The judge in the Oscar Pistorius trial has ruled out a verdict of murder in the ongoing trial.
“It follows that the accused’s erroneous belief that his life was in danger excludes dolus. The accused therefore cannot be found guilty of murder, dolus eventualis. That however is not the end of the matter, as culpable homicide is a competent verdict,” said Judge Masipa.
The judge earlier ruled out a verdict of premeditated murder saying that the prosecution failed to prove he killed his girlfriend deliberately after an argument.
The South African Olympic sprinter denies murdering Ms Steenkamp on Valentine’s Day last year, saying he thought there was an intruder.
Pistorious will now not receive a life sentence but could still be found guilty of culpable homicide (manslaughter), which has a maximum of 15 years.
Judge Thokozile Masipa said “the state clearly has not proved beyond reasonable doubt that the accused is guilty of premeditated murder. There are just not enough facts to support such a finding,”
But she also rejected the defence’s argument that the athlete lacked criminal capacity.
The judge said she was satisfied the accused “could distinguish between right and wrong”.
She said he was an evasive witness but this did not mean he was guilty.
Earlier she questioned the reliability of several witnesses in court, while delivering her verdict on the athlete.
Correspondents say this could cast doubt on a key prosecution argument.
Mr Pistorius, 27, has pleaded not guilty to all the charges he faces, including two counts of shooting a firearm in public and the illegal possession of ammunition.
‘Insignificant’ evidence
Judge Masipa began by detailing the charges against the athlete and repeating extracts of his testimony, reading in a slow, measured way.
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Questions reliability of witnesses
The judge in the Oscar Pistorius trial has questioned the reliability of several witnesses in court, as she delivers her verdict on the athlete.
Judge Thokosile Masipa said humans were fallible, and may not have heard gunshots or screaming as they thought.
Correspondents say this could make a premeditated murder verdict unlikely.
Mr Pistorius denies intentionally killing Ms Steenkamp on Valentine’s Day last year, saying he thought there was an intruder.
The judge could also find him guilty of culpable homicide, or manslaughter, for which he would face a long jail term.
Mr Pistorius, 27, has pleaded not guilty to all the charges he faces, including two counts of shooting a firearm in public and the illegal possession of ammunition.
‘Insignificant’ evidence
Judge Thokosile Masipa began by detailing the charges against the athlete and repeating extracts of his testimony, reading in a slow, measured way.
A tense-looking Mr Pistorius looked on from the dock, and then began to weep.
Judge Masipa said that defence claims that police contaminated evidence and removed items from the crime scene “paled into insignificance”.
But she questioned the reliability of several witnesses who apparently heard screams and gunshots at the time of the incident, saying most of those who said they had heard the incident had “got facts wrong”.
The judge also said that the court would not make inferences about the state of the relationship between Mr Pistorius and Ms Steenkamp. The prosecution has suggested that it was “on the rocks”.
The BBC’s Andrew Harding says the court is witnessing Judge Masipa’s logic and style – gentle, tolerant of error from witnesses, but razor sharp.
And he says that her conclusion that the state had not contradicted Mr Pistorius’s version – that it was he who had screamed – suggests that a premeditated murder verdict is unlikely.
Correspondents say the judge appeared to be moving much more quickly than expected through the evidence, in a process which had been expected take hours or even days.
During his closing remarks last month, his lawyer Barry Roux conceded that the athlete should be found guilty of negligence for discharging a firearm in a restaurant – which carries a maximum penalty of five years.
Credit: BBC
For full details, see: Oscar Pistorius cleared of all murder charges.