Perception that Oscar wanted to kill Reeva is a problem - Roux

2016-06-15 11:02
Barry Roux arrives at court (Karabo Ngoepe, News24)

Barry Roux arrives at court (Karabo Ngoepe, News24)

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Pretoria – There is a perception that Oscar Pistorius wanted to kill Reeva Steenkamp and this does not want to go away, his lawyer told the High Court in Pretoria on Wednesday.

“There was a perception created that the accused wanted to kill the deceased. The objective evidence is, [is] it not perhaps a different picture?” Barry Roux told Judge Thokozile Masipa during closing arguments for the sentencing of Pistorius for murder.

He said there was an inability in some parts of society to see Pistorius as a vulnerable man, with an anxiety disorder, 1.50m tall on his stumps, confronting what he believed was an intruder hiding in his bathroom, in the dark at 03:00.

"He is still portrayed in their minds and somewhere in the media as this person winning gold medals, the strong, ambitious person, 1.84m tall, and that would have the effect that the real facts become concealed.

“That perception perfectly attaches to the I-wanted-to-kill theory,” Roux said.

He added the Supreme Court of Appeal did not contest Masipa’s finding that Pistorius believed Reeva was still in the bedroom when he shot through the toilet door.

Roux compared Pistorius’s case to that of former Springbok rugby player Rudi “Vleis” Visagie.

He shot and killed his only daughter, Marle, 19, on May 23, 2004, thinking she was a thief driving off in his car. He was never prosecuted.

That case was also murder dolus eventualis. The accused foresaw that his actions could result in his killing someone, he reconciled himself to this possibility, and carried on.

Roux said everyone sympathised with Visagie and understood that it was possible to shoot at a person under a mistaken belief.

“The one should not be prosecuted and the other one sentenced to 15 years. It cannot be.”

The SCA overturned Masipa’s verdict of culpable homicide for Pistorius and replaced it with a verdict of murder. It said Pistorius intended to kill whoever was behind the toilet door, and that the victim’s identity was irrelevant.

Read more on:    oscar pistorius  |  barry roux  |  pretoria  |  pistorius trial

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