SA: "Oscar Pistorius Should Get At Least 10 Years In Prison", Judge To Sentence On Tuesday
Gerrie Nel said Oscar Pistorius should serve 10 years in prison for killing Reeva Steenkamp in an act of "gross negligence", the s...
http://www.africaeagle.com/2014/10/sa-oscar-pistorius-should-get-at-least.html
Gerrie Nel said Oscar Pistorius should serve 10 years in prison for killing Reeva Steenkamp in an act of "gross negligence", the state prosecutor has argued, as the trial's judge confirmed she will sentence the Paralympian next week.
Pistorius, who was convicted of manslaughter last month, should be sent to prison to satisfy the interests of society and prevent South Africans from taking matters into their own hands.
"This is a serious crime," he said. "The only reasonable sentence would be a long-term incarceration. The minimum term that society will be happy with is 10 years in jail."
His suggestion prompted gasps from Pistorius's family and further tears from the athlete, who was more emotional in court than he had been for weeks, weeping throughout the sentencing arguments.
The 27-year-old was convicted of culpable homicide after the judge dismissed a more serious murder charge against him for shooting Ms Steenkamp (29) through a locked lavatory door at his Pretoria home on St Valentine's Day last year.
Barry Roux, Pistorius's lawyer, urged the judge to consider putting him under house arrest and undertaking community service instead.
He told the court the Blade Runner, as he was known for the carbon fibre prosthetics he raced on, had already punished himself in the past 18 months more than the judge would ever be able to with a custodial sentence.
"It's so easy to say when you kill someone, you must live with the consequences," he said, adding that Pistorius had also lost the woman he loved.
"I cannot even begin to understand the pain. There's grief for the loss but something far worse, there's that excruciating pain that it's you that caused the loss. There was an accused and a victim, and the accused became a victim."
He said the athlete had "lost everything" since Steenkamp's death. He also said that he had no money. "He was on the rise, that's very clear. He was like an icon in the eyes of South Africans. He was going to make lots of money," he said.
He said that afterwards, he was vilified in false media reports that he had crushed the model's skull with a cricket bat, was high on drink and steroids and took acting lessons to appear more remorseful in court.
"The denigration, the humiliation, the ridicule, the blame, the false allegations - ongoing, worldwide - that's what he was subjected to," he said.
"Never, ever, ever in the history of our law, or any other country, have I seen such unfairness."
Pistorius had become a "down and out", he said. "He was painted as a cold-blooded killer. He lost all his sponsorship, he lost all his money. He is broke and broken. There's nothing left of this man.
"Is this a person you must remove from society? … We say no." If Pistorius were jailed, the court heard he would serve his sentence in a single cell of Pretoria Central's hospital wing.
But even there, Mr Roux said, he would be exposed to South African prisons' high levels of tuberculosis and Aids, and would struggle to walk around on the hard concrete floors.
He also cited a psychological report that said Pistorius was a suicide risk if he did not receive consistent medical treatment.
"Putting him with people suffering from ailments, diseases, for how long? What must he do there?" he said. "It can never be a suitable punishment."
Instead, he evoked the African concept of "Ubuntu", of humanity in society, where restorative justice trumps incarceration. He cited the idea of a villager stealing a goat being forced to return it and undertake extra service to society.
But Mr Nel insisted there was no other way given the violent nature of Steenkamp's death and the excessive and inappropriate use of force by Pistorius, who claimed he thought she was an intruder.
He said a sentence that involved house arrest for such a crime was "shockingly disproportionate". "She died a horrific death. She had nowhere to go, she was in a small cubicle," he said.
"Three bullets ripped through her body. It must have been horrific.
"If there was one shot fired, we'd be prepared to understand it but we have four shots fired by someone who was competent with a firearm."
Mr Nel attacked Pistorius's "shameless" use of his disability as a mitigating factor in his sentence when he had fought hard in the past to compete with able-bodied athletes.
The judge will sentence Pistorius on Tuesday.
Source: Uk Independent
Pistorius, who was convicted of manslaughter last month, should be sent to prison to satisfy the interests of society and prevent South Africans from taking matters into their own hands.
"This is a serious crime," he said. "The only reasonable sentence would be a long-term incarceration. The minimum term that society will be happy with is 10 years in jail."
His suggestion prompted gasps from Pistorius's family and further tears from the athlete, who was more emotional in court than he had been for weeks, weeping throughout the sentencing arguments.
The 27-year-old was convicted of culpable homicide after the judge dismissed a more serious murder charge against him for shooting Ms Steenkamp (29) through a locked lavatory door at his Pretoria home on St Valentine's Day last year.
Barry Roux, Pistorius's lawyer, urged the judge to consider putting him under house arrest and undertaking community service instead.
He told the court the Blade Runner, as he was known for the carbon fibre prosthetics he raced on, had already punished himself in the past 18 months more than the judge would ever be able to with a custodial sentence.
"It's so easy to say when you kill someone, you must live with the consequences," he said, adding that Pistorius had also lost the woman he loved.
"I cannot even begin to understand the pain. There's grief for the loss but something far worse, there's that excruciating pain that it's you that caused the loss. There was an accused and a victim, and the accused became a victim."
He said the athlete had "lost everything" since Steenkamp's death. He also said that he had no money. "He was on the rise, that's very clear. He was like an icon in the eyes of South Africans. He was going to make lots of money," he said.
He said that afterwards, he was vilified in false media reports that he had crushed the model's skull with a cricket bat, was high on drink and steroids and took acting lessons to appear more remorseful in court.
"The denigration, the humiliation, the ridicule, the blame, the false allegations - ongoing, worldwide - that's what he was subjected to," he said.
"Never, ever, ever in the history of our law, or any other country, have I seen such unfairness."
Pistorius had become a "down and out", he said. "He was painted as a cold-blooded killer. He lost all his sponsorship, he lost all his money. He is broke and broken. There's nothing left of this man.
"Is this a person you must remove from society? … We say no." If Pistorius were jailed, the court heard he would serve his sentence in a single cell of Pretoria Central's hospital wing.
But even there, Mr Roux said, he would be exposed to South African prisons' high levels of tuberculosis and Aids, and would struggle to walk around on the hard concrete floors.
He also cited a psychological report that said Pistorius was a suicide risk if he did not receive consistent medical treatment.
"Putting him with people suffering from ailments, diseases, for how long? What must he do there?" he said. "It can never be a suitable punishment."
Instead, he evoked the African concept of "Ubuntu", of humanity in society, where restorative justice trumps incarceration. He cited the idea of a villager stealing a goat being forced to return it and undertake extra service to society.
But Mr Nel insisted there was no other way given the violent nature of Steenkamp's death and the excessive and inappropriate use of force by Pistorius, who claimed he thought she was an intruder.
He said a sentence that involved house arrest for such a crime was "shockingly disproportionate". "She died a horrific death. She had nowhere to go, she was in a small cubicle," he said.
"Three bullets ripped through her body. It must have been horrific.
"If there was one shot fired, we'd be prepared to understand it but we have four shots fired by someone who was competent with a firearm."
Mr Nel attacked Pistorius's "shameless" use of his disability as a mitigating factor in his sentence when he had fought hard in the past to compete with able-bodied athletes.
The judge will sentence Pistorius on Tuesday.
Source: Uk Independent
