State sets out Pistorius jail call

Written By Unknown on Rabu, 15 Oktober 2014 | 19.12

15 October 2014 Last updated at 12:47
Oscar Pistorius outside court

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LIVE: Day three of Oscar Pistorius' sentence hearing

Prosecutors are beginning to outline their case for South African athlete Oscar Pistorius to serve a jail term for killing girlfriend Reeva Steenkamp.

The first prosecution witness at the sentencing hearing is Reeva Steenkamp's cousin, Kim Martin.

Pistorius was found guilty of the culpable homicide of Ms Steenkamp last month - but was cleared of murder.

Meanwhile the Steenkamp family released a new statement saying they wanted no money from Pistorius.

The sentencing hearing is expected to last several days.

The defence argues a custodial term is inappropriate.

Prosecutor Gerrie Nel said that he would call three or four witnesses.

The first to take the stand is Kim Martin. With her voice breaking, Ms Martin said Reeva was the first baby she had ever held.

Ms Martin said Reeva was meticulous and hard working at school and that "family was everything to her".

'Carefully considered'

Wednesday's hearing had begun with Mr Nel continuing to cross-examine social worker Annette Vergeer.

The defence witness on Tuesday said that Pistorius should be placed under house arrest rather than sent to prison, because he would be "a lot more vulnerable than the normal man" in jail.

Mr Nel said her opinion of a sentence of house arrest plus community service was "shockingly inappropriate" and "cannot be considered".

"If the court sentence is too light, and society loses trust in the court, they will take the law into their own hands," Mr Nel said. "That's what the court has to guard against."

He said a suggestion of correctional duties working with underprivileged children would not take Pistorius out of his "comfort zone".

Ms Vergeer said there had been other cases of culpable homicide where the opinions she had put forward had been implemented.

Meanwhile, the family of Reeva Steenkamp issued a new statement on Wednesday, via their lawyer Dup de Bruyn, following revelations in court on Tuesday that Pistorius had made them monthly payments.

It had been revealed that the Steenkamps accepted monthly payments of 6,000 rand (£340; $540) from March 2013 to September 2014.

Oscar Pistorius

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In 60 seconds: Key developments in the trial of Oscar Pistorius

A statement issued by Mr de Bruyn said: "After Ms Steenkamp was killed... the parents were in financial difficulties.

"We were contacted soon afterwards by Mr Pistorius' lawyers with an offer that Mr Pistorius would contribute an amount... towards the parents' rental and living expenses."

The statement said Mr de Bruyn had also approached the Pistorius legal team over a possible civil settlement and was made an offer of $34,000.

"When the parents were made aware of this offer, they considered it carefully but decided, for various reasons, that they did not want any payment from Mr Pistorius," the statement said.

"This is also why we were instructed to advise that no civil claim would be instituted."

Any money received from Mr Pistorius - about $10,000 - would be paid back, it said.

Defence lawyer Barry Roux told the court on Wednesday his client had given the money "unconditionally" and did not want it back.

The Steenkamps' statement said they were surprised the payments had come out in court as it was the athlete who had asked for them to remain secret.

The Paralympic sprinter denied murdering Ms Steenkamp after a row on Valentine's Day last year, saying he shot her by mistake.

He faces up to 15 years in jail after being found guilty of culpable homicide, although the judge may suspend the sentence or impose a fine.

Ms Steenkamp, a 29-year-old model and law graduate, was hit three times by bullets shot through a toilet door by Pistorius at his home in the capital, Pretoria.

Inside Oscar Pistorius's home

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INTERACTIVE

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  • × Balcony

    Mr Pistorius said he and Ms Steenkamp had dinner at about 19:00 before going to bed at 21:00. He said he woke in the early hours, spoke briefly to his girlfriend and got up to close the sliding door and curtains.

    Judge Thokozile Masipa questioned the reliability of several witnesses who said they heard screams and gunshots between about 03:12 and 03:17, saying most had 'got facts wrong'.

  • ×

    Mr Pistorius said he heard the bathroom window sliding open and believed that an intruder, or intruders, had entered the bathroom through a window which was not fitted with burglar bars.

    Mr Pistorius said he grabbed his firearm and told Ms Steenkamp, who he thought was still in bed, to call the police.

    The judge said it made no sense that Ms Steenkamp did not hear him scream 'Get out' or call the police, as she had her mobile phone with her.

  • ×

    Mr Pistorius could see the bathroom window was open and toilet door closed. He said he did not know whether the intruders were outside on a ladder or in the toilet.

    He had his firearm in front of him, he heard a movement inside the toilet and thought whoever was inside was coming out to attack him.

    'Before I knew it, I had fired four shots at the door,' he said.

    The judge said she did not accept that Mr Pistorius fired the gun by accident or before he knew what was happening. She said he had armed himself with a lethal weapon and clearly wanted to use it. The other question, she said, was why he fired not one, but four shots before he ran back to the room to try to find Ms Steenkamp.

  • ×

    Mr Pistorius said he went back to the bedroom and noticed that Ms Steenkamp was not there.

    Mr Pistorius said this was when he realised she could have been in the toilet and rushed back to the bathroom.

  • × Bathroom

    Mr Pistorius said he screamed for help and went back to the bathroom where he found the toilet was locked. He returned to the bedroom, pulled on his prosthetic legs and turned on the lights before bashing in the toilet door with a cricket bat.

    When the door panel broke, he found the key and unlocked the door and found Ms Steenkamp slumped on the floor with her head on the toilet bowl. He then carried her downstairs, where he was met by neighbours.

3D animation of the apartment

A 3D animation of inside Oscar Pistorius' home

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Note: 3D model based on floor plan presented at Pretoria Magistrates' Court in 2013, Agencies and Eyewitness News.


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