JOHANNESBURG — Oscar
Pistorius, the double-amputee sprinter who rose to worldwide fame for
overcoming his disability to compete in the 2012 Olympic Games, was sentenced
on Wednesday to six years in prison for murdering his girlfriend, Reeva
Steenkamp, inside his home in 2013.
Judge
Thokozile Matilda Masipa of the High Court in Pretoria cited
“mitigating” factors in handing out a sentence that was significantly shorter
than the 15-year minimum requested by prosecutors.
Mr. Pistorius, the judge said, had shown genuine remorse in
trying, repeatedly and unsuccessfully, to apologize in person to the victim’s
parents.
Mr. Pistorius, 29, who looked down in an expressionless
stare while the judge read the sentence, showed no emotion when he was asked to
rise and listen to the sentencing. Neither did Ms. Steenkamp’s family react in
the courtroom.
The sentencing brought to an apparent close a trial that
transfixed much of this nation for years, featuring a young, handsome man whose
inspiring story once spoke to the youthful hopes of post-apartheid South
Africa.
Mr. Pistorius’s fall — as well as the unsettling questions
the trial raised about violence against women and the racial fears lurking
behind the murder — occurred in a country increasingly disaffected with the
post-apartheid order and its architect, the long-governing African National
Congress. Mr. Pistorius will have to serve half of his term before
being eligible for parole.
In handing out the six-year sentence, Judge Masipa surprised
many legal
experts who had predicted that a term of at least 10 years would split
the difference between guidelines that call for at least 15 years in prison for
murder but that also allow for a reduction based on other considerations.
Both sides can appeal the judge’s sentence, leaving the
possibility that the case may not be over. Mr. Pistorius’s lawyers said they
would not file an appeal. Perhaps anticipating a challenge by prosecutors, Judge
Masipa said in her ruling Wednesday morning that she would be available to
receive a request for an appeal that same day. Among other mitigating factors, the judge said she
considered the circumstances of the shooting and Mr. Pistorius’s disability. She also noted that Mr. Pistorius was a first-time offender
who had shown himself to be a good candidate for rehabilitation. “I am of the
view that a long-term imprisonment will not serve justice,” Judge Masipa said.In remarks largely sympathetic to Mr. Pistorius, the judge
added: “He’s a fallen hero who has lost his career and is ruined financially.
The worst is that having taken the life of a fellow human being in the manner
that he did, he cannot be at peace.”
Marius du Toit, a criminal defense lawyer, former prosecutor
and judge who has closely followed the trial, said the sentence, though “erring
on the side of leniency,” clearly reflected the judge’s belief that Mr.
Pistorius was guilty of what amounts to an accidental murder, not one with
intent. Mr. du Toit said that prosecutors could decide to contest
the sentence by asking Judge Masipa to grant leave to appeal or, failing that,
by petitioning the Supreme Court of Appeals directly.“But is it something that another court will interfere with?
I somehow don’t think so,” he said. “I think we may have reached the end of
this matter.”
Gareth Newham, a criminal justice researcher at the Institute
for Security Studies in Pretoria, said that it was not unusual for a judge to
consider mitigating factors in deviating from sentencing guidelines. But the
six-year sentence, he said, would most likely anger a public that has come to
regard Mr. Pistorius much less sympathetically. “The general public feeling about this will be that it was
an inappropriately light sentence, and that could lead to the N.P.A. to think
that they might have a better chance of getting the sentence extended if they
took it to a higher court,” he said, referring to the National Prosecuting
Authority.
In 2014, Judge
Masipa convicted
Mr. Pistorius of the equivalent of manslaughter, sentencing him to
five years in prison. Mr. Pistorius served one year before being released to
serve the rest of his sentence under
house arrest.After prosecutors
appealed, the nation’s highest appeals court found that Judge Masipa had
erred in her ruling and convicted Mr. Pistorius of murder.
Last month, Mr. Pistorius and Ms. Steenkamp’s family
appeared in court before Judge Masipa for a new sentencing. Both sides made
emotional pleas to the judge who, though working under sentencing guidelines,
had the authority to reduce the sentence if she found substantial and
compelling reasons.In the courtroom last month, Mr. Pistorius removed
his artificial legs and walked on his stumps, resting his hand on a
desk for support at one point. His lawyers argued that his disability would
make him particularly vulnerable in prison and pleaded for community service
instead. The victim’s father, Barry Steenkamp, 73, gave tearful
testimony and said that Mr. Pistorius “had to pay for his crime.” Mr. Steenkamp
said his daughter’s killing had contributed to his having a stroke.
Mr. Steenkamp, a diabetic, said that his grief has been so
severe that he would take his insulin syringe and “shove it into my stomach and
my arms to see if I could feel the same type of pain, but no.”
Ms. Steenkamp’s murder occurred only months after the 2012
Games, where Mr. Pistorius, a source of inspiration around the world for the
disabled, was selected to carry the South African flag at the closing ceremony.
Mr. Pistorius, whose lower legs were amputated when he was
11 months old, became known as the Blade Runner for his use of curved
prosthetics. Mr. Pistorius and Ms. Steenkamp — a 29-year-old model and
law school graduate — had been dating for only a few months when the killing
took place, on Feb. 14, 2013. That night, Mr. Pistorius shot Ms. Steenkamp through the
locked door of a bathroom in his apartment in a gated community in Pretoria. Mr.
Pistorius had said that
he had shot his girlfriend in the mistaken belief that somebody had broken into
his home, an argument that resonated in a country with high crime — and high
walls to shield the comfortable against home invasions. Prosecutors
argued that he had intentionally killed Ms. Steenkamp in a jealous
rage after an argument. In her initial verdict in 2014, after a five-month courtroom
drama that many compared to the O.J. Simpson trial, Judge Masipa sided with the
defendant, saying his account “could reasonably be true.” Acquitting him of murder, she ruled that prosecutors had
failed to prove beyond a reasonable doubt that Mr. Pistorius had shown intent
to kill. But as is permitted in South Africa, which does not have a
jury system, prosecutors appealed to the Supreme Court of Appeal.
In December, the appeals
court sided with prosecutors, concluding that the manslaughter conviction,
called culpable homicide in South Africa, had been based on a misinterpretation
of laws and an erroneous dismissal of circumstantial evidence. The court said that, under a legal principle called dolus
eventualis, Mr. Pistorius was guilty because he should have foreseen that his
actions — firing through his locked bathroom door — would kill whoever was
inside, and proceeded regardless of the consequences.
In describing the case as “a human tragedy of Shakespearean
proportions,” the appeals court overturned Judge Masipa’s conviction and found
Mr. Pistorius guilty of murder.
Mr. Pistorius’s lawyers tried to take the case to the
nation’s highest court, the Constitutional Court. But in March, the body, which
usually handles constitutional matters, declined to hear Mr. Pistorius’s
appeal.
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