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At Pistorius Hearing, Fervent Arguments Over Punishment At Pistorius Hearing, Fervent Arguments Over Punishment
(35 minutes later)
LONDON — Oscar Pistorius, the disabled South African track star, sat in court with his head bowed and seemed to sob on Friday as his defense lawyer made an impassioned plea to keep him out of prison after killing his girlfriend last year, saying “no punishment can be worse” than his anguish since the shooting. LONDON — Oscar Pistorius, the disabled South African track star, sat in court with his head bowed and seemed to sob on Friday as his defense lawyer made an impassioned plea to keep him out of prison after the athlete killed his girlfriend last year, saying “no punishment can be worse” than his anguish since the shooting.
The prosecution countered with a demand that he be sent to prison. “The minimum term that society will be happy with is 10 years’ imprisonment,” said the prosecutor, Gerrie Nel, in a morning of arguments seeking to sway Judge Thokozile Matilda Masipa as she considers Mr. Pistorius’s punishment.The prosecution countered with a demand that he be sent to prison. “The minimum term that society will be happy with is 10 years’ imprisonment,” said the prosecutor, Gerrie Nel, in a morning of arguments seeking to sway Judge Thokozile Matilda Masipa as she considers Mr. Pistorius’s punishment.
Before the killing of Mr. Pistorius’s girlfriend on Feb. 14, 2013, the chief defense lawyer, Barry Roux, said, “he was on the rise; he was like an icon.”Before the killing of Mr. Pistorius’s girlfriend on Feb. 14, 2013, the chief defense lawyer, Barry Roux, said, “he was on the rise; he was like an icon.”
Since then, Mr. Roux said, he had become “a person who’s down and out.”Since then, Mr. Roux said, he had become “a person who’s down and out.”
“He’s not only broke; he’s broken,” he said. “There’s nothing left of this man.”“He’s not only broke; he’s broken,” he said. “There’s nothing left of this man.”
His pain was “deep and permanent,” Mr. Roux said. “No punishment can be worse than the last 18 months.”His pain was “deep and permanent,” Mr. Roux said. “No punishment can be worse than the last 18 months.”
The lawyer was speaking on the fifth day of the sentencing phase of the trial, which was televised, in the North Gauteng High Court in Pretoria, South Africa. Judge Masipa convicted Mr. Pistorius, 27, last month of culpable homicide — equivalent to manslaughter.The lawyer was speaking on the fifth day of the sentencing phase of the trial, which was televised, in the North Gauteng High Court in Pretoria, South Africa. Judge Masipa convicted Mr. Pistorius, 27, last month of culpable homicide — equivalent to manslaughter.
She acquitted him of more serious murder charges after he said he shot his girlfriend, Reeva Steenkamp, a 29-year-old model and law graduate, by mistake in the belief that an intruder had entered his home.She acquitted him of more serious murder charges after he said he shot his girlfriend, Reeva Steenkamp, a 29-year-old model and law graduate, by mistake in the belief that an intruder had entered his home.
Defense witnesses have urged that, in light of his disability as a double amputee since infancy, Mr. Pistorius should be sentenced to house arrest coupled with community service. Mr. Roux urged the judge to heed the African tradition known as ubuntu, which has many meanings but usually signifies the idea that many together are stronger than one alone.Defense witnesses have urged that, in light of his disability as a double amputee since infancy, Mr. Pistorius should be sentenced to house arrest coupled with community service. Mr. Roux urged the judge to heed the African tradition known as ubuntu, which has many meanings but usually signifies the idea that many together are stronger than one alone.
The athlete was not “a person racing down the street, consciously committing a crime,” Mr. Roux said. “There has to be compassion.”The athlete was not “a person racing down the street, consciously committing a crime,” Mr. Roux said. “There has to be compassion.”
But Mr. Nel said that “weighed up against what he did,” the suggestion of house arrest for Mr. Pistorius was “shockingly disproportionate.”But Mr. Nel said that “weighed up against what he did,” the suggestion of house arrest for Mr. Pistorius was “shockingly disproportionate.”
The sentence “should not fail the parents,” he said, and Ms. Steenkamp “did nothing to contribute to her own death.”The sentence “should not fail the parents,” he said, and Ms. Steenkamp “did nothing to contribute to her own death.”
“She is totally innocent,” Mr. Nel added. “The only suitable sentence is long-term incarceration.”“She is totally innocent,” Mr. Nel added. “The only suitable sentence is long-term incarceration.”
The prosecutor said the judge should disregard arguments about Mr. Pistorius’s disability, recalling the runner’s appearance at the Olympic and Paralympic Games in London in 2012.The prosecutor said the judge should disregard arguments about Mr. Pistorius’s disability, recalling the runner’s appearance at the Olympic and Paralympic Games in London in 2012.
While Mr. Pistorius once pressed to compete against able-bodied athletes, Mr. Nel said, the runner “shamelessly” used his disability “as an excuse in mitigating arguments.”While Mr. Pistorius once pressed to compete against able-bodied athletes, Mr. Nel said, the runner “shamelessly” used his disability “as an excuse in mitigating arguments.”
After hearing both sets of arguments, Judge Masipa adjourned the court until next Tuesday. She will have wide discretion in sentencing. Culpable homicide may be punished with anything from a fine to 15 years in prison. Whatever she decides, both sides may appeal. After hearing both sets of arguments, Judge Masipa adjourned the court until Tuesday. She will have wide discretion in sentencing. Culpable homicide may be punished with anything from a fine to 15 years in prison. Whatever she decides, both sides may appeal.
In a land still riven with racial distinctions and grievances 20 years after the formal end of apartheid, her decision will be closely scrutinized for the balance it strikes. Leniency in particular could be taken as a sign that justice is still skewed toward a wealthy white elite.In a land still riven with racial distinctions and grievances 20 years after the formal end of apartheid, her decision will be closely scrutinized for the balance it strikes. Leniency in particular could be taken as a sign that justice is still skewed toward a wealthy white elite.