Oscar back behind bars
The athlete would spend at least half of his new six-year prison sentence behind bars.
Murderer Oscar Pistorius would spend at least half of his new six-year prison sentence behind bars.
This was the word from instructing defence attorney Andrew Fawcett after Pistorius was sentenced in the High Court in Pretoria on Wednesday.
He told reporters the paralympian would have to serve between half and two-thirds of his new sentence before he could apply for parole.
The athlete would abide by the sentence and would not be appealing, said Fawcett.
Pistorius walked around the dock to hug his family after Judge Thokozile Masipa handed down sentence.
Masipa said the athlete had already served a sentence for the his culpable homicide conviction in 2014.
She concluded it seemed clear Pistorius could be rehabilitated as he successfully followed previous rehabilitation programmes.
“What is to be considered is that he has already spent time in prison to serve the original sentence of culpable homicide,” she said.
“I have considered the evidence in this matter, submissions and arguments from the council. I believe long term imprisonment will not serve justice in this matter.”
His initial culpable homicide conviction for killing his girlfriend Reeva Steenkamp in February 2013 has been turned into one of murder by the Supreme Court of Appeal.
Masipa’s sentencing judgment was based on evidence presented by defence and State witnesses during the sentencing proceedings last month.
She said the mitigating factors in the case outweighed the aggravating ones.
Sufficient grounds existed to deviate from the prescribed sentence for murder.
She rejected the State’s argument that Pistorius had showed no remorse, stating that he apologised to the Steenkamp family.
“The accused apologised to the family of the deceased at commencement of the proceedings. This public apology could have been used as a ploy for public sympathy had he not tried to previously attempt to apologise for the pain he has cost them.”
Masipa said Pistorius was already judged by the public based on perception and not the facts presented in court.
She said there was a misconception on the circumstances in this case.
No evidence was presented to back up public opinion that an argument took place before the killing.
“Our courts are courts of law and not of public opinion. I expect to adjudicate matters without fear, favour and prejudice. Public opinion is allowed but cannot play a role in the decision of the court,” the judge said.
“The incident was in public interest as the couple were public figures. Society has the right to set expectations for justice but they must be legitimate. Expectations cannot be legitimate if based on wrong perceptions.”
The athlete, expressionless, immediately left the court room after sentencing was delievered, leaving emotional and tearful family members behind.
His fans broke down as they watched their hero say goodbye to them before walking down to police vehicles that would take him to prison.
Pistorius will return to the Kgosi Mampuru II prison after he was released under correctional supervision in 2014.
Masipa said she believed rehabilitation and recovery was possible for the athlete depending on his attitude to the punishment imposed on him.
“The purpose of sentencing is rehabilitation and retribution. The court is obliged to consider that the accused successfully completed the rehabilitation programmes. He is a good candidate for rehabilitation.”
At the time of going to print, the National Prosecuting Authority (NPA) had not commented on the sentence.
Some legal experts and several social media users have described the sentence as “on the lenient side”.
The NPA has 14 days to decide if it would appeal the sentence.
Also read:
Pistorius sentenced to 6 years imprisonment
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