Oscar Pistorius

[TomandJerry]

"However, a psychiatrists' report requested by the judge found the following, Judge Masipa recounts: "At the time of the alleged offences, the accused did not suffer from a mental disorder or a mental defect that affected his mental ability to distinguish between rightful or wrongful nature of his deed. A mental disorder or mental defect did not affect his ability to act."

Andrew Harding Africa correspondent tweets: Accused did not suffer from mental disorder, says Judge, quoting from report. So he knew right from wrong when he fired. #OscarPistorius

 

[TomandJerry]

"However, the state has argued that if Mr Pistorius had no intention to shoot anyone, he cannot use self-defence as a defence, the judge adds."

 

[Bold Seagull]

Not looking so good now...

 

[Uncle C]

Not looking so good now...

Surely that depends if you want him to be guilty or not.

 

[TomandJerry]

Not looking so good now...

Key moment: Judge has dismissed the idea that #OscarPistorius shot either by accident or before he knew what he was happening

 

[Bold Seagull]

Surely that depends if you want him to be guilty or not.

….for him now. Doesn't matter what I want.

 

[The Truth]

It looks like he is going down hard.

 

[TomandJerry]

The defence argued that the accused was suffering from enormous stress, and was under medication when he gave evidence, the judge says.
"This argument does not make sense," Judge Masipa says. "The accused's performance during examination in chief could not be faulted. It was only under cross examination that he contradicted himself and visible felt uncomfortable."

 

[Bold Seagull]

Key moment: Judge has dismissed the idea that #OscarPistorius shot either by accident or before he knew what he was happening

Getting into the real nitty gritty now. The absolute fundamentals. Why didn't he ask her did she hear the noise, why didn't she respond from the toilet?

 

[HawkTheSeagull]

He is in deep sh*t at the moment, only one thing is looking likely.

 

[TomandJerry]

#OscarPistorius initially composed, but lost composure under cross-examination, says Judge, rejecting defence explanation he was stressed.

However, "the conclusion that because a witness is untruthful, he is probably guilty, must be guided against, because a false statement does not always justify the most extreme conclusion", Judge Masipa says.

Judge asks why #OscarPistorius didn't check RSteenkamp's whereabouts. Says his version on this "makes no sense."

The deceased was killed under "very peculiar" circumstances, the judge says. It makes no sense that Ms Steenkamp did not hear Mr Pistorius scream "get out". The other question is why the accused fired not one, but four shots before he ran back to the room to try and find Ms Steenkamp, the judge says.

 

[TomandJerry]

"The state clearly has not proved beyond reasonable doubt that the accused is guilty of premeditated murder. There are just not enough facts to support such a finding," says Judge Masipa

In the charge of premeditated murder, the evidence is purely circumstantial, the judge says.

Timeline and chronology of events tip the scales in favour of the accused's version in general, saysJudge Masipa

 

[Worthingite]

Not enough evidence to support premeditated murder.... He's getting away with this.......

 

[TomandJerry]

Not enough evidence to support premeditated murder.... He's getting away with this.......

The judge could also find him guilty of culpable homicide, for which he would face a long jail term

 

[HawkTheSeagull]

Couldnt see him being guilty for premeditated murder, 2nd degree murder however - can see him being found guilty for that.

 

[KZNSeagull]

Not enough evidence to support premeditated murder.... He's getting away with this.......

Not necessarily. There is still Dolus Directus - the intention to kill without premeditation.

 

[TomandJerry]

"If there is any reasonable belief that his explanation is true, then he is entitled to his acquittal. The onus is on the state to prove beyond reasonable doubt that he is guilty of offence which he is charged," the judge added.

#OscarTrial so far, an acquittal has been ruled out (he had criminal capacity and putative ruled out), so has pre-med and direct intention.

 

[TomandJerry]

Breaking News Judge Thokozile Masipa has rejected the charge of premeditated murder at Oscar Pistorius' trial.

 

[Triggaaar]

"If there is any reasonable belief that his explanation is true, then he is entitled to his acquittal. The onus is on the state to prove beyond reasonable doubt that he is guilty of offence which he is charged," the judge added.

If it were UK law, even if Oscar's version was correct, then I wouldn't expect him to be acquitted - he admits to shooting his girlfriend, and his version of events is hardly an excuse.

 

[TomandJerry]

If it were UK law, even if Oscar's version was correct, then I wouldn't expect him to be acquitted - he admits to shooting his girlfriend, and his version of events is hardly an excuse.

#OscarTrial so far, an acquittal has been ruled out