Culpable homicide should have been Oscar’s charge

2014-08-08 11:27
Defence lawyer Barry Roux is seen during closing arguments in the murder trial of paralympian Oscar Pistorius. (Herman Verwey, Sapa)

Defence lawyer Barry Roux is seen during closing arguments in the murder trial of paralympian Oscar Pistorius. (Herman Verwey, Sapa)

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

Pretoria - Paralympic athlete Oscar Pistorius should have been charged with culpable homicide and not murder, his lawyer argued in the North Gauteng High Court on Friday.

Barry Roux, said the State's version that the athlete made up the fact that he mistook his girlfriend Reeva Steenkamp for an intruder when he shot her dead was not true.

Roux said Pistorius told the first people who arrived on the scene that he thought she was an intruder.

"He repeated that and went into the bail application before seeing the docket", Roux said.

"So on what basis are you saying that he is lying?"

Roux said Pistorius was negligent.

"That is culpable homicide. That is what the case should have been about."

Pistorius is charged with murdering Steenkamp on Valentine's Day last year.

Pistorius has denied guilt, saying he thought she was an intruder about to open the door and attack him. The State contends he shot her during an argument and it was premeditated.

Failure

Pistorius is also charged with three contraventions of the Firearms Control Act, one of illegal possession of ammunition and two of discharging a firearm in public. He has pleaded not guilty to these charges.

On Friday, Roux said the failure by the State to "leave out" evidence left question marks and could mean that the scene was disturbed.

He said State witnesses admitted that they had tampered with evidence. He showed the court two pictures. In one a hand could be seen holding open the bedroom curtain.

"Why was it necessary to keep it open? Why not take a photograph without someone holding the curtain open to gain a real view?" Roux asked.

He also dealt with a moved multi-plug and showed a photograph taken in the bedroom.

"The unfortunate consequence of that was that Mr Pistorius was cross-examined that there was no place for the multiplug", Roux said.

He argued that they had received a photograph from the State on Wednesday that showed a hand either removing or plugging in a plug.

"Was he putting it in or taking it out? What concerns us is that that photo was in the possession of the State.

"The State must have known about this."

Roux said there was no way the State could argue that the scene was not tampered with.

Read more on:    reeva steenkamp  |  oscar pistorius  |  barry roux  |  pretoria  |  pistorius trial  |  crime

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.

SHARE:

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
33 comments
Comments have been closed for this article.

Inside News24

 
PARTNER CONTENT
INFOGRAPHIC: New thinking required for retirement

Everything we believe about retirement is fast becoming outdated.

PARTNER CONTENT
WATCH: How education can change a life

A university education gives students the chance to create a better future for themselves, their families and to opportunity achieve their dreams.

/News
There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

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.

Settings

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.