10:50 am
But, the defence still said that the accused was not criminally liable.

They said the court should consider Pistorius' "increased startle response", which is reflexive.

They said he lacked capacity in the "involuntary reflexive response".

But Judge Masipa says: " I disagree. There is a huge difference between a reflex action and involuntary action."

The latter has the hallmark has a defence of non-pathological insanity and suggests the accused had no control. It is clear this is not the case because of the steps the accused took for the moment he heard the sound to when he fired the four shots.

He took a "conscious decision" she says. He knew where he kept his firearm, and he knew where his bathroom was. This is inconsistent with a lack of criminal capacity, she says.

10:46 am
Judge Masipa says that after psychiatric evaluation, it was concluded Pistorius did not suffer from a mental disorder which would have effected his ability to distinguish between the "rightful or wrongful nature" of his actions.

He was capable of distinguishing between right and wrong.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

10:55 am
The second defence, says the judge, was that the accused intentionally discharged the shots in the belief the 'intruders' were coming out of the toilet to attack him.

But the accused's own evidence was the he did not intend to shoot at anyone.

And yet, he armed himself with a loaded firearm and approached 'danger'.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

11:03 am
Judge Masipa says Pistorius was an "evasive witness" and failed to listen to question, appearing "more worried about the impact of answers".

He even blamed his defence at times.

11:01 am
Pistorius a 'very poor witness'

The judge says Pistorius was a "very poor witness" and lost his composure under cross-examination.

His defence sought to explain this by saying the accused was suffering from enormous emotional distress.

But the judge says this "does not make sense" because he only lost his composure under cross examination when he contradicted himself.

10:57 am
The court accepts that Pistorius used fight rather than flight, and takes the vulnerability as a result of his disability into account.

But he is not unique in this - women, children and others with disabilities would fall into this category.

But would it be reasonable if they armed themselves with a firearm? "I don't think so."

"The accused clearly wanted to use the firearm," she says. "But the intention to shoot does not nessecarily mean an intention to kill."

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

11:05 am
She says Reeva was killed under "very peculiar" circumstances.

The judge says it makes no sense that he did not find out where Reeva was, or why he didn't ask her if she had heard any noises.

It makes no sense that Reeva did not hear him screaming for the 'intruders' to get out.

Another question is why the accused fire not one, but four shots.

The judge says Pistorius was "not truthful" when asked about his intentions when he armed himself.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

11:21 am
Pistorius is crying during this short break, as his sister Aimee kisses him in the dock.

The judge comes back.

She is outlining the legal principles now behind murder and culpable homicide.

11:11 am
But the judge says someone lying in court does not necessarily mean they are guilty.

On count one - premeditated murder - the judge says the evidence in circumstantial.

The timeline "tipped the scales in favour of the accused's version in general".

The evidence failed to establish the accused had direct intention or premeditation.

The state did not prove premeditated murder beyond reasonable doubt.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

11:28 am
She says the blow was meant for the person behind the toilet door, which Pistorius believed was an intruder. We are dealing with an "error in persona".

The fact that the person behind the door turned out to be the deceased and not the intruder is irrelevant, the judge says.

The main question is - did he have the intention to kill the person behind the door? And would a reasonable man in his position have acted the same way?

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

12:08 pm
As Judge Masipa announced Pistorius could not be found guilty of murder, the athlete broke down in convulsing sobs.

With shoulders heaving, he was overcome with emotion in the dock.

His family members rushed to comfort him, including sister Aimee and brother Carl.

11:57 am
Culpable homicide verdict still possible

The judge still has to rule on the charge of culpable homicide.

This verdict implies negligence and not malice.

Judge Masipa will deliver that decision after the lunchbreak.

11:36 am
Pistorius 'cannot be found guilty of murder'

It follows that the accused cannot be found guilty of murder - dolus eventualis.

But, culpable homicide still a possibility.

11:35 am
However, the judge says evidence does not support state's claim of dolus eventualis - a secondary murder charge.

Pistorius is gulping for air.

11:33 am
Pistorius says he had no intention to kill anyone.

There is nothing to suggest his belief that he was in danger was not "honestly held", says the judge.

But when he fired shots through the door he acted unlawfully.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

LUNCH

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

12:41 pm
Relief for Pistorius' family

During lunch Oscar's family went to the local cafe and joked with reporters. All seem very relieved.

Aimee and Uncle Arnold had large smiles.

Oscar is now back in the dock waiting for the judge to rule on culpable homicide and three gun charges.

12:36 pm
The court is filling up again ready for Judge Masipa to continue her verdict.

Pistorius has been comforted by his Uncle Arnold, and the legal teams are resuming their places.

Meanwhile, Reeva's friend Gina Meyers has been consoled by family after hearing this morning's proceedings.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

12:50 pm
What has Pistorius been cleared of?

The Paralympian was cleared of both premeditated murder and murder.

Premeditated murder is where the accused has been shown to have plotted to kill, but Judge Masipa told the court 'the case had not been made' for this most serious offence.

It would have meant Pistorius knew his girlfriend was in the bathroom and had thought about killing her before grabbing the gun and pulling the trigger.

If he had been convicted of this, Pistorius would have faced a life sentence with no possibility of parole for 25 years.

The judge has also said Pistorius 'cannot be found guilty of murder', the second most serious offence. This would have meant he intended to kill whoever was behind the door but there was no 'malice aforethought'.

He could have shot to kill a burglar, or Reeva, in a crime of passion. If convicted of this offence, Pistorius would have faced a minimum mandatory jail sentence of 15 years.

He could still be convicted of culpable homicide - equivalent to manslaughter in the UK.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

1:04 pm
We expected the judge to return form the lunch adjournment 30 minutes ago.

Prosecutor Gerrie Nel and defence barrister Barry Roux appear to have gone into judge's chambers.

Carl Pistorius blows a kiss to his sister Aimee as those in court speculate on why the prosecution and defence have left the room.

1:01 pm
Pistorius' brother Carl turns around and winks at Oscar as they wait for the judge to return after the lunchbreak.

Pistorius has been overcome with emotion for much of the hearing, sobbing when he heard the judge was clearing him of the premeditated murder and murder charges.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

1:21 pm
Judge says Pistorius' bathroom window was not burglar-proofed, but there are many people in this country that have no security at all.

With a fight, not flight response, he was not expected to run from the danger.

However, there were other means available to him to deal with the danger, such as the security services on his estate on police.

He could have screamed from his balcony, she says.

There is no reason or explanation why he could not do so before he shot into the bathroom with a loaded firearm.

1:19 pm
The judge says the "reasonable man" evolves with the times - what was reasonable in 1933 would not be reasonable today.

When thinking about what was reasonable, the accused's educational level, background, race and sex must be taken into account.

The defence said the accused's disability left him vulnerable, so could not be found guilty of negligence.

1:16 pm
Hearing resumes

Judge Masipa begins dealing with the question of negligence in culpable homicide cases.

She refers to the "reasonable person" test - would a reasonable person have acted in the same way as the accused.

1:13 pm
The judge is coming back from an extended lunch break.

Proceedings will resume shortly.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

1:28 pm
The judge says Pistorius used excessive force and acted too hastily.

His conduct was negligent, she says.

The judge adjourns the hearing until tomorrow.

1:26 pm
The accused had reasonable time to reflect, says the judge.

She adds: "I am not persuaded that a reasonable person in the same circumstances would have fired four shots into the small toilet cubicle."

Pistorius knew there was a person behind the door and chose to use his gun - a lethal weapon.

1:24 pm
Judge says calling security probably would have taken as much time as it did to go to the bathroom.

The defence said the Blade Runner grew up in a "crime-riddled environment", which placed the accused in a unique category of people.

And the judge says the athlete's conduct can be better understood by looking at his background - but it is not an excuse.

Many people in South Africa experience crime, she says, and they don't sleep with a gun by their bed.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

The State vs Oscar Pretorius (Murder 1)



Trial Day 43 JUDGEMENT DAY 2

Start 9:30 AM Friday (9-12-14)

9:00AM J/Burg ----> 3:00AM ET ----> 2:00AM CT ---->1:00AM MT ---->12:00AM PT
(Times amended to include US clocks moved one hour forward)





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Live Blog

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_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

Live Blog - Daily Mirror

http://www.mirror.co.uk/news/world-news ... ve-4203521


6:22 am
If Pistorius is found guilty of culpable homicide, the verdict would be at the discretion of the judge.

There is no minimum jail term for the offence, and the athlete could even avoid a custodial sentence completely.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

8:05 am
Reeva's family arrives

Reeva Steenkamp's family has arrived at the High Court in Pretoria for the second day of the verdict hearing.

Yesterday, the model's mother June put her hands to her face and looked devastated as she heard Pistorius would not be convicted of murder.

Her father Barry sank his head onto his folded arms in despair.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

8:09 am
Pistorius arrives at court

Oscar Pistorius has just arrived at court.

He will find out within hours if he will be convicted of culpable homicide over Reeva's death.

The judge will also deliver verdicts in relation to the three firearm charges he faces.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light