AS IT HAPPENED: State wants 10 years behind bars for Oscar

2014-10-17 12:30

Get all the highlights from the State and the defence's closing arguments in the sentencing of Oscar Pistorius who was found guilty of culpable homicide.


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Last Updated at 08:43
17 Oct 13:04

17 Oct 12:49
Nel cites Dewani extradition again as proof SA prisons are able to hold Pistorius.

17 Oct 12:42
OP apparently looks tense, sore-eyed.

17 Oct 12:23

17 Oct 12:21
So yes, Pistorius will know his fate, he will be sentenced next Tuesday.

17 Oct 12:21

We will re-convene on Tuesday, 21 October 2014.

That's next week.

Court adjourns.

17 Oct 12:20
Masipa thanks both counsel. She's very impressed with how they conducted themselves throughout the trial.

17 Oct 12:19
If one can get by with a little bench, the surely in a prison cell one can do the same. - Nel

17 Oct 12:18
Roux, on employment, says Vergeer says they help people and urge that they find work, if not back to court.

17 Oct 12:17
Roux on money. Look at press release. It was not the accused offering money left, right and centre for the purposes of sentencing.

17 Oct 12:16
Roux wants to point out five mistakes. He starts with the railing in the shower. He says there's a built-in bench in the shower. 

17 Oct 12:14
Nel wants minimum of 10 years imprisonment.

17 Oct 12:14
My lady, that is my argument. The matter is so serious, in the interests of society, the accused must get prison time - Nel

17 Oct 12:12

Nel: if we have a correctional service that can't cater for him, we come back...but Modise made it clear they can cater for him.

Nel also says there's no basis to say that OP's legs will be taken away from him in jail.

17 Oct 12:10
Nel: We have he may or may not go back to athletics, he may or may not work for his uncle. "What would he do?"

17 Oct 12:09
Nel: I find it difficult to understand why the court will deal with this accused differently.

17 Oct 12:07
Nel: As far as this accused is conceded, he created a more dangerous situation by firing into the door.

17 Oct 12:05
Nel: In Vorster case - even he did not foresee that he might shoot someone.

17 Oct 12:04
Nel :We argue that the only reasonable sentence will be a long term of imprisonment.

17 Oct 12:02
Masipa assures Nel, Roux's paragraphs about the media will be disregarded.

17 Oct 12:01
Nel suggests OP has only himself to blame if he chooses to follow negative media coverage of his own trial.

17 Oct 12:00
Nel: No-one caused Mr Pistorius to read the media.

17 Oct 11:59
Nel says Vergeer conducted telephonic interviews with unidentified persons whereas Modise had visited international prisons and 35 years of service.

17 Oct 11:58
Nel: Why would Vergeer have outdated statistics and not current statistics?

17 Oct 11:56
Nel says State will argue that Vergeer's testimony was, basically, paltry.

17 Oct 11:55
Nel says as bad a witness as Annette Vergeer was, such a good witness Modise turned out to be.

17 Oct 11:54
Nel: Going out to nightclub, whatever happened, was not something a remorseful person would do.

17 Oct 11:53
Nel points out that OP's house had no railing in the shower or in the toilet. But for prison, suddenly he'll need railings.

17 Oct 11:52
Accused has coped brilliantly in life - he wanted to compete with able-bodied athletes, now 'shamelessly' uses disability.

17 Oct 11:51
Nel: Remorse is when an accused verbalises that he's sorry he fired shots through the door knowing there was someone behind it.

17 Oct 11:50
Nel says the accused's remorse isn't convincing - the fact that he's sorry she's dead can never be remorse.

17 Oct 11:48
Nel says he accepts the court's judgment but...

17 Oct 11:48
Nel moves on to personal circumstances of the accused. 'We have a poor witness with a plethora of versions.'

17 Oct 11:47
Nel: Remove this case from the spectrum of a momentary lapse of concentration. It's on the other side of the spectrum.

17 Oct 11:46
Nel on OP: I arm myself, I approach the bathroom with the intention to shoot. And then he shot her.

17 Oct 11:45
Nel: His actions overshadow all other cases quoted by the defence in their heads of argument.

17 Oct 11:45
Nel: He is not a victim. He cannot be a victim. He caused it!

17 Oct 11:44

His conduct tore a loved one from her family, it broke that family. He wants the court to believe that he's a victim. Feel sorry for me, the media victimised ME, when I want them to show what a great athlete I am, they're fine but not during my trial, says a clearly angry Nel.

I wonder if Nel is still feeling stung by Masipa's judgment.

17 Oct 11:41
Nel: If he wasn't negligent, she would have been alive. Court should take that into account. His whole conduct was negligent.

17 Oct 11:41
Nel: If the accused acted like a reasonable person, acted like a normal partner asking if RS had heard anything, she would have been alive.

17 Oct 11:40
Nel points out that Masipa herself found there were aspects of Pistorius case that "did not make sense..and we will never get answers".

17 Oct 11:39
We're not dealing with a car accident, an assault, we're dealing with OP firing four shots into a toilet cubicle. - Nel

17 Oct 11:39
Punishment should acknowledge the sanctity of human life, says Nel.

17 Oct 11:38

17 Oct 11:37
When somebody dies, there's nothing more serious - Nel

17 Oct 11:36
Nel: The size of the toilet; bullet calibre; ability to foresee; acted hastily; and used excessive force.

17 Oct 11:35
Nel: I asked "did you think of firing a warning a shot into the shower". OP answered that the shot would have hit him.

17 Oct 11:35
Nel lists a number of factors to be conditions that must be considered in determining degree of negligence.

17 Oct 11:34
Nel: Reasonable foreseeable consequences play a role and must be taken into account...

17 Oct 11:34
Nel quotes from judgment in Naidoo culpable homicide case.

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