Pistorius jailed for killing Reeva Steenkamp

South African Paralympic athlete Oscar Pistorius has been jailed for shooting dead girlfriend Reeva Steenkamp on Valentine's Day last year, bringing an end to a seven-month trial that has gripped the world.

At the culmination of one of the most watched murder trials in recent history, the 27-year-old disabled sprinter was led away by police officers to holding cells beneath the courtroom in Pretoria.


Pistorius sat quietly as Judge Thokozile Masipa handed down a five-year sentence for culpable homicide and added a wholly suspended three-year sentence for a separate gun charge.

Oscar Pistorius, left front, greets his uncle Arnold Pistorius, right, and other family members as he is led out of court. Photo: AP
Oscar Pistorius, left front, greets his uncle Arnold Pistorius, right, and other family members as he is led out of court. Photo: AP

He wiped his eyes as Judge Masipa handed down the prison sentence but there was no immediate reaction from members of his family, or from relatives of Steenkamp, a 29-year-old law graduate and model.

"The following is what I consider to be a sentence that is just, both to society and the accused," said Judge Masipa.

"Count one, culpable homicide, the sentence imposed is five years," she said as a standing and pale Pistorius nodded slightly.

"The sentence imposes three years imprisonment, wholly suspended," she added on the gun charge.

"Justice was served," said Dup De Bruyn, the lawyer for the Steenkamp family. He told reporters the judge had given "the right sentence".

Pistorius' defence lawyer Barry Roux said he expected the jailed athlete to serve only 10 months of the five-year sentence behind bars, and the remainder under house arrest.

However, South Africa's state prosecuting authority disputed this opinion, saying Pistorius was likely to serve at least a third of his sentence in prison - effectively 20 months.


Judge Masipa said any punishment should ultimately "rehabilitate" the accused and help him "become a useful member of society."

"I have considered all the evidence placed before me, I have weighed all the relevant factors.

"I have also taken into account the seriousness of the offence which led to the death of the deceased.

"I have taken the particular circumstances of the accused at the time of the offence into account."

"I am of the view that a non custodial sentence will send a wrong message to the community," Judge Masipa added, looking up at the public gallery.

Oscar Pistorius hugs his father Henke Pistorius ahead of his sentencing at the North Gauteng High Court in Pretoria. Photo: REUTERS
Oscar Pistorius hugs his father Henke Pistorius ahead of his sentencing at the North Gauteng High Court in Pretoria. Photo: REUTERS

Pistorius arrived in court and, after talking to his lawyers, gave his dad Henke a big hug, both looking anxious and shaky, taking big, nervous breaths.

Dressed in a dark suit with a white shirt and black tie, the stony-faced 27-year-old stared straight ahead as he made his way through the melee.

Pistorius' uncle, Arnold, who has been the family patriarch throughout a seven-month trial that has made legal history as the first to be broadcast live throughout, struck a calm, assured tone.

"I never get nervous," he told reporters.

Oscar Pistorius (right) speaks with defence lawyer Brian Webber in court in Pretoria, South Africa. Photo: AP
Oscar Pistorius (right) speaks with defence lawyer Brian Webber in court in Pretoria, South Africa. Photo: AP

Judge Masipa began the hearing by reminding the court that the final decision rests entirely with her:

"Although I'm sitting with two assessors in this matter, the decision on sentencing is mine alone," she said, adding: "Sentencing is about achieving the right balance."

The courtroom was completely silent save for Judge Masipa's measured voice and the clatter of reporters typing on their laptops, AFP's Stephanie Findlay said.

Judge Thokozile Masipa speaks during the sentencing hearing of South African Olympic and Paralympic track star Oscar Pistorius at the North Gauteng High Court in Pretoria Photo: REUTERS
Judge Thokozile Masipa speaks during the sentencing hearing of South African Olympic and Paralympic track star Oscar Pistorius at the North Gauteng High Court in Pretoria Photo: REUTERS

Masipa said she wanted to find a balance between retribution, deterrence and rehabilitation, dismissing defence claims that the disabled athlete would face particular suffering in prison.

"It would be a sad day for this country if an impression were to be created that there was one law for the poor and disadvantaged, and another for the rich and famous," said Masipa.

She also weighed his ability to cope with incarceration given his physical disability.

"Yes, the accused is vulnerable, but he also has excellent coping skills," she said.

Discussing the gravity of Pistorius's crime, the judge said he had been responsible of "gross negligence".

"Using a lethal weapon, a loaded firearm, the accused fired not one, but four shots into the door," said Masipa.

"The toilet was a small cubicle and there was no room for escape for the person behind the door," she said.

Parents of the late Reeva Steenkamp, Barry and June Steenkamp, facing left and right, arrive in court in Pretoria, South Africa. Photo: AP
Parents of the late Reeva Steenkamp, Barry and June Steenkamp, facing left and right, arrive in court in Pretoria, South Africa. Photo: AP


Quoting case law, Masipa described sentencing as an "imperfect" and "imprecise" procedure.

"Finding an appropriate sentence is a challenge faced in our courts daily as sentencing is not a perfect exercise," says Judge Masipa.

"What complicates this even more is there may be more than one appropriate sentence in a particular case."

Outside the courthouse in the heart of the capital, members of the public mingled with reporters, some in support of Pistorius, others against him.

One man, Golden Miles Bhudu, stood on the pavement in orange prison clothes and wrapped in chains, holding signs questioning the notion of equality before the law and ridiculing Pistorius for his crying and retching during the trial.

"Why are certain offenders more equal than others before the law?" Bhudu's sign said. "He screams like a girl, he cries like a baby but he shoots like a soldier."

A protester with chains (left) looks on as Barry (centre) and June Steenkamp, the parents of Reeva Steenkamp, arrive ahead of South African Olympic and Paralympic sprinter Oscar Pistorius' sentencing at the North Gauteng High Court in Pretoria. Photo: REUTERS
A protester with chains (left) looks on as Barry (centre) and June Steenkamp, the parents of Reeva Steenkamp, arrive ahead of South African Olympic and Paralympic sprinter Oscar Pistorius' sentencing at the North Gauteng High Court in Pretoria. Photo: REUTERS

There are rumours the state will announce its intention to appeal Judge Masipa's decision, on her interpretation of murder.

Should the state decide to appeal, they will hold a press conference outside court after the sentencing decision.

The judge last month acquitted the double amputee sprinter of the more serious charge of murder over Reeva Steenkamp's death. But she found him guilty of culpable homicide, for which the punishment can range from a fine to jail time.

Pistorius claims he shot Steenkamp, a 29-year-old law graduate and model, four times through a locked bathroom door at his upmarket Pretoria home after he mistakenly believed she was an intruder.

Oscar Pistorius and Reeva Steenkamp in January, 2012. Photo: Getty Images
Oscar Pistorius and Reeva Steenkamp in January, 2012. Photo: Getty Images

His lawyers, arguing that Pistorius would be more vulnerable than most in prison because of his disability, have called for three years of "correctional supervision", the equivalent of house arrest for the 27-year-old.

They also suggested that Pistorius could carry out 16 hours of community service a month cleaning a Pretoria museum.

Prosecutor Gerrie Nel said such a sentence would be "shockingly inappropriate" and could cause South Africans to lose faith in their legal system.

- 'Guilt and ridicule' -

On the eve of the sentencing at the Pretoria High Court, Pistorius's siblings Aimee and Carl spoke to the media for the first time since the fatal shooting.

They vowed to stand by Pistorius as he faces his punishment and said the family had struggled to cope with the death of Steenkamp, of whom they had become fond in the few months the couple were together.

"It's important for us that they (Steenkamp's family) know that she was very much cared for and loved and accepted as part of our family in the short time that she was with us," said Aimee, who has sat through each court session since the trial opened in March.

"It's been difficult to try support someone through this grief," she told local tv station eNCA. "The guilt and ridicule that surrounds it as well as the exposure that has come with it, and just the heartache for both my brother, my family and of course the Steenkamp family."

Pistorius would at times weep and vomit during the high-profile trial, large chunks of which were broadcast live around the world, including on a specially-created 24-hour television channel.

Pistorius's older brother Carl said his family would "stand strong" but refused to speculate on the sentencing outcome. "I don't think one can ever be prepared for whatever the sentence might be," he said.

Legal experts were divided on which way Judge Masipa will swing.

"There is a strong argument to be made for certainly a period of direct imprisonment," said William Booth, a criminal lawyer based in Cape Town. "You do have to send a message to the public."

But even if Pistorius does not spend any time behind bars, Booth said he would not be getting off "scot free" as "correctional supervision is recognised as a fairly severe sentence".

Despite being unpalatable to many South Africans, a house arrest sentence would be fitting for Pistorius, said Kelly Phelps, a law lecturer at the University of Cape Town.

Defence lawyer Barry Roux said the "broken" Pistorius was an ideal candidate for a non-custodial sentence given his remorse, his status as a first-time offender and the fact that he would be an easy target in South Africa's notoriously brutal jails.

The athlete made history by becoming the first Paralympian to compete against able-bodied athletes at the 2012 London Olympics, inspiring millions with his story.

But during his trial the prosecution painted a darker picture of the one-time sports star, presenting a dangerously volatile young man with a penchant for guns, beautiful women and fast cars.

Both the state and the defence have the right to appeal the verdict, potentially dragging out the legal proceedings for years to come.

Whatever the outcome, Pistorius has lost his glittering sports career, lucrative contracts and -- above all -- his hero status, tarnished forever.

News break - October 21