Oscar Pistorius: The Sentence

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PROBATION OFFICER RECOMMENDS HOUSE ARREST

Paralympian Oscar Pistorius should get three years of correctional supervision for killing his girlfriend Reeva Steenkamp, a probation officer told the High Court in Pretoria on Tuesday.

"Correctional supervision offers punishment with a high penal value... it is not a light punishment," Annette Vergeer said to questioning from Barry Roux, for Pistorius.

As she rapidly read through her report, Steenkamp's cousin Kim Martins sat in the public gallery crying.

Vergeer said a prison environment was not suitable for someone with Pistorius's disability. He would have to walk on hard cement floors on his stumps, there were no baths, and no hand rails in the showers for him.

"It will only have a negative impact and in fact place him in danger. It will not assist him, it will break him," she said of a prison sentence.

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

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.

Vergeer said Pistorius was still fairly young, a first offender, and had repeatedly shown remorse and accepted responsibility for his actions.

"The accused does not appear to be such a danger to society that he should be removed."

Masipa also found Pistorius 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 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 : 14 Oct 2014 12:16
 
PRISON WILL "BREAK" OSCAR

Prison will "break" Oscar Pistorius because it leaves physically disabled people vulnerable, the High Court in Pretoria heard on Tuesday.

"The exposure of the accused to the inmates on his stumps will have severe negative effects on the accused," probation officer and social worker Annette Vergeer said.

"It will only have a negative impact and in fact place him in danger. It will not assist him, it will break him."

She said Pistorius would find it difficult to walk on cement and slippery floors in prison.

Vergeer said condoms were freely available in prisons, while sodomy and rape in the overcrowded prisons in South Africa were common knowledge.

"One of the main problems is that the prison environment is not conducive to therapy," she said.

"Psychological treatment in the prison will be negative... It will break him further."

She said prisons did not have the facilities to provide therapy because statistics showed that 62 percent of inmates did not have access to social workers.

Making recommendations, Vergeer said that if the court decided to fine Pistorius it should be "incorporated to address the seriousness of the defence".

Correctional supervision is a strict sentence and sentencing should play a major role in the prevention of future crimes, said Vergeer.

"It is recommended that the accused be placed under house arrest for the duration of the sentence," she said

"No specific sentence option was suggested... Sentencing is left in the hands of the court."

Vergeer said Pistorius was carrying a "heavy load" for the death of his girlfriend Reeva Steenkamp and that he would continue to carry the load for the rest of his life.

She said the media coverage of his case contributed to his exposure.

"Sentence as direct imprisonment will severely impact on the accused as a person," she said.

"He does not appear to be such a danger to society that he should be removed... The impact of the death of the deceased has been a far worse on him..."

Barry Roux, for Pistorius, led Vergeer as she gave evidence in the athlete's sentencing procedures.

As Vergeer spoke, Steenkamp's cousin Kim Martins sat in the private gallery wiping away tears and shaking her head.

Steenkamp's parents Barry and June sat looking at Vergeer. Pistorius sat with his head down making notes.

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

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.

Judge Thokozile Masipa also found Pistorius 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 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 /dm/aa
Date : 14 Oct 2014 12:50
 
PAROLE OFFICER WAS PAID BY DEFENCE

The parole officer who recommended correctional supervision for paraympian Oscar Pistorius worked on the matter in her private capacity, the High Court in Pretoria heard on Tuesday.

"It will be the defence that will pay you for this work done?" prosecutor Gerrie Nel asked Annette Vergeer during cross-examination.

"That is in fact so, My Lady," she replied, standing in the witness stand.

She was testifying during sentencing proceedings for Pistorius.

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

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.

Vergeer told Nel she worked for the State and had a private practice.

She earlier told the court Pistorius should get three years of correctional supervision and community service for the killing.

Nel then asked her about a line in her report, which she compiled for the defence and read to the court earlier: "The accused has accepted responsibility for his actions within his framework."

Nel wanted to know what she meant by "within his framework".

After several minutes of back and forth discussion and Masipa intervening, Vergeer said: "That he fired shots through the toilet door because he thought there was an intruder... not because he intended to shoot and kill her."

During the exchange Steenkamp's cousin Kim Martins sighed audibly and looked up at the ceiling.

Masipa also found Pistorius 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 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 : 14 Oct 2014 13:03
 
Convicted killer Mikey Schultz, former bouncer Guil Yahav and former footballer Mark Batchelor all in court.
 
Mandy Wiener @MandyWiener

#OscarTrial It seems Yahav, Schultz, Mortimer, Batchelor in court on request of the state. Some may testify, others may just intimidate.
 
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