that was not denied by Pistorius.
However, Pistorius pleaded not guilty to the charge of murder and averred that not all of the elements of murder were present – his defence relies thereon that he fired the gun thinking that the person in the bathroom was an intruder.
OSCAR PISTORIUS’ DEFENCE UNDER THE SPOTLIGHT
The facts of 14 February involved the accused shooting at an intruder through a closed bathroom door with a 9mm pistol, the bullets fatally wounded Reeva Steenkamp and Oscar Pistorius is accused of murder.
After the prosecution made their case against paralympic athlete Oscar Pistorius, the Defence, led by Advocate Barry Roux, proceeded to elaborate upon the accuseds plead of not guilty.
Oscar Pistorius’ defence centres on his self-defence. He fired the shots while under the impression that the person behind the bathroom door was a threat to him and Reeva. This defence is called noodweer/self-defence and may rule-out the presence of unlawfulness on the part of the accused.
Self-defence will only be a successful defence if the requirements thereof have been met: self-defence can only be acknowledged where an imminent or ongoing attack is threatening you. If the attacker is not present anymore and not an active and immediate threat, self-defence will not be applicable with regards to your actions. Self-defence cannot be directed towards a third person.
It is furthermore regulated by common law that self-defence must adhere to the principle of reasonableness and that it must only be applied in the measure that it is necessary.
If Judge Thokozile Masipa finds that the defence averred by the accused is successful, Pretorius will not be guilty of murder.
This does not necessarily guarantee that Oscar Pistorius is a free man in as far as the murder charge is concerned, as guilt in terms of culpable homicide is a competent verdict on a murder charge.
www.lowvelder.co.za will provide a follow-up discussion on the alternative verdict of culpable homicide prior to the delivery of Judge Masipa’s verdict.
