Enough is enough, says Oscar's lawyer to State's sentence appeal bid

2016-10-12 22:53
Oscar Pistorius. (Phill Magakoe, Pool Photo via AP)

Oscar Pistorius. (Phill Magakoe, Pool Photo via AP)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Cape Town - "Enough is enough", says Oscar Pistorius's lawyer in papers opposing the State's attempt at keeping the "blade runner" behind bars for even longer for the murder of his girlfriend Reeva Steenkamp.

"This matter has been legally exhausted to a point beyond legal and human comprehension, as a result of which, the State's application evokes a feeling that enough is enough," Pistorius' attorney of record Andrew Fawcett said in his affidavit filed at the Supreme Court of Appeal on Wednesday.

Pistorius was originally sentenced to five years in terms of section 276 (1)(i) of the Criminal Procedure Act for the culpable homicide of Steenkamp in his bathroom in the early hours of Valentine's Day on February 14, 2013.

He said he thought a noise he had heard was a burglar in the bathroom. On his stumps, the world-famous amputee shot through the toilet cubicle door four times before it dawned on him that Steenkamp might have been inside the small room.

To his horror, when he opened the door he found her slumped on the floor and bleeding to death, he told Judge Thokozile Masipa between tears and vomiting at his trial in Pretoria in 2014.

Controversially, his sentence was an effective 10 months in prison, to be followed by correctional supervision.

The day before his release at the end of his 10 months, and having been told of his release date by the parole board and prison authorities, the Minister of Justice Michael Masutha suddenly intervened.

Fawcett said that Pistorius waited in prison for two months not knowing what was going to happen while his matter went through the parole review board and the parole board.

He waited for an agonising extra two months in jail, he said. His lawyer considers this a form of detention and solitary confinement because he was alone in a cell.

He was finally placed on correctional supervision.

Sentence 'anything but lenient'

In November 2015 the Supreme Court of Appeal overturned his culpable homicide conviction, and, finding in favour of the State, replaced it with murder. He had to be placed on bail again and the conditions were even stricter than his correctional supervision conditions.

There was further uncertainty as the matter was sent back to the trial court for sentencing and he had to wait until July 6, 2016 for the verdict.

This time Masipa sentenced him to six years; this was less than the expected 15 years for the crime of murder.

She did not include the one year he had already served and the correctional supervision period he had already served.

He started his new sentence on July 6, 2016.

Fawcett submits in the affidavit that Pistorius' sentence is "anything but lenient" if adding up the time he has already served, and will serve, and the time waiting for matters to be concluded.

"Furthermore, with respect, the fact that a person who is a public figure is not entitled to special treatment does not mean that he must be treated worse than other persons, as the respondent has in this case," Fawcett said.

Read more on:    oscar pistorius  |  crime  |  oscar pistorius trial

Join the conversation!

24.com encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.

Inside News24

How much food do you need to concentrate?

We have been taught that we need three meals a day in order to make it through the day and while most of us indulge in more than our fair share there is a large portion of South Africans who are living off barely enough to sustain them.


Book flights

Compare, Book, Fly

Traffic Alerts
There are new stories on the homepage. Click here to see them.


Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.

Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.


Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.

Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.