WE HAVE MOVED!........CLICK TO VISIT OUR NEW SITE

WE HAVE MOVED!........CLICK TO VISIT OUR NEW SITE
WE HAVE MOVED!........CLICK TO VISIT OUR NEW SITE

Tuesday, October 21, 2014

Oscar Pistorius sentenced!

From a globally lauded athlete to convicted killer, Oscar Pistorius' fall from grace culminated Tuesday with a five-year sentence in the shooting death of his girlfriend.
The sentence was imposed for the charge of culpable homicide, which in South Africa means a person was killed unintentionally, but unlawfully.
He was also given a three-year sentence on a firearms charge, but it was suspended.
During his trial, the double-amputee sprinter often sobbed at the mention of his girlfriend Reeva Steenkamp's name. He insisted that he mistook her girlfriend for an intruder when he shot her through a toilet door on Valentine's Day 2013.
Opening the session Tuesday, Judge Thokozile Masipa emphasized that
the decision on sentencing would be "mine and mine alone."
She pointed out that sentencing is not an exact science but relies on an assessment of elements including the nature and seriousness of the crime, the personal circumstances of the accused and the interests of society.
She must also take into account the factors in sentencing of retribution, deterrence and rehabilitation.
In any case, she said, "sentencing is about achieving the right balance."
Masipa then began to outline the arguments given by defense witnesses at the sentencing hearing last week.
Pistorius' defense has called for a sentence of house arrest and community service, rather than the prison term demanded by the prosecution.
No 'insurmountable challenge'
In her final remarks, Masipa dismissed evidence given by probation officer Annette Vergeer that prison would not be able to accommodate Pistorius' disability, saying her testimony was outdated and sketchy.
On the other hand, Masipa said, the testimony from the acting national head of corrections was much more reliable and indicated that the prison service could handle any inmate.
She said Pistorius would not present the prison system with an "insurmountable challenge."
The judge added that she felt Pistorius' vulnerability had been overstated in the evidence given and that his excellent coping strategies -- shown in his ability to compete with able-bodied atletes -- had been overlooked.
He would be able to continue treatment for physical problems and mental health issues while in prison, she said.
In terms of the seriousness of the offense, Masipa said Pistorius had shown gross negligence in shooting into a small toilet cubicle, knowing there was someone inside who could not escape. He also knew how to handle firearms, she said, adding that these were "very aggravating" factors.
On the other hand, mitigating factors include that Pistorius is a first offender and remorseful, Masipa said. She also mentioned his contribution to society in giving his time and money to charities and inspiring others with disabilities to believe they could succeed.
Masipa indicated that whatever sentence she handed down would not be impacted by Pistorius' fame.
"It would be a sad day for this country if the impression was to be created that there was one law for the poor and disadvantaged and another for the rich and famous," she said.
The judge also highlighted the loss suffered by Steenkamp's family, which has had a negative impact on her father's health.
Steenkamp was young, vivacious and full of life at the time of her death, she said.
"The loss of life cannot be reversed. Nothing I say or do today can reverse what happened," she said.
'Sweetest human being'
Steenkamp, 29, was a law school graduate who turned to modeling in recent years.
"She was the kindest, sweetest human being, an angel on earth," said her agency, Capacity Relations.
Pistorius, 27, made history when he became the first Paralympian to compete in the able-bodied Olympics in 2012. He was born without the fibulae in his legs, which were amputated below the knee when he was 11 months old.
At the London Olympics, he ran on special carbon fiber blades that earned him the nickname "Blade Runner." Even though he didn't medal, he became an inspiration to the disabled and a national hero in South Africa.
Pistorius talked about his fame as a role model before the shooting.
"Obviously, being an international sportsman, there's a lot of responsibility that comes with that," he told CNN. "So having to remember that there are kids out there, especially, that look up to you is definitely something that you need to keep at the back of your mind."
No minimum sentence
State prosecutor Gerrie Nel has called for a minimum prison sentence of 10 years for Pistorius.
"This is a serious matter," Nel said at the end of the arguments over sentencing. "The negligence borders on intent. Ten years is the minimum."
There is no legal minimum sentence for culpable homicide in South African law, so the decision will be up to the judge's discretion.
While the sentencing will bring a close to one chapter of the case, an appeal is possible.
Pistorius' siblings speak out
On the eve of Pistorius' sentencing, two of his biggest supporters -- his siblings -- told CNN's Robyn Curnow that the lives of everyone close to the trial have already been changed forever, no matter the outcome.
"No one who's been close to the situation can just overcome it," Aimee Pistorius said. "It's something my brother will carry with him forever and ... regardless of what's happening now it's just a certain phase in a journey that will never end."
As the defense attorneys have argued, she said there is no reason to doubt that her brother believed  an intruder was in the bathroom who posed a risk to him and Steenkamp when he fired shots through the toilet door.
Aimee Pistorius said she was shocked when she first heard about the fatal shooting.
"But also knowing my brother -- his insecurities, who he is -- the very first thing that came to my mind is that it could have only been a mistaken identity for an intruder and that's because I know my brother and I know his fears," she said.
"It's never going to be over," Aimee Pistorius said. "Something like this changes my brother's life, our lives, the Steenkamps', their family, their friends."
The trial was beset by drama at times, and the most difficult thing for the Pistorius siblings in watching it unfold is the sense of loss.
"That is a heart-wrenching pain, having lost our mother at a young age --  it is an anguish that you feel when you know that someone else is going through deep, deep pain," Carl Pistorius said.
Whatever the court decides, public opinion has been harsh on Oscar Pistorius, which both siblings said had affected them.
There have even been reports of threats by gang leaders in prison against Oscar Pistorius that have the family worried. 
Steenkamp's father: 'Only he knows'
Steenkamp's parents are skeptical about the man who killed their daughter.
"If he's telling the truth, I may forgive him one day," father Barry Steenkamp told the Afrikaans-language newspaper Beeld. But ''if it didn't happen as he described it, he should suffer. And he will suffer ... only he knows."
Source - CNN

No comments:

Post a Comment

What are your thoughts?