Tuesday, October 21, 2014 9:55 am
South African judge Thokozile Masipa on Tuesday sentenced Oscar Pistorius to five years in prison for shooting dead his girlfriend Reeva Steenkamp on Valentine’s Day 2013.
“Count one, culpable homicide, the sentence imposed is five years,” Masipa said. Pistorius was also given a three-year suspended sentence on a separate gun charge.
Judge Masipa had earlier ruled out community service for the blade runner.
The family of slain model Reeva Steenkamp welcomed the sentencing of her killer Oscar Pistorius to up to five years in jail.
Steenkamp’s ailing father Barry said he was “very glad” the seven-month trial is over and a lawyer for the family said the sentence was “welcome”.
Pistorius, who had vomited and wept at times during the trial, stood stock-still in the dock as he was sentenced, veins bulging in his forehead and his jaw muscles clenched.
Masipa said she wanted to find a balance between retribution, deterrence and rehabilitation, dismissing defence claims that the disabled athlete would face particular suffering in prison.
“It would be a sad day for this country if an impression were to be created that there was one law for the poor and disadvantaged and another for the rich and famous,” said Masipa.
She also weighed his ability to cope with incarceration given his physical disability.
“Yes the accused is vulnerable, but he also has excellent coping skills,” she said.
Discussing the gravity of Pistorius’s crime, the judge said he had been responsible of “gross negligence”.
“Using a lethal weapon, a loaded firearm, the accused fired not one, but four shots into the door,” said Masipa.
“The toilet was a small cubicle and there was no room for escape for the person behind the door,” she said.
The double amputee sprinter was acquitted of the more serious charge of murder over Reeva Steenkamp’s death on Valentine’s Day last year.
The prosecution has called for 10 years in jail. The defence pleaded for house arrest and community service.
His lawyers, arguing that Pistorius would be more vulnerable than most in prison because of his disability, had argued against jail time, and called instead for the equivalent of house arrest and community service.
Prosecutor Gerrie Nel said such a sentence would be “shockingly inappropriate” and could cause South Africans to lose faith in their legal system.
– ‘More equal than others’ –
The trial has drawn international attention and media gathered outside the courthouse shortly after dawn to get into position for the star runner’s entrance and the arrival of friends and families on both sides of the case who have attended the long trial.
A man dressed in prison orange draped himself in chains, holding a sign saying: “Are certain offenders more equal than other offenders before the law?”
Before the sentence was pronounced, legal experts had been divided on which way judge Masipa would swing.
“There is a strong argument to be made for certainly a period of direct imprisonment,” said William Booth, a criminal lawyer based in Cape Town. “You do have to send a message to the public.”
The athlete made history by becoming the first Paralympian to compete against able-bodied athletes at the 2012 London Olympics, inspiring millions with his story.
But during his trial the prosecution painted a darker picture of the one-time sports star, presenting a dangerously volatile young man with a penchant for guns, beautiful women and fast cars.
With the conviction and sentence, Pistorius has lost his glittering sports career, lucrative contracts and — above all — his hero status, tarnished forever.