Oscar Pistorius not guilty of murder, still faces culpable homicide charge

September 12, 2014

Sep 12: In a lengthy verdict phase climaxing Oscar Pistorius' trial, the judge said Thursday he can't be found guilty of murder but that he was negligent in the shooting death of girlfriend Reeva Steenkamp, raising the possibility he'll be convicted of culpable homicide.

PistoriesJudge Thokozile Masipa said she felt the double-amputee Olympian acted negligently when he fatally shot Steenkamp through a toilet door in his home in the predawn hours of Valentine's Day last year. In a moment of high-drama, she then stopped reading out her judgment in the six-month-long trial and adjourned until Friday. A formal judgment in the case that has riveted much of South Africa and the world is expected on Friday.

If Pistorius is acquitted of murder, he could still be sent to jail for years if convicted of culpable homicide.

While the judge did not announce a verdict, she said the prosecution had not proven beyond a reasonable doubt that Pistorius committed premeditated murder. She also ruled out a lesser murder charge, but said Pistorius may be vulnerable to being convicted of culpable homicide — in other words a negligent killing.

"I am of the view that the accused acted too hastily and with excessive force," Masipa said of Pistorius actions on the fatal night last year.

The world-famous athlete has acknowledged firing four shots through a toilet door in his home, hitting Steenkamp in the head, arm and hip area and killing her. He says he mistook her for an intruder. The prosecution alleges the athlete intentionally killed his girlfriend, a model and budding reality TV star, after a loud argument, which was heard by neighbors.

Culpable homicide normally carries a five-year jail sentence in South Africa when a firearm is used, but it can be changed by a judge depending on the specific circumstances of the killing.

"Culpable homicide is a competent verdict," the judge said.

Masipa said there were "just not enough facts" to support the finding of premeditated murder in Steenkamp's fatal shooting.

As the judge spoke, Pistorius wept quietly, his shoulders shaking as he sat on a wooden bench.

Masipa earlier told Pistorius, 27, he could remain seated on the bench while she read her verdict out and until she asked him to stand for the judgment.

Masipa described Pistorius as a "very poor witness" who had lost his composure on the stand and was at times "evasive," but she emphasized that did not mean he was guilty of murder.

Earlier, the 66-year-old judge cast doubt on witness accounts of hearing a woman's screams, a key part of the prosecution's case. Masipa said "none of the witnesses had ever heard the accused cry or scream, let alone when he was anxious," apparently acknowledging the possibility of the defense's argument that Pistorius had been the person screaming in a high-pitched voice after discovering he had fatally shot Steenkamp.

Masipa also cited testimony of an acoustics expert called by the defense, saying it cast "serious doubt" on whether witnesses who were hundreds of meters (yards) away in their homes — as some state witnesses were — could have differentiated between the screams of a man or a woman.

At one point, Masipa said: "I continue to explain why most witnesses got their facts wrong."

Masipa also said she was disregarding text messages between Steenkamp and Pistorius that had been entered as evidence. Prosecutors had submitted text messages that showed tension between them while the defense submitted messages that indicated mutual affection. That evidence, the judge said, doesn't prove anything.

"Normal relationships are dynamic and unpredictable most of the time, while human beings are fickle," she said.

Pistorius faced 25 years to life in prison if convicted of premeditated murder for fatally shooting Steenkamp through a toilet cubicle door in his home in the pre-dawn hours of Feb. 14, 2013. He also faced years in jail if found guilty of murder without pre-planning, or of negligent killing. Pistorius could also be acquitted if Masipa believes he made a tragic error and acted reasonably.

Earlier, Masipa began by outlining in detail the four charges against the Olympic runner: Murder, two counts of unlawfully firing a gun in a public place in unrelated incidents and one count of illegal possession of ammunition.

Before the session began, Pistorius hugged his brother Carl, who was seated in a wheelchair because of injuries suffered in a recent car crash.

The parents of Steenkamp were also in the packed gallery. Other members of Pistorius' family, including his father Henke, sat behind him.

If Pistorius is convicted on any charge, the case will likely be postponed until a later sentencing hearing.

There were many journalists at the courthouse, where the sensational trial has unfolded over the last six months.

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News Network
June 25,2020

Jun 25: After asserting that the 2011 World Cup final was "sold" by "certain parties" in Sri Lanka to India, the island nation's former sports minister Mahindananda Aluthgamage has now called his claim a "suspicion" that he wants investigated.

The Lankan government has ordered an enquiry into the matter and a special Police investigation unit recorded Aluthgamage's statement on Wednesday. He told the team that he was only suspicious of fixing.

"I want my suspicion investigated," Aluthgamage told reporters.

"I gave to the Police, a copy of the complaint I lodged with the International Cricket Council (ICC) on 30 October 2011 regarding the said allegation as then Sports Minister," he said.

Aluthgamage has alleged that his country "sold" the game to India, a claim that was ridiculed by former captains Kumar Sangakkara and Mahela Jayawardene who demanded evidence from him.

Set a target of 275, India clinched the trophy thanks to the brilliance of Gautam Gambhir (97) and then skipper Mahendra Singh Dhoni (91).

"Today I am telling you that we sold the 2011 world cup, I said this when I was the sports minister," Aluthgamage, who was the sports minister at the time, had stated.

Sangakkara, the captain of Sri Lanka at that time, asked him to produce evidence for an anti-corruption probe.

"He needs to take his 'evidence' to the ICC and the Anti corruption and Security Unit so the claims can be investigated thoroughly," he tweeted.

Jayawardene, also a former captain who scored a hundred in that game, ridiculed the charge.

"Is the elections around the corner...like the circus has started...names and evidence?" he asked in a tweet.

Aluthgamage said that in his opinion no players were involved in fixing the result, "but certain parties were."

Both Aluthgamage and the then President Mahinda Rajapaksa were among the invitees at the final played at the Wankhede Stadium in Mumbai.

Following his allegations, Aravinda de Silva, the former great who was the then chairman of selectors, has urged the BCCI to conduct its own investigation.

De Silva has said he is willing to travel to India to take part in such an investigation despite the current COVID-19 threat.

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News Network
April 9,2020

New Delhi, Apr 9: The legendary Kapil Dev on Thursday slammed Shoaib Akhtar's idea of a made-for-television three-match ODI series between India and Pakistan to raise funds for the Covid19 pandemic, saying "India doesn't need the money" and it is not worth risking lives for a cricket match.

Speaking to news agency, Akhtar on Wednesday proposed a closed-door series to jointly raise funds to fight the deadly virus both in India and Pakistan. Dev said the proposal is not feasible.

"He is entitled to his opinion but we don't need to raise the money. We have enough. For us, what is important right now is how our authorities work together to deal with this crisis. I am still seeing a lot of blame game on television from the politicians and that needs to stop," Dev said.

"Anyway, the BCCI has donated a hefty amount (Rs 51 crore) for the cause and is in a position to donate much more if the need arises. It doesn't need to raise funds.

"The situation is unlikely to get normal anytime soon and organising a cricket game means putting our cricketers at risk which we don't need to," said the World Cup-winning former captain.

Dev said cricket should not even matter for at least the next six months.

"It is just not worth the risk. And how much money can you make from three games? In my view, you can't even think of cricket for the next five to six months," he said.

Dev said the focus, at the moment, should only be on saving lives and taking care of the poor who are struggling to make ends meet in a lockdown situation.

"Cricket will resume when things get normal. The game can't be bigger than the country. The pressing issue is to look after the poor, the hospital workers, the police and all other people who are on the frontline of this war," said the 61-year-old.

As an Indian, Dev feels proud that his country is in a position help other nations including the United States.

President Donald Trump has thanked Prime Minister Narendra Modi for helping the United States with the supply of hydroxychloroquine, an anti-malarial drug being touted as a potential cure for Covid19 patients.

"Helping others is in our culture and I feel proud about that. We should not seek credit after helping others. We should strive to become a nation which gives more and more rather than taking from others," he said.

Like everyone else, Dev is at home and practising social distancing.

Asked how he views the current situation, he said: "Nelson Mandela stayed in a tiny cell for 27 years. Compared to that, we are in a privileged position (that we just have to stay at home for sometime)."

"There is nothing bigger than life at the moment and that is what we need to save."

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Agencies
August 3,2020

New Delhi, Aug 2: The finals of the Indian Premier League (IPL) 2020 will be played on November 20, the sources within the BCCI confirmed on Sunday.

The IPL's governing council met earlier today, and it has also been decided that the evening matches will start at 7:30 pm, half an hour earlier than usual.

Jay Shah, the secretary of BCCI (Board of Control for Cricket in India) and Arun Dhumal, treasurer of BCCI did not attend the IPL's governing council meeting.

"The tournament will run for 51 days, usually the IPL should go on for 49 days as per the constitution, however in the meeting it has been decided that we will go to Supreme Court for conducting the IPL in 51 days," sources within the BCCI said.

"As the tournament is running for 51 days, we will get the chance to play fewer doubleheaders, there would be just 10 double headers, evening matches will start at 7:30 and the afternoon matches will start at 3:30. 

The matches will be played across three venues at Abu Dhabi, Dubai, and Sharjah as travelling here by road is easier and bio-secure environment can be maintained," he added.

The IPL's governing council also confirmed that Women's IPL will also go on and four teams would be participating in it.

"When it comes to women's IPL, there would be four teams and the matches would be played at the time of playoffs for men's IPL," the source said.

The source within the BCCI also said that the governing council would be meeting again to discuss the Standard Operating Procedure (SOP) for all the franchises that need to be followed in the IPL.

The governing council meeting discussed the quarantine measures along with the standard operating procedures (SOP), bio bubble training facilities, stay and travel of the players.

Issues related to the broadcaster, shifting, and scheduling of the tournament, and DXB app to be downloaded for players and other officials were also discussed as well.

A few days earlier, the IPL Governing Council chairman Brijesh Patel had confirmed that the 13th edition of the mega event will commence on September 19 in the UAE.

This year's IPL was slated to commence from March 29 but the tournament was postponed due to the coronavirus pandemic.

The Emirates Cricket Board (ECB) had also confirmed receiving the official Letter of Intent from the BCCI to host the 2020 edition of the IPL.

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