Oscar Pistorius trial: sentencing continues – live

http://www.theguardian.com/world/live/2014/oct/14/oscar-pistorius-trial-sentencing-continues-live

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3.18pm BST15:18

Final summary

We’ve reached the end of the second day of Oscar Pistorius’s sentencing hearing. Here’s what happened today:

When court reconvenes on Wednesday morning, Nel will continue cross-examining Vergeer. Then we should begin to hear from the prosecution’s witnesses. We know from comments made by Nel today that one of them is a representative of South Africa’s prison system who will attempt to counter Vergeer’s testimony that SA jails cannot ensure Pistorius’s safety.

Thank you for following today’s coverage. We’ll be back tomorrow morning.

3.10pm BST15:10

There’s a fair amount of reaction to what happened in court today from relevant parties.

The Pistorius family have announced that they are unhappy with the characterisation of their offers of financial assistance to the Steenkamp family, and will be clarifying matters tomorrow:

#Pistorius statement: Version presented in court regarding events of payment is not accurate. Defense will give statement to court tomorrow.

The Department of Correctional Services, meanwhile – which oversees South Africa’s prison system – has indicated that it is displeased with the version of events given by witness Annette Vergeer, who described South African jails as being incapable of fulfilling any rehabilitative function:

Correctional services dept says its "noted with concern inaccurate serious allegations that sought to cast doubt" re SA prisons #OscarTrial

Updated at 3.10pm BST

2.58pm BST14:58

The South African Press Association has filed a report on an impromptu press conference held by the lawyer for the Steenkamp family, Dup du Bruyn, after court today.

The parents of Reeva Steenkamp, who was shot dead by her boyfriend Oscar Pistorius, were going to repay the R6000 monthly payments he made to them, their lawyer said on Tuesday.

“They needed the money, they needed to live, but they are going to pay the money back,” Dup du Bruyn told reporters after sentencing procedures in the High Court in Pretoria.

“When he [Pistorius] initially offered the money they accepted the offer because they needed the money but they will return it now,” Du Bruyn said.

“When he started giving them money the Steenkamps wanted to disclose it but Mr Pistorius wanted to keep it quiet.”

Du Bruyn said the monthly payments started in March last year and the last payment was made in September.

Earlier the court heard that Steenkamp’s mother June, rejected R375,000 Pistorius offered the family.

“She rejects that, she doesn’t want blood money,” prosecutor Gerrie Nel told parole officer and social worker Annette Vergeer during cross-examination.

Du Bruyn said plans for civil claims against Pistorius had been abandoned.

“Mr and Mrs Steenkamp do not want any money, the offer has been made and it has been rejected,” Du Bruyn said.

“There will be no civil case. They want closure and they want this to be over.”

He said that he had made certain deals but would not elaborate on what the deals were.

Updated at 2.59pm BST

2.18pm BST14:18

2.04pm BST14:04

More information is emerging about the money paid by Pistorius to the Steenkamp family every month, reportedly since soon after the shooting of Reeva Steenkamp last year:

Steenkamp family advocate confirms that he negotiated R6000 a month for them, they didn't want it to be public #oscartrial

The last payment was last month, but now they're in a position to repay it. Pistorius wanted to keep payments quiet #oscartrial

The Steenkamps don't want any money and there will be no civil case - they want closure. #oscartrial

1.58pm BST13:58

Court adjourns for the day

With social worker Annette Vergeer still under cross-examination, court adjourns until 9.30am (South Africa time) tomorrow.

1.53pm BST13:53

Nel asks Vergeer if she would change her mind about the unsuitability of a prison sentence for Oscar Pistorius if it were proved that a prison could cater for a disabled individual.

“No,” replies Vergeer, who says Pistorius is “vulnerable”.

She suggests that Pistorius would not receive the necessary psychological treatment.

Updated at 1.57pm BST

1.46pm BST13:46

Vergeer recommended that "Sunday Rapist" Jaco Steyn get correctional supervision for sexually assaulting 3 teen girls..@eNCAnews

1.37pm BST13:37

We are on to the question again of what Oscar Pistorius plans to do after the trial. Nel suggests that in another context, if the accused did not have a job or any firm future plans, that fact would count against him. Vergeer rejects this, saying it is just one of many considerations.

Vergeer says that Pistorius said he would consider his “options” after the trial. Under questioning, she concedes: “There are no options that I know of available”.

1.24pm BST13:24

Nel points out that Pistorius could be held in a private cell with toilet facilities #oscartrial Vergeer said there's only a basin.

1.14pm BST13:14

Nel tells Annette Vergeer that the prosecution will be calling a witness from Correctional Services to dispute her negative account of the conditions in South African prisons.

Nel suggests that Vergeer’s expertise on the condition of South African prisons is questionable:

Nel points out that Vergeer’s bleak descriptions of overcrowded #SA prisons relate to shared, group cells, not single ones. #OscarPistorius

Updated at 1.22pm BST

1.10pm BST13:10

Steenkamps turned down £25 000 from Pistorius as 'blood money'

It has emerged that the Steenkamp family rejected an offer from Oscar Pistorius of R375 000 (around £25 000) derived from the sale of his car. Nel said that the family did not want to accept “blood money”.

Nel also wishes to place on record that the Steenkamp family will be paying back “every cent” of monthly stipends (worth R6000, or around £338) paid by Pistorius to them.

Updated at 1.17pm BST

1.03pm BST13:03

Court resumes

Judge Thokozile Masipa has re-entered, and court is now back in session. Social worker Annette Vergeer is still on the stand, being cross-examined by state prosecutor Gerrie Nel.

1.01pm BST13:01

As we’ve noted before, if Pistorius avoids a prison term it is likely to evoke some public anger.

The South African Press Association reports on a man who stood outside the Pretoria courthouse this morning carrying a noose:

He did not want to give his name, but said he was there to highlight the country’s justice system.

“The death penalty was in South Africa for a long time,” he said.

“The justice system must give harsher sentences. That’s the bottom line,” he said before leaving.

Updated at 2.10pm BST

12.53pm BST12:53

Oscar Pistorius’s charity work under spotlight – watch:

Updated at 12.53pm BST

12.47pm BST12:47

Key points so far

Updated at 12.49pm BST

12.30pm BST12:30

Courtroom journalists are using the lunch break to obtain further confirmation of the monthly stipends which social worker Vergeer testified that Pistorius pays to the family of Reeva Steenkamp.

#OscarPistorius' agent tells me he's been managing the "significant" monthly payments to the Steenkamps, since March 2013.

Updated at 1.03pm BST

12.03pm BST12:03

12.00pm BST12:00

Court adjourns

The courtroom is taking its lunch adjournment for the next hour. When we return, social worker Annette Vergeer will continue to be cross-examined by the state’s Gerrie Nel.

11.55am BST11:55

Let's not forget that Judge Masipa was once a social worker. She was also once a crime reporter. She knows this better than all of us.

11.53am BST11:53

On trial today: #SA’s prisons. Overpopulation, sodomy, medication refused to prisoners who end up dead, Vergeer says. #OscarPistorius

11.52am BST11:52

Vergeer says that prison is “more difficult” for disabled people, on the back of testimony about the risks Pistorius might face if his prosthetic legs were removed from him.

“But prison is difficult for everybody,” Nel objects.

11.39am BST11:39

Nel is quizzing Vergeer about her familiarity with the details of the case and the degree to which Pistorius acted negligently, while Vergeer reiterates that she is “not a legal expert”.

Some intense legal sparring here between fierce prosecutor and experienced court witness. Nel baiting, Vergeer darting away.

Judge Thokozile Masipa to Vergeer: You may take days on this witness stand if you don't answer the questions. #Pistorius

11.31am BST11:31

Two witnesses thus far have recommended that Pistorius receive a sentence of “correctional supervision” rather than a jail term.

Respected South African legal consultant Amanda Dissel laid out some of the issues which have traditionally surrounded correctional supervision in a 1997 paper:

Since its introduction in all South African provinces, there has been increasing use made of this sentence. In 1995, the Department of Correctional Services had 37 000 offenders passing through this system with 80 percent successfully completing the sentence. However, correctional supervision is not without its problems. Many courts are reluctant to use this option as they do not see it as a sufficient punishment. Another problem is that many of the offenders do not live in areas which can be easily monitored. They do not have fixed addresses or employment, and so do not qualify for the sentence. Certain population groups, by virtue of their wealth and greater social stability, tend to qualify more readily for this option: more middle-class white people are being sentenced to correctional supervision than to imprisonment.

Updated at 11.35am BST

11.16am BST11:16

Nel has won from Vergeer the concession that the defence is paying her for the report she has submitted to the court on appropriate sentencing for Pistorius.

11.12am BST11:12

The defence’s Barry Roux has no further questions. State prosecutor Gerrie Nel steps up to begin the cross-examination of witness Annette Vergeer.

11.10am BST11:10

Will be interesting to see if state calls witness to refute Vergeer's very dismal portrayal of SA prisons. @eNCAnews #OscarTrial

11.06am BST11:06

Vergeer has painted a very negative picture of South African prisons and their potential impact on Pistorius, pointing to overcrowding, drugs, gangs, sodomy and the lack of facilities for disabled prisoners.

“He is clearly a broken person and will only deteriorate” [in prison], Vergeer said.

“Nothing will be achieved to incarcerate him,” she added.

Updated at 11.58am BST

10.58am BST10:58

Roux asks whether working with disabled children could be an alternative to cleaning #oscartrial

Vergeer: In the eyes of the public it may be important to make him do something he does not want to do. #Pistorius

10.54am BST10:54

'Prison would not assist him but break him' – social worker

A second social worker testifying for the defence has told the sentencing hearing of Oscar Pistorius that a custodial sentence would be inappropriate for Oscar Pistorius. She singled out his disability in particular as rendering prison an undesirable environment for Pistorius.

Vergeer also listed Pistorius’s young age, remorse, and the fact that he was a first offender as reasons why Pistorius should be kept out of jail.

Like previous witness Joel Maringa, Vergeer recommends that Pistorius should undergo house arrest for three years, with community service.

10.49am BST10:49

Vergeer: "His disability and state of mind would cause prison to be an excessive punishment." #Pistorius

10.48am BST10:48

'Pistorius pays Steenkamps monthly sum'

Witness Annette Vergeer has told the court that Oscar Pistorius makes a voluntary monthly payment to the family of Reeva Steenkamp, which she said was indicative of remorse.

10.46am BST10:46

'Highly unlikely that Pistorius will re-offend'

Social worker Annette Vergeer says Pistorius does not fit the profile of a repeat offender, though she stresses this is an opinion rather than a diagnosis.

10.44am BST10:44

The purpose of sentencing is not to satisfy public opinion

– Social worker Annette Vergeer, reading her report on appropriate sentencing for Pistorius

10.39am BST10:39

Vergeer consulted court documents and conducted interviews to compile her report. However, the lawyer handling the Steenkamp family’s civil claim against Pistorius – Dup de Bruyn – denied Vergeer access to the Steenkamps for an interview.

Vergeer says de Bruyn told her the Steenkamps’ feelings towards Pistorius were “neutral”.

Updated at 11.02am BST

10.33am BST10:33

Annette Vergeer, an Afrikaans woman with dark hair and a striking blond quiff, says she's put together an objective, neutral, report.

10.32am BST10:32

Annette Vergeer is no stranger to courtrooms. In 2012 she testified during the trial of South African musician Molemo “Jub Jub” Maarohanye, who killed four schoolchildren while drag racing. Vergeer recommended that Maarohanye receive a suspended sentence and community service, describing South African prison conditions as “devastating”.

Updated at 10.34am BST

10.28am BST10:28

Defence's final witness called

The witness that we believe will be the defence’s last has taken the stand. She is a social worker called Annette Vergeer.

10.25am BST10:25

No further questions from Barry Roux, so manager Peet van Zyl is excused from the witness stand.

10.19am BST10:19

Roux seeking to show that - while some of OP charity work linked to his sponsorships - he also used his own money to support charity

10.15am BST10:15

10.10am BST10:10

Court resumes

Court is back in session after tea at the North Gauteng high court, where state prosecutor Gerrie Nel has finished grilling Pistorius’s manager Peet van Zyl about whether the athlete’s charity work was as altruistic, or impressive, as van Zyl has maintained.

The defence’s Barry Roux will now re-examine van Zyl.

Updated at 10.18am BST

10.09am BST10:09

Maringa has got it dead wrong.

–Retired high court judge Chris Greenland, on South Africa’s Oscar Pistorius Trial Channel, addressing social worker Joel Maringa’s recommendation yesterday that Pistorius should receive three years of house arrest.

Updated at 10.11am BST

9.47am BST09:47

9.43am BST09:43

Court adjourns

State prosecutor Gerrie Nel has been granted an early tea break to go through his notes before witness Peet van Zyl, Pistorius’s manager, is released from the stand. It will only be a 15 minute adjournment.

Updated at 9.47am BST

9.42am BST09:42

Van Zyl is being pressed again on whether Pistorius intends to pursue a professional sporting career after the trial.

The manager again claims that Pistorius has not discussed the matter with him, but he sees opportunity for further philanthrophy in the athlete’s future.

Yesterday, the prison official said #Pistorius told him he wanted to return to the track. Hard to believe Van Zyl hasn't discussed this

Updated at 9.50am BST

9.35am BST09:35

Nel continues his forensic audit of #OscarPistorius charity work and what motivated it. Courtroom getting hotter, and sleepier.

9.33am BST09:33

Nel has returned to the trip Pistorius took to Doha in 2012 to race a horse – which his agent Peet van Zyl says was an opportunity to mix charity and business.

Pistorius’s performance against the horse attracted some criticism. Here’s Fulbright Scholar Holly Thorpe on the race:

Some attendees (including myself) and others around the world questioned the ethics behind this event. While clearly an entertaining spectacle for the Qatari elite and their friends, it is important to consider whether such an event is respectful of Pistorius as an individual and an athlete, or whether it merely reduces him to (another) paid performer for the wealthy. Pistorius surely had a choice in the matter, and during his presentations at the forum he came across as an incredibly articulate, thoughtful and socially conscious athlete. Yet I expect the financial incentive to race was such that he was willing to (temporarily) put aside any philosophical or moral concerns. Animal rights groups have also expressed concerns about the “barbaric” whipping of the horse that failed to start on cue.

Updated at 9.52am BST

9.03am BST09:03

Nel continues to claim that Pistorius’s charity work was essentially self-serving – and overblown by his manager. Not everyone agrees:

@RohitKachrooITV I'm a living proof he went so completely OUT OF HIS WAY to help others!! #mysonisadoubleamputee

Updated at 9.04am BST

8.56am BST08:56

Peet van Zyl testified yesterday that Pistorius received an honorary doctorate from the University of Strathclyde in 2012 as a result of his work on prosthetics.

Nel reads from the university’s citation to bolster his contrasting contention that Pistorius had the degree bestowed on him for his sporting achievements rather than his charitable endeavours.

8.47am BST08:47

Pistorius’s manager claims that the athlete is still in demand as a public speaker.

Van Zyl: "There are still people out there who want Mr #Pistorius to tell his story of inspiration and motivation to the world."

“Still?” asks Nel incredulously. “After he’s killed someone?”

Updated at 9.48am BST

8.44am BST08:44

“Do you perceive Mr Pistorius as a victim in this case?” Nel asks.

After some wriggling, van Zyl replies that Pistorius has nobody to blame but himself.

8.41am BST08:41

#OscarPistorius Nel suggesting that Oscar's contribution to charity wasn't unique, and used for self promotion.

Nel looking to show #OscarPistorius as obedient, self-interested, corporate client rather than self-less charity volunteer.

8.37am BST08:37

Yesterday, van Zyl testified that Pistorius was extensively involved in various charitable endeavours. Today Nel suggests that participation in charity projects is one of the most successful ways for professional sportspeople to market themselves – and that it would “not be clever” for sportspeople to decline high-profile invitations to participate.

Van Zyl concedes that this is the case.

Updated at 8.58am BST

8.34am BST08:34

Court resumes

With Judge Thokozile Masipa in the courtroom, the second day of Oscar Pistorius’s sentencing hearing is set to begin. The athlete’s manager Peet van Zyl will be cross-examined by state prosecutor Gerrie Nel.

8.21am BST08:21

Journalists in the courtroom speculate that it may take the prosecution the best part of two days to present their arguments:

A state source says that they expect to wrap up with their #Pistorius sentencing witnesses by Wednesday, latest Thursday morning 1/2

Updated at 8.28am BST

8.19am BST08:19

While Pistorius’s defence team may be pushing for house arrest, South African news outlets are reporting that, as expected, the state will be arguing for the most punitive possible sentence for Oscar Pistorius.

The Mail & Guardian quotes National Prosecuting Authority spokesperson Nathi Mncube:

He was convicted of culpable homicide, somebody lost a life and we think that deserves the harshest sentence

8.11am BST08:11

If you missed yesterday’s events, here’s a short package of the first two witnesses’ testimony, and state prosecutor Gerrie Nel’s response to the idea that Pistorius be given three years’ house arrest: “Shockingly inappropriate”:

Updated at 8.12am BST

8.08am BST08:08

Morning summary

Welcome to the Guardian’s continuing live coverage of the sentencing of athlete Oscar Pistorius, who was found guilty of culpable homicide in South Africa last month after shooting his girlfriend, Reeva Steenkamp, on the morning of 14 February 2013.

Today is the second day of a hearing which is expected to conclude by the end of the week. When we resume today, we will continue to hear from witnesses for Pistorius’s defence.

On Monday, three defence witnesses took the stand to give evidence and be cross-examined by the prosecution.

Van Zyl will still be on the stand when court reconvenes this morning. Bar any surprises, there should be one further defence witness after van Zyl – rumoured to be another social worker – before the prosecution’s witnesses begin to give evidence.

Read our quick recaps here:

The Guardian’s David Smith will be in the courtroom in Pretoria. Follow him on Twitter for updates and breaking news at @SmithInAfrica, and read his report on yesterday’s proceedings here. Yesterday’s live blog on the court proceedings can be found here.

Updated at 10.07am BST