June Steenkamp rejected Oscar's 'blood money'
[caption id="attachment_50708" align="alignright" width="405"] SEEKING CLOSURE: Reeva Steenkamp's parents Barry and June arrive at the Pretoria High Court yesterday with family lawyer Dup de Bruyn Picture: GALLO IMAGES[/caption]
Reeva Steenkamp's mother June rejected a R375,000 payment from her daughter's killer, Oscar Pistorius, as "blood money", the High Court in Pretoria heard on Tuesday (14/10/2014).
"She rejects that, she doesn't want blood money," prosecutor Gerrie Nel told parole officer and social worker Annette Vergeer during cross-examination.
She earlier presented her report on Pistorius, which the defence had paid her to compile, to the court. In it she recommended that Pistorius get three years of correctional supervision and community service for killing Steenkamp.
Nel told Vergeer that Pistorius got the R375,000 from selling his car. It was paid into the trust account of the Steenkamp's lawyer.
Nel said he was concerned this was not mentioned in her report.
He asked her when she was told the Steenkamps had rejected the money.
"I can't confirm 100 percent but I think it was yesterday," she replied.
Nel also referred to monthly payments Pistorius had been making to the Steenkamps, as mentioned in Vergeer's report.
"Those moneys will be paid back to the accused in full, every cent," said Nel.
He wanted to know why this was not mentioned in her report. Vergeer replied the report was compiled during the trial.
On September 12 Judge Thokozile Masipa found Pistorius guilty of the culpable homicide of his girlfriend, model and law graduate Steenkamp, but not guilty of her murder. Pistorius had claimed he thought there was a burglar in his toilet when he fired four shots through the locked door in the early hours of February 14 last year, killing Steenkamp. The State had argued he killed her during an argument.
Masipa also found Pistorius guilty of discharging a firearm in public, when he shot from his friend Darren Fresco's Glock pistol under a table at Tasha's restaurant in Melrose Arch, Johannesburg, in January 2013.
Pistorius was found not guilty on two firearms-related charges - illegal possession of ammunition, and shooting through the open sunroof of a car with his 9mm pistol while driving with friends in Modderfontein on September 30, 2012. - Sapa
Disability not reason for non-imprisonment - Nel
Oscar Pistorius's disability should not be the reason he is not incarcerated, the High Court in Pretoria heard on Tuesday (14/10/2014).
Prosecutor Gerrie Nel asked social worker and probation officer Annette Vergeer during cross-examination: "Are you saying that disabled people should not be in prison?"
Vergeer responded: "That is not what I said... what I am trying to say My Lady is that it is more difficult.
"It is difficult for an able [bodied] person. So it will be more difficult for a disabled person."
She told the court that despite his disability, Pistorius coped "very well".
Vergeer said the paralympian's mobility in prison could be impaired when they took away his prosthetic legs.
"[It could be a] case for rape within the prison... gang rape. How can we say that he won't be exposed to that?" she asked.
"Whether his legs are taken away or not taken away, he will be exposed to that."
She added, "you cannot glue his legs to his body".
Nel said that there was no guarantee that Pistorius's legs would be taken away if he went to prison.
On September 12 Pistorius was found guilty of the culpable homicide of his girlfriend, model and law graduate Reeva Steenkamp, but not guilty of her murder.
Pistorius had claimed he thought there was a burglar in his toilet when he fired four shots through the locked door in the early hours of February 14 last year, killing Steenkamp. The State had argued he killed her during an argument.
Judge Thokozile Masipa also found Pistorius guilty of discharging firearm in public, when he shot from his friend Darren Fresco's Glock pistol under a table at Tasha's restaurant in Melrose Arch, Johannesburg, in January 2013.
Pistorius was found not guilty on two firearms-related charges - illegal possession of ammunition, and shooting through the open sunroof of a car with his 9mm pistol while driving with friends in Modderfontein on September 30, 2012. - Sapa
Parole officer assessment paid for by defence
The parole officer who recommended correctional supervision for paraympian Oscar Pistorius worked on the matter in her private capacity, the High Court in Pretoria heard on Tuesday (14/10/2014).
"It will be the defence that will pay you for this work done?" prosecutor Gerrie Nel asked Annette Vergeer during cross-examination.
"That is in fact so, My Lady," she replied, standing in the witness stand.
She was testifying during sentencing proceedings for Pistorius.
On September 12 Judge Thokozile Masipa found Pistorius guilty of the culpable homicide of his girlfriend, model and law graduate Reeva Steenkamp, but not guilty of her murder.
Pistorius had claimed he thought there was a burglar in his toilet when he fired four shots through the locked door in the early hours of February 14 last year, killing Steenkamp. The State had argued he killed her during an argument.
Vergeer told Nel she worked for the State and had a private practice.
She earlier told the court Pistorius should get three years of correctional supervision and community service for the killing.
Nel then asked her about a line in her report, which she compiled for the defence and read to the court earlier: "The accused has accepted responsibility for his actions within his framework."
Nel wanted to know what she meant by "within his framework".
After several minutes of back and forth discussion and Masipa intervening, Vergeer said: "That he fired shots through the toilet door because he thought there was an intruder... not because he intended to shoot and kill her."
During the exchange Steenkamp's cousin Kim Martins sighed audibly and looked up at the ceiling.
Masipa also found Pistorius guilty of discharging a firearm in public, when he shot from his friend Darren Fresco's Glock pistol under a table at Tasha's restaurant in Melrose Arch, Johannesburg, in January 2013.
Pistorius was found not guilty on two firearms-related charges - illegal possession of ammunition, and shooting through the open sunroof of a car with his 9mm pistol while driving with friends in Modderfontein on September 30, 2012. - Sapa
Prison will 'break' Oscar, court hears
Prison will "break" Oscar Pistorius because it leaves physically disabled people vulnerable, the High Court in Pretoria heard on Tuesday (14/10/2014).
"The exposure of the accused to the inmates on his stumps will have severe negative effects on the accused," probation officer and social worker Annette Vergeer said.
"It will only have a negative impact and in fact place him in danger. It will not assist him, it will break him."
She said Pistorius would find it difficult to walk on cement and slippery floors in prison.
Vergeer said condoms were freely available in prisons, while sodomy and rape in the overcrowded prisons in South Africa were common knowledge.
"One of the main problems is that the prison environment is not conducive to therapy," she said.
"Psychological treatment in the prison will be negative... It will break him further."
She said prisons did not have the facilities to provide therapy because statistics showed that 62 percent of inmates did not have access to social workers.
Making recommendations, Vergeer said that if the court decided to fine Pistorius it should be "incorporated to address the seriousness of the offence".
Correctional supervision is a strict sentence and sentencing should play a major role in the prevention of future crimes, said Vergeer.
"It is recommended that the accused be placed under house arrest for the duration of the sentence," she said
"No specific sentence option was suggested... Sentencing is left in the hands of the court."
Vergeer said Pistorius was carrying a "heavy load" for the death of his girlfriend Reeva Steenkamp and that he would continue to carry the load for the rest of his life.
She said the media coverage of his case contributed to his exposure.
"Sentence as direct imprisonment will severely impact on the accused as a person," she said.
"He does not appear to be such a danger to society that he should be removed... The impact of the death of the deceased has been a far worse on him..."
Barry Roux, for Pistorius, led Vergeer as she gave evidence in the athlete's sentencing procedures.
As Vergeer spoke, Steenkamp's cousin Kim Martins sat in the private gallery wiping away tears and shaking her head.
Steenkamp's parents Barry and June sat looking at Vergeer. Pistorius sat with his head down making notes.
On September 12 Pistorius was found guilty of the culpable homicide of his girlfriend, model and law graduate Steenkamp, but not guilty of her murder.
Pistorius had claimed he thought there was a burglar in his toilet when he fired four shots through the locked door in the early hours of February 14 last year, killing Steenkamp. The State had argued he killed her during an argument.
Judge Thokozile Masipa also found Pistorius guilty of discharging firearm in public, when he shot from his friend Darren Fresco's Glock pistol under a table at Tasha's restaurant in Melrose Arch, Johannesburg, in January 2013.
Pistorius was found not guilty on two firearms-related charges - illegal possession of ammunition, and shooting through the open sunroof of a car with his 9mm pistol while driving with friends in Modderfontein on September 30, 2012. - Sapa
Pistorius still a sought-after inspirational speaker
Oscar Pistorius's manager Peet Van Zyl says he continues to receive requests from organisations asking the Blade Runner to talk to audiences about his life story and the inspiration it gives.
On Monday Van Zyl testified in mitigation of sentence after Pistorius was convicted of culpable homicide for the death of his girlfriend Reeva Steenkamp last month.
On Tuesday, during cross-examination by prosecutor Gerrie Nel, Van Zyl told the court that he blames the media for the loss of some of Pistorius’s speaking opportunities due to misreporting of the Paralympian's murder trial.
Nel put Van Zyl through laborious cross-examination to show the court that the many charitable works undertaken by Pistorius and elaborated on by Van Zyl during his evidence were not unique to the athlete. Nel said these were common to many sportsmen and often these were obligations undertaken as part of sponsorship agreements.
Pistorius spent much of the cross-examination scribbling notes and passing these to his defence team.
He also avoided glares from his ex-girlfriend Samantha Taylor, former soccer player Marc Batchelor and businessman Jared Mortimer (reportedly involved in an altercation with the Paralympian at a Sandton nightclub in July). They were seated in the front row of the public gallery.
Nel will continue his cross-examination of Van Zyl when court resumes. Pistorius's defence team is then expected to call a probation officer as the final witness in mitigation of sentence. - Tymon Smith
Nel questions reason for Oscar honorary doctorate
Prosecutor Gerrie Nel on Tuesday (14/10/2014) rejected claims that Oscar Pistorius was awarded an honorary doctorate for helping provide prostheses to the disabled.
"You want this court to think he was bestowed a doctorate because of his charity work. It's not so," Nel put to Pistorius's manager Petrus van Zyl in the High Court in Pretoria during sentencing proceedings.
Nel read an extract from the speech given at the awarding of the doctorate by the University of Strathclyde in 2012.
"For what he's achieved at a young age through sport," Nel read, referring to the reason for the doctorate.
Van Zyl had claimed on Monday that Pistorius was awarded the doctorate for helping the university design prostheses and for his efforts to make them available to the disabled in poor countries.
As Nel rapidly read extracts from the speech Van Zyl stood in the witness box, following along in the text, his lips pressed together.
Barry Roux, for Pistorius, got up and objected to Nel only reading parts of the speech.
"I just want to get this in," Nel said, sounding irritable.
"Mr Roux knows he has an opportunity to re-examine the witness."
Pistorius sat still in the dock, wearing glasses, listening to the exchange.
Four police tactical response team officers in dark blue uniforms stood at the front of the court while a fifth one, in camouflage uniform, kept guard at the side door.
On September 12 Pistorius was found guilty of the culpable homicide of his girlfriend, model and law graduate Reeva Steenkamp, but not guilty of her murder.
Pistorius had claimed he thought there was a burglar in his toilet when he fired four shots through the locked door in the early hours of February 14 last year, killing Steenkamp. The State had argued he killed her during an argument.
Judge Thokozile Masipa also found Pistorius guilty of discharging a firearm in public, when he shot from his friend Darren Fresco's Glock pistol under a table at Tasha's restaurant in Melrose Arch, Johannesburg, in January 2013.
Pistorius was found not guilty on two firearms-related charges - illegal possession of ammunition, and shooting through the open sunroof of a car with his 9mm pistol while driving with friends in Modderfontein on September 30, 2012. - Sapa
Oscar’s fight to avoid jail
PSYCHOLOGICALLY distraught and racked by grief, a "broken" Oscar Pistorius could be gearing up to use his disability and promising career to stay out of jail.
During the first day of Pistorius's sentencing proceedings in the Pretoria High Court yesterday, his defence team went all out in its bid for his freedom.
Last month Pistorius, 27, was convicted of culpable homicide for shooting dead his girlfriend, former Port Elizabeth model Reeva Steenkamp, 29, on February 14 last year.
The first defence witness to take the stand in mitigation of sentence was Dr Lore Hartzenberg, Pistorius's psychotherapist.
Hartzenberg testified that Pistorius, who saw himself as worthless, was a broken young man, distraught with the knowledge that he had killed the love of his life.
She said Pistorius was deprived of an opportunity to mourn Steenkamp's death after being charged with murder.
"It exacerbated his guilt ... he remains in an unresolved spiral of grief ... suffering from posttraumatic stress disorder and depression," she said.
"He has a longing for Reeva and has not reached a state of acceptance.
"His remorse is unabated and he requires ongoing therapy."
Also testifying for the defence, Correctional Services social worker Mashaba Maringa said the fact that Pistorius was a first-time offender with a promising career made him a perfect candidate for correctional supervision.
"Our job is not to destroy people. They eventually return to society and we must help them contribute to their communities," he said.
Maringa's recommendations, if accepted by Judge Thokozile Masipa, 66, could mean Pistorius will undergo:
Three years' correctional supervision;
Sixteen hours of community service a month involving "domestic work" at a museum and a hospital; and
Trauma counselling, anger management and rehabilitation programmes. Maringa also recommended that Pistorius be banned from owning firearms.
Prosecutor Gerrie Nel, cross- examining Maringa, accused him of failing to apply his mind and of failing to read Masipa's judgment properly.
"What you are saying is shockingly inappropriate," Nel said.
"What is relevant is the degree of culpable homicide.
"That someone was grossly negligent must be taken into account. The sentence must be harsh."
Maringa reiterated that a custodial sentence was harsh and non- compliance would lead to incarceration.
Nel, asking Maringa if he knew what Pistorius's negligence was, said: "Objectively, Pistorius fired four times through the toilet door knowing someone was inside. He was not being attacked.
"He used a high-powered weapon. You made mistakes in the interpretation of the judgment."
Maringa said he was not going into the merits of the case and made his recommendations in the interests of society and based on Pistorius's personal circumstances, which included his resuming his career.
Law Society of the Northern Provinces president Llewelyn Curlewis, commenting on the sentencing procedures, said: "While first-time offenders should be kept out of jail, and courts must seriously consider other alternatives, the punishment must fit the crime."
Curlewis said Masipa had the ultimate discretion on what sanctions to impose.
"It depends on the offence's seriousness, interests of society and the accused's personal circumstances.
"All must be balanced to reach a just sentence."
He said the available sentences included imprisonment of up to 15 years, a fine or correctional supervision.
Gun Free South Africa spokesman Adele Kirsten said: "His sentence, if community service, must be relevant to the crime.
"The sentence, if non-custodial, must involve working with organisations dealing with the impact of gun violence and risks of gun ownership ... linked to disabilities like his. It must be appropriate." - Graeme Hosken
