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Pistorius verdict: Live Report

Date:

11:56 GMT – AFP is closing its live report on the Oscar Pistorius murder trial verdict after another emotionally charged day in Pretoria’s High Court. To summarise today’s events:

— Pistorius is found guilty of culpable homicide for shooting dead his girlfriend Reeva Steenkamp, after being acquitted of the more serious charge of murder.

— Judge Thokozile Masipa says he acted “negligently” in killing the law graduate in the early hours of Valentines Day 2013.

— Athlete is bailed pending sentencing on October 13. He could potentially face a lengthy jail sentence though many South African commentators doubt this will happen.

LIVE REPORT ENDS

11:52 GMT – Arnold Pistorius closes his statement by expressing his thoughts for the family of Reeva Steenkamp.

“It won’t bring Reeva back but our hearts still go out for her family and friends,” he says.

11:46 GMT – Uncle speaks – Pistorius’s uncle, Arnold Pistorius, wearing a red tie and black suit, addresses the media.

He says: “On behalf of the family, we would really like to show our deeply grateful we are to Judge Masipa who has found Oscar not guilty of murder.

“We always knew the facts, and we never had any doubt in Oscar’s version of this tragic incident.

“At this stage however the matter remains before the court.”

He says it would be “highly inappropriate” for the family to make any further statements about the case, adding: “We respect the fact that the legal process is not over and must always be run in the course of justice.”

11:36 GMT – South Africa’s state prosecutors have said they will wait before deciding whether to appeal the today’s ruling.

National Prosecution Authority (NPA) spokesperson Nathi Mncube, issuing a statement earlier, said: “We respect the court’s decision to convict the accused on culpable homicide, which is in fact a serious crime.

“We are however, disappointed that we were not successful in securing a conviction on the original charge of premeditated murder, negligent discharge of a firearm and possession of ammunition.”

11:35 GMT – The state appears severely disappointed by the judgement.

“I don’t have words, it’s pathetic,” says police photographer Bennie van Staden after the court proceedings are adjourned.

11:30 GMT – Pistorius leaves – With the bail hearing over, Pistorius leaves the court escorted by at least six policemen wearing bulletproof vests.

11:25 GMT – Pistorius ‘sombre’ – AFP’s Stephanie Findlay says she tried to speak to Pistorius to get his reaction to today’s hearing, as he stood talking to relatives in a corner of the courtroom.

She tells us: “He would not say how he was feeling, but when I wished him good luck he shook my hand, and in a sombre voice said: ‘much appreciated.’

“Pistorius has not smiled since Judge Masipa gave her verdict, appearing solemn as he talks with his family and friends.”

11:17 GMT – Pistorius is still standing in the dock, his head bowed. His father Henke goes over to him with a smile and gives him a hug. Sister Aimee does the same, giving her brother a long embrace.

The athlete’s uncle Arnold, who has said he will issue a statement to the media shortly, is standing in the first row of the public gallery, with a grin fixed on his face.

11:17 GMT – The date for sentencing is set as October 13-16.

“We will be ready,” says state prosecutor Gerrie Nel.

Judge Masipa, with a hint of a smile, says: “It is important for the 13 of October when the accused is coming back for a sentence there aren’t any further complications.”

11:11 GMT – PISTORIUS SENTENCING DUE OCTOBER 13

11:09 GMT – Bail extension is granted.

Judge Masipa continues: “I have used my discretion in favour of the accused, I grant my application to extend the bail of the accused on the same conditions.”

11:05 GMT – JUDGE GRANTS PISTORIUS BAIL

Pistorius bailed

11:04 GMT – Bail decision – Judge Masipa says she is not convinced that the case has been made for bail to be suspended.

“I have considered these submissions by counsel,” she says. “This is not a schedule 5 or schedule 6 offence; for that reason the onus is on the state to persuade this court it is not in the interest of justice that the accused bail be suspended. I am not persuaded for the following reasons…”

The judge goes on to say: “There has been no suggestion by the state that because the accused is no longer an owner of any property there is now a likelihood he might flee.”

11:01 GMT – Court resumes – Court begins again with Judge Masipa taking her seat almost a half hour later than she stated. She was preparing her statement on whether or not Pistorius should be granted bail.

Pistorius is sitting in the dock, his eyes fixed on the judge. Steenkamp’s mother June has still not returned to the courtroom.

10:46 GMT – Pistorius is back in the dock, sitting with his head bowed after spending the lunch break in the holding cell of the North Gauteng High Court.

Steenkamp’s mother, June, has not returned to the courtroom.

As proceedings resume we are expecting to hear if Pistorius will be granted bail, as well as the date for his sentencing.

Reporters familiar with South African courts say they doubt the Paralympic gold medallist will even serve any jail time, citing his status as a first time offender and the notoriously overcrowded, disease-ridden prisons.

10:36 GMT – Crowds react – A big crowd has gathered outside the courtroom, with many people expressing strong views on the verdict.

“I just arrived now, I was watching the whole of the news yesterday,” said John Magoma, a 34-year-old standing outside the North Gauteng High Court. “The judgement is wrong, now the man is off the hook.”

Another man pushed forward in the crowd to weigh in on the verdict. “He ought to be found guilty of murder,” said Nkosi Nkambule, a 39-year-old man working in IT.

Nkambule said he hopes that the state will appeal. “Surely justice will be served.”

10:35 GMT – Some discussion now on Twitter about whether the state is going to appeal.

Alex Eliseev, a South African journalist tweets: “#OscarPistorius If state appeals interpretation of the law, it’s going to make for a fascinating legal battle.”

10:15 GMT – The South African prosecuting authority has expressed “disappointment” in failure to secure murder conviction, according to media reports.

10:01 GMT – ‘Remember Reeva’ – On Twitter, a number of people are turning their focus to Reeva Steenkamp, urging people not to forget her in the clamour surrounding Pistorius.

@JusticeForReeva, a twitter account set up following the model’s death, tweets: “We need to remember Reeva Steenkamp in the circus that is the trial of Oscar Pistorius. We need to remember that a woman is dead”.

09:40 GMT – Pistorius is surrounded by police officers in the dock, who then lead him down to the cells below the court where he will have his lunch.

The athlete is in legal limbo until a decision is made regarding bail. His defence lawyer Barry Roux is sitting at the side of the courtroom, looking at his phone.

09:34 GMT – Lunch break – The court takes another break,this time for lunch, and is due to resume at 12:30

Aimee chats with her father Henke as the court adjourns for lunch, nuzzling into his shoulder. Pistorius’s uncle Arnold has said he will speak to the media later, as has Steenkamp’s uncle.

09:23 GMT – There is further up and down between the two lawyers, debating whether or not Pistorius should get bail.

People on the Steenkamp side of the courtroom are composed, the tears have stopped. Pistorius, watching Nel, appears calm and shifts to get more comfortable in his seat.

09:22 GMT – Nel continues: “It’s my respectful argument that it is not in the interest of justice to permit the accused that has been convicted in the High Court on the matter of negligently killing the deceased, in the circumstances the court explained, should not be released on bail.”

Nel sits down and defence lawyer Barry Roux stands.

“Quite frankly he should not have gone there,” says Roux about his client going to a nightclub and getting into a spat.

Bail considered

09:20 GMT – ‘Prison probable’ – State prosecutor Gerrie Nel stands up to talk about Pistorius getting bail.

“Imprisonment is probable,” says Nel about the likely sentence, before launching into arguments about why the runner should not get bail, citing media reports that Pistorius has been fighting in nightclubs throughout the trial.

09:18 GMT – Court resumes – Court returns and Pistorius defence lawyer Barry Roux stands up to address Judge Masipa. He will argue for Pistorius to be let on bail. No one has left the courtroom during the break.

Earlier, Pistorius hugged his father, one of the few times the pair have interacted in court.

09:13 GMT – Speaking to reporters during the court break, Pistorius’s uncle Arnold said the damage done to the athlete as a result of the trial is “tragic.” He walks over to his nephew and gives him a big hug in the dock.

The pair are in deep conversation, while the athlete’s father Henke is standing against the courtroom wall, looking at his son.

09:09 GMT – Bail question – Pistorius defence lawyer Barry Roux stands up to ask Judge Masipa about letting Pistorius on bail.

09:08 GMT – Pistorius now speaking to a policeman, the break has gone on longer than expected.

08:55 GMT – IPC statement – The International Paralympic Committee (IPC) has issued this statement in response to the verdict:

“Following today’s verdict, our thoughts remain with all those who have been affected by this terrible tragedy, in particular the family and friends of Reeva Steenkamp who sadly lost her life in this incident.

“Throughout this case, the IPC has stressed the importance of differentiating between Oscar’s contribution to the Paralympic Movement and his private life.

“As a sports organisation, it would be unwise for the IPC to comment on the conclusion of a court case that is not related to sport.”

Family’s reaction

08:44 GMT – Family support – Pistorius’s sister, Aimee stands and bows her head as court is adjourned for five minutes. She goes and sits with her brother in the dock.

Steenkamp’s friend Gina Myers is in tears, taking deep breaths as she tries to control herself. Steenkamp’s mother June is counselling Kim Martin, her relative, stroking her head and giving her a hug.

08:37 GMT – What next? – The judge has yet to set a date for sentencing. With a charge of culpable homicide, Pistorius could avoid jail time, yet Judge Masipa is known for handing out stiff sentences.

There is no minimum or maximum sentence for culpable homicide.

08:35 GMT – Emotions high – Emotions are running high among friends and relatives in the courtroom. Desi Myers’ lip is trembling as Judge Masipa finds Pistorius “not guilty” of murder.

Gina Myers is crying huge tears, wiping her nose with a tissue. She reaches over to Steenkamp’s cousin Kim Martin and rubs her shoulder.

Pistorius is staring straight ahead at Judge Masipa.

Steenkamp’s father Barry runs his hand over his head while June sits with pursed lips.

08:34 GMT – Mother’s reaction – Reeva’s mother, June Steenkamp has shared a word with her neighbour and shakes her head from side to side as if to say “no”.

08:31 GMT – Darren Fresco – Judge Masipa says that state witness Darren Fresco will not be charged with anything over his testimony about the gun incident at Tasha’s restaurant.

“It is the opinion of this court that Mr Darren Fresco answered frankly and honestly all the questions put to him, accordingly he is discharged from prosecution for the offence specified in the inditement as count three,” she says.

08:23 GMT – “In this matter the unanimous decision of this court is the following,” says Judge Masipa to Pistorius, who is standing to hear the verdict.

“The accused is found not guilty and is discharged, instead he is found guilty of culpable homicide.”

June Steenkamp stares straight ahead, blinking. Barry Steenkamp has leaned forward in his seat.

Verdict delivered

08:22 GMT – JUDGE FINDS PISTORIUS GUILTY OF CULPABLE HOMICIDE

08:20 GMT – Kim Martin, Steenkamp’s cousin, and Desi Myers, Steenkamp’s friend, are crying as Judge Masipa reads the judgement.

08:20 GMT – Judge Masipa says Pistorius acted “negligently when he fired shots into the toilet door knowing that there was someone behind the door.”

She adds: “A reasonable person therefore in the position of the accused with a similar disability would have foreseen that possibility that whoever was behind the door might be killed by the shots and would have taken steps to avoid the consequences and the accused in this matter failed to take those consequences.”

08:18 GMT – Dolus eventualis – “It cannot be said that the accused did not entertain a genuine belief that the accused posed a threat to him,” says Judge Masipa. “Therefore he could not be found guilty of murder.”

“This court has already found that the accused can not be found guilty of murder dolus eventualis.

“It could not be said that he foresaw that either the deceased or anybody else for that matter might be killed when he fired the shots at the toilet door.”

08:16 GMT – Judge Masipa, issuing the verdict of not guilty on the illegal possession of ammunition, says: “The state has failed to prove that the accused had the necessary animus.”

Pistorius’s aunt Lois is smiling as Pistorius is found not guilty of the illegal possession of ammunition, while the star sprinter is still sitting still, showing no emotion.

Steenkamp’s father, Barry, is leaning back in his seat, biting his lip. The Steenkamps’ lawyer, Dup de Bruyn, has his arms crossed in front of his body.

08:13 GMT – The public gallery in the Pistorius courtroom is filled with the sniffles and shallow breaths of women crying, as Judge Masipa reads out her verdict on South Africa’s fallen star.

08:14 GMT – Pistorius, who has remained emotionless the whole morning, has started clenching his jaw, after Judge Masipa found him guilty of recklessly discharging a firearm in public.

His father Henke, takes a deep breath as Judge Masipa reviews case law about the illegal possession of ammunition.

Pistorius has said that he should not be found guilty, because he was storing his father’s ammunition for him.

State prosecutor Gerrie Nel is studying a document on his desk, his head resting on his hand.

08:13 GMT – Motive – Judge moves on to talk about the motive behind the shooting of Reeva Steenkamp. She says that although it is not necessary for the state to prove motive there was no basis for the court to make “inferences” as to why Pistorius would want to kill his girlfriend.

08:09 GMT – Judge finds Pistorius not guilty of unlawfully possessing ammunition.

08:02 GMT – “He may not have intentionally pulled the trigger…that does not absolve him of the crime of negligently handling a firearm,” says Judge Masipa.

“Lerena was a good witness and I did not detect any indication of bias against the accused,” she says. “This court was given no reason to reject his evidence, and that evidence is accepted in total as true and reliable.”

Judge Masipa says Pistorius should be found guilty of recklessly discharging a gun in public, Nel’s first victory.

Defence lawyer Barry Roux is sitting in his chair, staring at the ceiling, Nel has his back to the defence, writing in a book.

08:01 GMT – Judge finds Pistorius guilty of negligently handling firearm in restaurant

Gun charges acquittal

07:55 GMT – Pistorius acquitted on one charge – Judge Masipa has acquitted Pistorius on one of his gun-related charges.

“The evidence placed before this court falls short of the required standard for the conviction in a criminal matter,” says Judge Masipa.

“This court’s conclusion is the state has failed to establish that the accused is guilty beyond reasonable doubt of this count and has to be acquitted,” she says.

Pistorius did not make any movement, his Uncle Arnold shifts in his seat.

June and Barry Steenkamp stare straight ahead at Judge Masipa, a member of the Myers family rubs the back of Steenkamp’s cousin, Kim Martin.

07:54 GMT – Judge Masipa says Taylor was not out to “falsely implicate the accused.”

Masipa said both Fresco and Taylor’s evidence was approached with “caution” by the court

“Taylor’s version has a ring of truth,” said Judge Masipa.

“The question is always whether the state has proved its case beyond reasonable doubt,” she says

07:52 GMT – Fresco is sitting beside members of the ANC Women’s League at the far side of the courtroom.

“Without prior warning he shot out of the sunroof,” said Fresco during his testimony, about Pistorius firing a gun out of a moving car.

“It is necessary to scrutinize the evidence of the two witnesses,” said Judge Masipa. “They both said that on their way from the Vaal the accused fired a shot through the sunroof while the vehicle was moving, however there the similarities ended.”

Judge Masipa criticized Fresco’s evidence.

“Fresco was not an impressive witness at all when he gave evidence on this count,” she said. “In fact he was proved to be a dishonest witness.”

07:43 GMT – Gun charges – According to state witnesses Darren Fresco, a former friend of Pistorius, and Samantha Taylor, Pistorius’ ex-girlfriend, the Paralympic gold medallist shot a gun out of a car’s sunroof after an altercation with the police.

Pistorius denies the charges, and says that Fresco and Taylor are conspiring against him.

“The accused took his firearm and shot through the open sunroof of the vehicle, both Fresco and the accused laughed about the incident,” said Judge Masipa, recapping Taylor’s version of the incident, which happened a couple of years ago.

07:42 GMT – My colleague Andrew Beatty reports that after a bit of confusion the judge has started addressing the additional charges of firing gun out of a car sunroof.

Pistorius stands accused of three firearms offenses, shooting a gun through a car sunroof, accidentally firing a gun in a Johannesburg restaurant and illegally possessing specialised ammunition.

07:39 GMT – If the homicide charge sticks, the Paralypian could face more than a decade in one of South Africa’s notoriously violent jails.

Legal experts yesterday voiced surprise that Pistorius was found not guilty of murder, and predicted the case would likely not rest with the verdict.

“Everyone is a little surprised,” lawyer Audrey Berndt said, adding that Judge Masipa “should have explained her reasoning a little more.”

07:36 GMT – Judge arrives – Judge Thokozile Masipa has arrived to the courtroom, where she has launched back into her judgement after yesterday’s cliffhanger, when she said Pistorius was “negligent” but did not elaborate on the verdict.

There are more police stationed inside the courtroom than usual, including some medics.

07:31 GMT – Uncle Arnold Pistorius looks in high spirits, is cracking a big smile as he chats with reporters sitting in the public gallery.

The back row of the courtroom is packed with members of the public who have come to see the trial.

07:27 GMT – Reeva Steenkamp’s parents, June and Barry, are both in court, both wearing white.

They are seated beside their lawyer, Dup de Bruyn, who has attended most of the trial along with June.

The Pistorius family has arrived, with the notable presence of Pistorius’ father, Henke. Pistorius has talked at length about how he does not get along with his father.

07:24 GMT – My colleague Stephanie Findlay in the court says Pistorius is sitting in the dock with his head bowed.

His lawyer Brian Webber is sitting reviewing documents, with his hand on his brow.

Pistorius defence lawyer Barry Roux has also taken his seat in the courtroom.

State prosecutor Gerrie Nel has not yet arrived.

07:19 GMT – Pistorius arrives at court – WELCOME TO AFP’S LIVE REPORT ON the Oscar Pistorius murder trial verdict. The celebrity athlete has arrived in court to face judgement for culpable homicide, a verdict that will decide if he walks free after his shock murder acquittal.

Surrounded by bodyguards, the sprinter pushed his way through the throng of media to get inside the Pretoria High Court, for what is expected to be the final day of judgement in his trial for killing his model girlfriend Reeva Steenkamp on Valentines Day 2013.

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