Oscar Pistorius: The Sentence

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DEFENCE TO CALL 4 WITNESSES

Oscar Pistorius's lawyers intend calling four witnesses during the paralympian's sentencing proceedings in the High Court in Pretoria.

Judge Thokozile Masipa on Monday morning asked Barry Roux, for Pistorius, how many witnesses he would call.

He said three, which he did not expect to take long, and a fourth person from the correctional services department.

Masipa asked the same question of prosecutor Gerrie Nel.

"It's difficult to say My Lady, we can't anticipate what the defence will lead," he replied.

The first defence witness, Pistorius's therapist, psychologist Lore Hartzenberg then made her way to the stand, holding her bag and a bottle of water.

Four police tactical response officers were in court, two on either side of the judge's bench.

On September 12 Pistorius was found guilty of the culpable homicide of his girlfriend, model and law graduate Reeva Steenkamp, but not guilty of her murder.

Masipa found him guilty of discharging a firearm in public, when he shot from his friend Darren Fresco's Glock pistol under a table at Tasha's restaurant in Melrose Arch, Johannesburg, in January 2013.

Pistorius had claimed he thought there was a burglar in his toilet when he fired four shots through the locked door in the early hours of February 14 last year, killing Steenkamp. The State had argued he killed her during an argument.

Pistorius was found not guilty on two firearms-related charges -- illegal possession of ammunition, and shooting through the open sunroof of a car with his 9mm pistol while driving with friends in Modderfontein on September 30, 2012.


Source : Sapa /th/aa
Date : 13 Oct 2014 09:48
 
What is the worst that can happen at this stage? Can the judge change her verdict if OP's character that shows signs that he knew what he was doing etc.?
 
I DID NOT WANT TO TESTIFY: OSCAR PSYCHOLOGIST

Oscar Pistorius's psychologist Lore Hartzenburg did not want to testify in his murder trial, the High Court in Pretoria heard on Monday.

"My attitude on the outset was that I was Mr Pistorius's therapist and I was not going to get involved in the merits of the case," she said as Barry Roux, for Pistorius led her evidence.

She said she was recently approached by the defence to write a report, and after discussing it with Pistorius, she agreed.

Hartzenburg said she first met Pistorius on February 23, 2013 after the shooting of his girlfriend Reeva Steenkamp in his Pretoria home.

She said her sessions with Pistorius were daily, monthly and weekly, while some sessions were short and only lasted two hours.

"Initially it was very difficult... to have sessions with Mr Pistorius. He was very emotional. We couldn't conduct some of the sessions -- it was just him weeping and crying," she said.

"And then [in] other sessions we could make progress."

Hartzenburg said the sessions started as grief counselling, and went into trauma counselling.

She obtained her first degree in 1973 and did her PhD in cross-cultural trauma counselling in the context of domestic violence, in 2001.

"I'm considered an expert in sexual abuse... I also do general trauma counselling as well," she said.

The paralympic athlete was convicted of culpable homicide on September 12 for the Valentine's Day 2013, shooting of Steenkamp.

Judge Thokozile Masipa found the paralympian not guilty of murder, but convicted him of culpable homicide.

Pistorius shot Steenkamp through the locked door of the toilet, apparently thinking she was an intruder about to emerge and attack him.

She was hit in the hip, arm, and head.

Masipa said that there was no basis for the court to make the inference that Pistorius wanted to kill Steenkamp.

She said evidence showed that Pistorius acted negligently when he fired into the toilet door knowing there was someone behind it.

With regard to firearms-related charges, Masipa found Pistorius guilty of firing a Glock pistol belonging to his friend Darren Fresco under a table at Tasha's restaurant in Johannesburg in January 2013.

However, she found him not guilty of shooting through the open sunroof of a car with his 9mm pistol while driving with Fresco and ex-girlfriend Samantha Taylor in Modderfontein on September 30, 2012.


Source : Sapa /dm/aa
Date : 13 Oct 2014 10:00
 
PISTORIUS NOT HEALING: PSYCHOLOGIST

Negative media coverage of paralympian Oscar Pistorius's trial destroyed his attempts to heal from the trauma of Reeva Steenkamp's death, the High Court in Pretoria heard on Monday.

"His opportunity for healing was destroyed by the malevolent media reports and public comments," his psychologist Lore Hartzenberg testified for the defence during sentencing proceedings.

On September 12 Pistorius was found guilty of the culpable homicide of Steenkamp but not guilty of her murder.

Judge Thokozile Masipa found him guilty of discharging firearm in public, when he shot from his friend Darren Fresco's Glock pistol under a table at Tasha's restaurant in Melrose Arch, Johannesburg, in January 2013.

Pistorius had claimed he thought there was a burglar in his toilet when he fired four shots through the locked door in the early hours of February 14 last year, killing Steenkamp. The State had argued he killed her during an argument.

Reading from a prepared report, the pages of which seemed to tremble in her hands at times, a silver-haired and bespectacled Hartzenberg said Pistorius had still not reached acceptance and healing in his grieving process.

"His concern for Ms Steenkamp's parents was an unrelenting theme during therapy sessions."

She said Pistorius had been unable to apologise to the Steenkamps in person, and when he did so in public he was attacked.

"He felt he was damned if he did and damned if he didn't [apologise]," Hartzenberg said.

At this Steenkamp's mother June Steenkamp and a friend sitting next to her in the first row of the public gallery exchanged a look.

"We are left with a broken man who has lost everything," Hartzenberg said.

Pistorius was also found not guilty on two firearms-related charges --illegal possession of ammunition, and shooting through the open sunroof of a car with his 9mm pistol while driving with friends in Modderfontein on September 30, 2012.


Source : Sapa /th/aa
Date : 13 Oct 2014 10:17
 
PISTORIUS A BROKEN MAN: PSYCHOLOGIST

Oscar Pistorius is a broken man who lost everything and it is unlikely he will recover from the shooting of his girlfriend Reeva Steenkamp, the High Court in Pretoria heard on Monday.

"We are left with a broken man who has lost everything," his psychologist Lore Hartzenburg said.

"On an emotional level his self perception and self worth have been damaged. He is unlikely to recover from the shooting incident..."

She said he lost his career, his loving relationship with Steenkamp and some of his friends.

Hartzenburg said Pistorius felt isolated after the shooting -- at a time when he needed the support of friends the most.

Pistorius was humiliated in some instances and it had a profound effect on his identity, she testified.

"Mr Pistorius experienced himself as utterly worthless..."

The paralympic athlete was convicted of culpable homicide on September 12

for the Valentine's Day 2013, shooting of Steenkamp.

As Hartzenburg spoke on Monday, Pistorius sat in the dock looking down.

Steenkamp's parents, Barry and June sat looking at the psychologist as she spoke.

Hartzenburg told the court that Pistorius would not be able to escape the shooting after he was diagnosed with post traumatic stress disorder.

"The flashbacks and the re-experiencing of the shooting will be mental images that he will carry with him," she said.

"[They] will be part of his life until such time that healing has taken place."

Pistorius had a platform to make a difference for disabled people and that was also taken away.

Hartzenburg, who first met Pistorius on February 23, 2013 and had a first session with him two days later said he never lost his temper even when provoked by others or under cross-examination from the State during his trial.

She said she found him to be well-mannered and respectful even if he was irritated and frustrated at times.

"I can confirm his remorse...The healing process and closure is compromised by inaccurate facts," she said.

Prosecutor Gerrie Nel asked Hartzenburg if the Steenkamp family were broken.

She replied: "I have no doubt in my mind that the Steenkamp family must be suffering immense pain."

Nel responded: "I will lead evidence to indicate that Mr Steenkamp suffered a stroke."

Hartzenburg said she would accept that.

Nel said that June Steenkamp would "collapse on the floor crying" and said it was expected from a mother who lost her daughter.

Last month Judge Thokozile Masipa found Pistorius not guilty of murdering

Steenkamp in his Pretoria townhouse, but convicted him of culpable homicide.

Pistorius shot Steenkamp through the locked door of the toilet, apparently thinking she was an intruder about to emerge and attack him.

She was hit in the hip, arm, and head.

Masipa said that there was no basis for the court to make the inference that Pistorius wanted to kill Steenkamp.

She said evidence showed that Pistorius acted negligently when he fired into the toilet door knowing there was someone behind it.

With regard to firearms-related charges, Masipa found Pistorius guilty of firing a Glock pistol belonging to his friend Darren Fresco under a table at Tasha's restaurant in Johannesburg in January 2013.

However, she found him not guilty of shooting through the open sunroof of a car with his 9mm pistol while driving with Fresco and ex-girlfriend Samantha Taylor in Modderfontein on September 30, 2012.

Taylor was in court on Monday with her mother.


Source : Sapa /dm/aa
Date : 13 Oct 2014 10:31
 
OSCAR NEVER DISCUSSED RUNNING AGAIN

Oscar Pistorius never discussed returning to the track during therapy sessions after his girlfriend Reeva Steenkamp was shot dead, the High Court in Pretoria heard on Monday.

"He did not show any intention to continue with his career," his psychologist Lore Hartzenburg said under cross-examination from prosecutor Gerrie Nel.

"The severity and the degree of post traumatic stress disorder suffered by Mr Pistorius, we took one day at a time."

Nel asked if she, as a trauma counsellor, did not give the paralympian any hope for the future.

"I'm asking you why you did not discuss his continuing [of] his career," he asked.

She replied: "He did not want to discuss that. In sessions he was so tired that sessions could not take place."

She said Pistorius indicated that when the trial was over he wanted to go to Mozambique to work with children at his uncle's school.

Nel asked her if she knew that Pistorius resumed training.

She said she knew he ran one day because the media reported on it and that he trained in the gym.

On September 12, judge Thokozile Masipa found the paralympian not guilty of murdering Steenkamp, but convicted him of culpable homicide.

Pistorius shot Steenkamp through the locked door of a toilet in his Pretoria home on February 14 last year, apparently thinking she was an intruder about to emerge and attack him. She was hit in the hip, arm, and head.

Masipa said that there was no basis for the court to make the inference that Pistorius wanted to kill Steenkamp.

She said evidence showed that Pistorius acted negligently when he fired into the toilet door knowing there was someone behind it.

With regard to firearms-related charges, Masipa found Pistorius guilty of firing a Glock pistol belonging to his friend Darren Fresco under a table at Tasha's restaurant in Johannesburg in January 2013.

However, she found him not guilty of shooting through the open sunroof of a car with his 9mm pistol while driving with Fresco and ex-girlfriend Samantha Taylor in Modderfontein on September 30, 2012.


Source : Sapa /dm/aa
Date : 13 Oct 2014 10:43
 
NIGHTCLUB VISIT MAKES SENSE: PSYCHOLOGIST

Paralympian Oscar Pistorius's visit to a nightclub during his murder trial makes sense, the High Court in Pretoria heard on Monday.

"It's not what I would expect, but it falls within the criteria -- it could happen," Pistorius's psychologist Lore Hartzenberg testified during sentencing proceedings.

Cross-examining her, prosecutor Gerrie Nel asked if the nightclub visit, during a crucial stage of his trial, made sense.

"What are you looking for madam?" Nel asked the silver-haired psychologist as she ducked into the dock to retrieve something from her handbag at her feet.

She emerged with a tome, the Diagnostic and Statistical Manual of Mental Disorders V.

"In a state of hyper-arousal, to get away from the trauma, he would go out to try and get away from his own nightmares and feelings," she said.

She referred in the manual to the criteria for post traumatic stress disorder, which Pistorius had been diagnosed with. These included irritability and reckless and self-destructive behaviour.

On September 12 Pistorius was found guilty of the culpable homicide of his girlfriend, model and law graduate Reeva Steenkamp, but not guilty of her murder.

Judge Thokozile Masipa found him guilty of discharging a firearm in public, when he shot from his friend Darren Fresco's Glock pistol under a table at Tasha's restaurant in Melrose Arch, Johannesburg, in January 2013.

Pistorius had claimed he thought there was a burglar in his toilet, and that he heard a noise, when he fired four shots through the locked door in the early hours of February 14 last year, killing Steenkamp.

The State had argued he killed her during an argument.

Nel earlier questioned why Hartzenberg had not read the whole judgment, and her excuse that she was out of the country at the time.

"Don't you think it's irresponsible for a professional person giving evidence in sentencing not to have read the judgment?" Nel asked.

"I'm just here to give my clinical observations and impressions during therapy," she said.

Nel then attacked her claim, made in her report on Pistorius, that the athlete accepted he was "ultimately responsible for the death of Ms Steenkamp".

His voice becoming strident and clipped as he had to repeat himself after not being understood, Nel asked Hartzenberg: "Was his view still that he never intended firing the gun, when you spoke to him after the judgment?"

"The version I have is exactly what the evidence was," she said.

She explained that Pistorius heard sounds in his bathroom and toilet and fired the shots.

Pistorius was also found not guilty on two firearms-related charges --illegal possession of ammunition, and shooting through the open sunroof of a car with his 9mm pistol while driving with friends in Modderfontein on September 30, 2012.

The matter was adjourned as Nel said he needed to consult with someone.


Source : Sapa /th/aa
Date : 13 Oct 2014 11:15
 
What is the worst that can happen at this stage? Can the judge change her verdict if OP's character that shows signs that he knew what he was doing etc.?

No, she cannot.

However....

Any evidence entered now can be used if there's an appeal as it is "in court".
 
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