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Temporary relief for Pistorius
Paralympic champion Oscar Pistorius was on thursday cleared of pre-medidated murder and second degree murder charges by South African judge Thokozile Masipa. The Olympic and Paralympic athlete is accused of killing his girlfriend Reeva Steenkamp on Valentine's Day last year. The South African athlete is not completely out of the woods though as he can still be charged for culpable homicide.
The premedidated murder charge relied heavily on circumstantial evidence from the state. The judge said “The State has not proved beyond reasonable doubt that the accused is guilty of premeditated murder. There are just not enough facts to support such a finding”.
Pistorius had earlier pleaded not guilty to all charges- one of murder, two of illegally discharging a firearm and third of illegally possessing ammunition. If he was convicted of pre-medidated murder, Pistorius should have spent 25 years in prison. The sprinter had clarified that he shot his girlfriend Ms. Steenkamp thinking her to be an intruder.
Rubbishes evidence of State and Defence
Judge Masipa has to come up with a verdict with the help of two assessors as there is no jury system in South Africa.
Earlier, the judge also said Mr Pistorius made a '"conscious decision to shoot". The witnesses in the case could not distinguish between their own evidence and news from the press. The judge found there was "some doubt" a woman screamed on the night of the shooting. The prosecution alleged that he intentionally murdered her after a row. Around 21 witnesses testified for the prosecution and 16 for the defence. Ms Steenkamp's parents - June and Barry Steenkamp were watching the proceddings unfold from the public gallery.
Defence had claimed that police contaminated evidence and removed items from the crime scene. Masipa dismissed these claims saying their data "paled into insignificance".
The judge also did not take into contention the reasoning of the defense about the relationship between Pistorius and Ms Steenkamp was "on the rocks", while discounting defence’ claims that they were a “loving couple”.
"In my view none of this evidence from the State and defence proves anything," she said. "Normal relationships are dynamic and unpredictable most of the time, while human beings are fickle.”
"Neither the evidence of a loving relationship, nor a relationship turned sour can assist this court to determine whether the accused had the requisite intention to kill the deceased."
The judge also emphasised that she will rely on phone records rather then witness recordings. She added that Pistorius “contradicted himself” during cross-examination.
