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Thursday, 11 September 2014

LIVE NEWS: Oscar Pistorius trial: Judge questions witness reliability

LIVE: Judge Thokosile Masipa gives her verdict at the murder trial of Oscar Pistorius
The judge in the Oscar Pistorius trial has questioned the reliability of several witnesses in court, as she delivers her verdict on the athlete.

Judge Thokozile Masipa said humans were fallible, and may not have heard gunshots or screaming as they thought.

Correspondents say this casts doubt on a key prosecution argument.

The South African Olympic sprinter denies murdering Ms Steenkamp on Valentine's Day last year, saying he thought there was an intruder.

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

Mr Pistorius, 27, has pleaded not guilty to all the charges he faces, including two counts of shooting a firearm in public and the illegal possession of ammunition.

'Insignificant' evidence

Judge Thokosile Masipa began by detailing the charges against the athlete and repeating extracts of his testimony, reading in a slow, measured way.

She then moved on to a summary of the trial.

A tense-looking Mr Pistorius looked on from the dock, and then began to weep.

Judge Masipa said that defence claims that police contaminated evidence and removed items from the crime scene "paled into insignificance".

But she questioned the reliability of several witnesses who apparently heard screams and gunshots at the time of the incident, saying most of those who said they had heard the incident had "got facts wrong".

The judge also said that the court would not make inferences about the state of the relationship between Mr Pistorius and Ms Steenkamp. The prosecution has suggested that it was "on the rocks".

The BBC's Andrew Harding says the court is witnessing Judge Masipa's logic and style - gentle, tolerant of error from witnesses, but razor sharp.

And he says that her conclusion that the state had not contradicted Mr Pistorius's version - that it was he who had screamed - suggests that a premeditated murder verdict is unlikely.

Correspondents say the judge appeared to be moving much more quickly than expected through the evidence, in a process which had been expected take hours or even days.

During his closing remarks last month, his lawyer Barry Roux conceded that the athlete should be found guilty of negligence for discharging a firearm in a restaurant - which carries a maximum penalty of five years.

Media caption
Mr Pistorius wept as South African Judge Thokosile Masipa recounted what happened on 14 February 2013
Possible scenarios
VerdictWhat it meansSentence
Premeditated murderIntended and planned to unlawfully kill Reeva Steenkamp, or an intruderMandatory life term - 25 years before parole
Common-law murderUnlawfully intended to kill in the heat of the moment but without "malice aforethought". Either: Shot door intending to kill, or knew someone might be killed and still fired gunMinimum of 15 years up to 20 years, at judge's discretion
Culpable homicide (manslaughter)No intention to kill. Takes into account disability, but actions negligent and not in keeping with a reasonable personMaximum of 15 years, possibly between seven and 10 years
Discharging a firearm in publicTwo counts for allegedly firing a gun through a car sunroof and discharging a gun at a restaurantA fine or up to five years - for each charge
Illegal possession of ammunitionIn possession of .38 bullets for which he has no licenceA fine or up to 15 years
Most of the trial, which began on 3 March 2014, has been televised and attracted worldwide attention.

Before the fatal shooting, the 27-year-old athlete was feted in South Africa and known as the "blade runner".

He had won gold at the London 2012 Paralympic Games and also competed at the Olympics.


Oscar Pistorius began to weep as the judge read her verdict

In 2012, Oscar Pistorius made history by becoming the first double amputee to run in the Olympic Games

The athlete and Reeva Steenkamp had been dating for three months before the fatal shooting
The judgement at his trial is likely to be well over 100 pages. The judge is going through each charge, summing up the prosecution and defence cases and analysing the evidence.

Ms Steenkamp, a 29-year-old model and law graduate, was hit three times by bullets shot through a toilet door by Mr Pistorius at his home in the capital, Pretoria, in the early hours of 14 February 2013.

Media caption
The BBC's Andrew Harding has gained access to the house where the shooting took place
He denies the prosecution's allegation that the couple - who had been dating for three months - had rowed.

The athlete said he thought she was still in the bedroom when he heard a noise in the bathroom, which he believed to be an intruder.

The prosecution have tried to characterise Mr Pistorius as a "hothead", while his defence team have portrayed him as having a heightened response to perceived danger because of his disability and background.

In July, a psychiatric report requested by the judge said Mr Pistorius had post-traumatic stress disorder but no mental illness that could prevent him being held criminally responsible for his actions.
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