Oscar Pistorius, the Paralympic athlete on trial for the murder of his girlfriend Reeva Steenkamp, has escaped the maximum 25-year prison sentence for premeditated murder and a lesser 15-year sentence for murder in a dramatic morning of summarising evidence.
Judge Thokozile Masipa, the 66-year-old judge, explained that she felt "the facts were not there" to convict the sprinter of murder. The evidence, she said, was "purely circumstantial." Premeditated murder - meaning that he intended to kill her, the heaviest possible conviction he faces - carries a mandatory life sentence and Pistorius would not be eligible for parole for 25 years.
Second-degree murder would have carried a minimum 15-year sentence.
But the judge did emphasise during a riveting morning of courtroom summary that the charge of culpable homicide - known as manslaughter - had not been ruled out. That carries a maximum sentence of 15 years - but could also be suspended. Pistorius entered the courtroom at around 9am looking composed and determined. His brother Carl, who was seriously injured in an August 1 car crash, arrived shortly before in a wheelchair and Pistorius was supported by his sister Aimee, father Henke and three uncles. The Steenkamp family was represented by friends and family including Reeva's mother June and father Barry, who listened to the evidence intently, leaning forward and resting his arms on the bench in front,
When the judge began reminding Pistorius of his testimony, however, the 27-year-old's composure crumpled, and he closed his eyes and sobbed.
Judge Masipa was scathing in her assessment of the athlete - who throughout the trial has been portrayed by the prosecution as vain, arrogant and rash, with a love of fast cars, beautiful women and guns. "I find him a very poor witness," she said, pointing out inconsistencies in his testimony. He was, she said, "evasive".
But to audible gasps from the courtroom, she then qualified her statements with the phrase: "Just because someone is an untruthful witness does not mean they are guilty."
In the opening hours of the hearing, she had swiftly ruled out the testimony of neighbours who claimed to have heard an argument, saying they could not have been confident of the detail. She discounted a series of WhatsApp messages - some showing a loving relationship, others showing strains - because she said "human beings are fickle".
And she also ruled out the significance of the timing of Steenkamp's last meal, saying that it was inconclusive and inexact.
The hearing had been expected to last two days. But the speed with which Judge Mapisa dealt with the summary lead many to believe we would have a full verdict by tonight.
sources by http://www.telegraph.co.uk