What follows now will be a matter of a possible appeal by Oscar Pistorius and the reality that he could serve a lengthy jail sentence in connection with Reeva Steenkamp’s untimely death.
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Leach described the story of Pistorius and Steenkamp as a “human tragedy of Shakespearean proportions” whose legal aftermath was conducted in the glare of global attention.
Dolus eventualis refers to whether a person foresees the possibility that his or her action will cause death but carries on regardless.
That’s the chance Pistorius took when he fired hollow bullets created to fragment on impact from a 9mm pistol through the door of a “very small” toilet cubicle, Leach said.
The athlete, known for the carbon fibre prosthetic blades he uses when running, will be sentenced for the murder conviction by a lower court at a date still to be determined.
Leach said that although Pistorius had genuine beliefs his life was in danger, he should have acted more rationally.
“Four shots into a tiny toilet when you know somebody is on the other side, that person shooting knows he is going to hit the person. I feel it’s a fair decision that the judge gave”, Mr Steenkamp said in a brief interview on local television station ANN7, before breaking down in tears.
CNN legal analyst Kelly Phelps said that double jeopardy – a defense that prevents a criminal defendant from being retried on the same charges following a verdict – did not technically apply in the Pistorius case for two reasons.
“He ought to have been convicted not of culpable homicide but of culpable murder”, the judge added.
Without intention, the killing is ruled as manslaughter, or culpable homicide as it is known in South Africa.
The second reason, she said, was that the appeal “was based on a question of law, not a question of fact”. But exceptional circumstances in the case of the former track star, including time already served, his disability and status as a first-time offender, could mean he’ll get a lower sentence. It is possible that Pistorius could appeal the murder conviction, but only if it can be proved that the appeal justices violated his constitutional rights.
A spokesman for Pistorius stated that the team is considering all his legal options.
The trial also highlighted the issue of violence against women.
“I’m satisfied with everything now”, Barry Steenkamp said. “This simply marks the end of one phase and the beginning of another one”. The verdict was changed from the previous manslaughter, to which Pistorius had been sentenced to one year of house arrest.
Under the manslaughter conviction, Pistorius was sentenced to five years in jail.
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Most didn’t express their surprise, but it was widely believed that Judge Thokozile Masipa had made a mistake, and not applied the law correctly.
