Oscar found guilty of manslaughter

Oscar Pistorius has been found guilty of culpable homicide over the death of his girlfriend Reeva Steenkamp.

Verdict...Oscar Pistorius found guily of culpable homicide. Picture:AP/Themba Hadebe Source: AP

OSCAR Pistorius has been found guilty of culpable homicide after being acquitted of murdering his model girlfriend Reeva Steenkamp in a shock decision legal experts saw as too lenient.

Pistorius has also been acquitted of one count of discharging a firearm in public when he fired a gun through the sunroof of a moving car four years ago.

He was however found guilty of discharging a gun in a crowded restaurant in 2013, a charge carrying a five-year sentence.

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He has been found not guilty of illegal possession of ammunition.

His bail has been extended and his sentencing is set to begin on October 13. He will be staying with his uncle until sentencing.

'I have used my discretion in favour of the accused, I grant (the) application to extend the bail,' Judge Masipa said.

Poor witness ... Oscar Pistorius in Pretoria, South Africa. Picture: Getty Images Source: Getty Images

Pistorius' Uncle, Arnold Pistorius, spoke to the media.

"On behalf of our family, we would like to show how grateful we are at Judge Masipa," said Mr Pistorius.

"It would be highly inappropriate of the family to make any statement at this stage regarding the merits of this case," adding that he understands that the case is not over.

"We as a family remain deeply affected by the devastating tragic event. It won't bring Reeva back, but our hearts still go out to Reeva's family and friends," he said.

Pistorious' fall from grace, which began in the bathroom of his own home on Valentine's Day last year was completed in Court GD of the North Gauteng High Court in Pretoria with the culpable homicide verdict which could see him behind bars.

The decision comes a day after the champion athlete and sporting icon was dramatically cleared of murder charges and the prospect of life in jail.

The culpable homicide decision had been expected after the Judge's comments on Thursday that he was not guilty of premeditated murder but had used excessive force and was negligent when he fired four shots into the door of a locked toilet cubicle in which his lover was standing. Three of the four shots struck 29-year-old Steenkamp, one in the head which was immediately fatal.

Family support...Pristorious' family stay strong. Aimee Pistorious (L) is comforted by Theo Pistorious (R). Picture:Jemal Countess/Getty Images Source: Getty Images

The official verdict was not met with the same drama seen previously as Pistorius appeared to remain largely motionless. The day before he had sobbed and cried with his family when it became apparent that he had escaped a possible life sentence.

Judge Masipa found Pistorius not guilty of a charge of discharging his gun through the sunroof of a moving car in September 2010 when he was travelling inside it with his former girlfriend Samantha Taylor and friend Darren Fresco.

But she said that both Taylor and Fresco had contradicted each other when giving evidence and that the relationship between Taylor and Pistorius had not ended amicably.

The incident was alleged to have occurred after Fresco had been stopped by police for speeding and a police officer handled Pistorius's gun, which was in the car.

"The State witnesses contradicted each other on crucial aspects, namely the circumstances in which the shot was fired, when and where exactly the shot was fired. The evidence placed before this court falls short of the required standard ... the State has failed to establish that the accused is guilty beyond reasonable doubt and he has to be acquitted," Judge Masipa said.

She had believed Pistorius's version over the other witness in relation to the gun charge and she also preferred Pistorius's version in relation to the shooting of his lover.

Emotional at court ... Oscar Pistorius at the Pretoria High Court in March this year. Picture: Getty Source: Getty Images

Judge Masipa found in favour of Pistorius's version — that he believed there was an intruder in the toilet and that he and Steenkamp were in danger forcing him to fire the four shots into the door which struck and killed Steenkamp.

Judge Masipa had earlier said she agreed that that conduct of Pistorius was better understood by looking at his background — he grew up in a crime-ridden environment and a home where his mother was paranoid and always carried a firearm — but she said this was just an explanation.

"It does not excuse the conduct of the accused," Judge Masipa said.

"Many people in this country have experienced crime or the effects thereof, directly or indirectly, at some time or another. Many have been victims of violent crime but they have not resorted to sleeping with firearms under their pillows," Judge Masipa said.

"On the facts of this case I am not persuaded that a reasonable person with the accused's disabilities in the same circumstances would have fired four shots into that small toilet cubicle ... I am of the view that the accused acted too hastily and used excessive force. Under the circumstances it is clear that his conduct was negligent."

And yesterday debate continued to rage in South Africa about the Judge's controversial decision to free Pistorius of the murder charge.

One newspaper, The Citizen, called it on their front page "A Crying Shame" and legal experts slammed the decision, saying the law had been applied wrongly.

They said that Judge Masipa erred by saying that Pistorius could not have foreseen his actions would have killed Steenkamp because he believed she was in bed. They said the question should have been whether he believed or could have foreseen his actions could have killed whoever was behind the door of the toilet.

It was suggested that based on this the State could launch an appeal based on error at law.

Fighting to clear Oscar's name ... defence lawyer Barry Roux. Picture: AP Source: AP

But other experts disagreed, saying that the State's framing of the charges was the problem and that they had focused on Steenkamp and not any other person and the Judge was right in her interpretation.

Since the verdict was handed down more than 20,000 tweets have been posted on Twitter with the hashtag #justiceforreeva.

The verdict is the climax of a six-month murder trial that has cast a harsh spotlight on the fallen hero's private life. Full of high drama, the trial has fed intense media interest worldwide, with live broadcasts veering into the realm of TV reality.

In a globally-broadcast live television verdict, Judge Thokozile Masipa yesterday found the double amputee "Blade Runner" not guilty of deliberately killing 29-year-old Reeva Steenkamp.

"The state clearly has not proved beyond reasonable doubt that the accused is guilty of premeditated murder," Masipa told the Pretoria High Court, before adjourning for the day.

Legal experts voiced shock that Pistorius was found not guilty of murder, and predicted the case that has gripped South Africans and much of the world for a year would not rest with the verdict.

"I think she's going to get quite a lot of criticism from the judiciary and the legal system," said criminal lawyer Martin Hood.

"The consensus among the legal community was that he is guilty of murder," the Johannesburg-based lawyer added.

"This could really open the door to systematic abuse of our legal system by people who shoot their partners and claim self-defence."

Masipa — who made the journey from a poor Johannesburg township to one of the country's top legal posts — seemed to lean towards finding Pistorius guilty of culpable homicide before the abrupt adjournment yesterday.

Talented lady ... Reeva Steenkamp who was shot dead by double-amputee athlete Oscar Pistorius. Picture: AP Source: AAP

After describing Pistorius, 27, as a "very poor witness" who was "evasive" when questioned, Masipa criticised his actions in the early hours of Valentine's Day 2013.

"I am of the view that the accused acted too hastily and used excessive force. In the circumstances, it is clear that his conduct was negligent," she said.

"On the facts of this case I am not persuaded that a reasonable person with the accused's disabilities in the same circumstances would have fired four shots into that small toilet cubicle."

She also said that Pistorius "failed to take any steps to avoid the resultant death," crossing off another prerequisite for a manslaughter conviction.

Following Thursday's verdict, the Paralympian sprinter sat in the dock bowed and burying his head in his hands.

His sister Aimee rushed from the first row of the public gallery to hug her older brother, who was wiping tears from his eyes with a handkerchief.

The parents of Reeva Steenkamp, a blonde law graduate voted one of the world's sexiest women by FHM magazine, left the courtroom with stony faces.

Another Johannesburg lawyer David Dadic said he and other legal professionals "are quite stunned by the decision ... that the death behind the door, irrespective of who the victim was, was not foreseeable."

During proceedings Pistorius has broken down, weeping and at times vomiting as he heard how his girlfriend's head "exploded" like a watermelon under the impact of his hollow-point bullets. James Grant, Wits University criminal law professor James Grant noted the state could appeal if they believe there has been an legal error.

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