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Monday, October 13, 2014

Former athlete in court to hear mitigation ahead of sentence for manslaughter of ... - Telegraph.co.uk


11.53 Recap of defence recommendations


To recap, the defence is calling for three years' 'correctional supervision' comprising:


House arrest

16 hours community service per month - cleaning

Allowed to do athletic training

Rehabilitation programmes on negative emotions and guns


11.55 Van Zyl describes Pistorius's horse race


Pistorius's manager Peet van Zyl mentions a promotional stunt in which Pistorius raced a horse in Qatar. That was not for charity, Van Zyl concedes, adding that they stayed on in Qatar to do charity work.


Pistorius won the race. You can watch it below.


11.52 Mitigation arguments moving fast


Proceedings are going unexpectedly quickly, as they did at trial.


11.44 Pistorius's own foundation


Van Zyl has described Pistorius's work with Lord Sebastian Coe and Sir Bobby Charlton, as well as charities such as Unicef and bodies such as the UN (Pistorius was a goodwill ambassador), in an effort to emphasise his good deeds prior to the shooting of Steenkamp.


Van Zyl describes Pistorius's efforts to establish his own foundation to work with landmine victims. Says they were approached by Gabon and Columbia and other countries. The foundation's slogan was to be 'Giving People Back the Gift of Mobility'.


11.34 Van Zyl lists Pistorius's charity work


Van Zyl is describing Pistorius' various charity endeavors, including Unicef and and Oakley-branded campaign to raise awareness about eyesight problems.


He says that Pistorius would donate his own money to fund prosthetics for people who got in touch with him.


11.33 Picture: Pistorius hugs his sister Aimee in court


(AP)


11.28 Next witness - Pistorius's manager


Defence lawyer Barrie Roux calls the next defence witness, Pistorius' agent and manager Peet van Zyl.


Van Zyl will testify on Pistorius's charity work. He will not be shown on television.


He was called by Pistorius immediately after the shooting, as Alex Crawford points out.


11.27 Eight hours' community service twice a month


Maringa tells Judge Masipa that Pistorius's community service would take the form of two eight-hour shifts, twice a month. He would perform tasks such as cleaning public institutions.


11.19 Recommendation of three years' house arrest


Maringa's report recommends three years correctional supervision - house arrest that would allow Pistorius to train and compel him to do 16 hours' community service.


Nel calls the recommended sentence "shockingly inappropriate".


Maringa says that the aim of the sentence is reform and rehabilitation. Says that he does not intend to "destroy" Pistorius but instead "reform him to be a suitable citizen".


11.15 Nel and witness argue over judgment


Maringa is claiming that Masipa's judgment did not assert that Pistorius intended to use his firearm as he approached the bathroom.


Nel stresses that the judgment does rule Pistorius had intention to use the gun, and accuses Maringa of not understanding the judgement.


"You have not applied your mind to the seriousness of the crime at all," Nel says.


11.11 Nel questions correctional officer


Gerrie Nel is questioning Maringa's understanding of the shooting incident, seeking to emphasise Pistorius's degree of culpability.


Nel rehearses the events of that night - the four shots Pistorius fired into the door, the type of weapon and ammunition designed to cause maximum damage.


"Those are all aspects of the deg of culpability of the accused, and you haven't even thought of those," he says to Maringa.


11.07 House arrest 'not a getaway' sentence


Gerrie Nel is cross-examining Maringa, a social worker with the correctional services department. Maringa says correctional supervision "is not a getaway sentence".


Quote It is in fact a hard sentence. If someone is sentence to correctional supervision and does not cooperate with the sentence, he can find himself back in court to face any other kind of sentence.


10.59 Defence calls for house arrest


Maringa says Pistorius is co-operative and that house arrest and 16 hours of community service per month would be a suitable punishment.


He recommends that Pistorius be compelled to attend programmes on handling negative emotions, firearms control, and trauma counseling, and that he should be banned from owning firearms and abstain from the use of alcohol and drugs.


10.50 Defence calls next witness


The defence has called its second witness of four: Joel Maringa. Maringa is a social worker for South Africa's Department of Correctional Services.


Maringa is asked whether he is happy to be shown on television. It turns out he has no choice in the matter as he is a public servant.


He is reading a prepared statement on the suitability of holding Pistorius under house arrest.


10.44 Nel finishes cross-examination


Gerrie Nel has finished a combative cross-examination of Dr Lore Hartzenberg, Pistorius's personal psychologist. He closed by questioning the exact nature of her role in this case. Dr Hartzenberg was in court throughout the trial, and Nel forced her to acknowledge that she cried along with him when he was compelled to remove his prosthetic legs for a reenactment.


Nel wants to highlight that she was hired by Pistorius in a personal capacity and not as an independent expert.


Dr Hartzenberg stresses that she treated Pistorius in her capacity as a trauma counselor.


10.33 Psychologist grilled about 'new relationship'


Gerrie Nel is grilling Dr Hartzenberg about reports that Pistorius is in a new relationship.


She says she is aware of the reports, but stresses that she did not ask about the relationship in the course of their counseling.


Nel is pushing her to give her opinion about the importance of a new relationship.


The relationship, with a student paramedic, was first reported at the outset of the trial, back in March .


10.30 Hartzenberg cross examination resumes


Court is back in session. Dr Hartzenberg, Oscar Pistorius's personal psychologist, is still on the stand. State prosecutor Garrie Nel's cross examination continues.


10.28 'Swelteringly hot day' in Pretoria


Erin Conway-Smith is in court, watching proceeedings.


This morning we saw the return of lead prosecutor Gerrie "the Pitbull" Nel, taking on Pistorius' psychologist in a lengthy cross-examination that is set to continue after the break. The soft-spoken Dr Lore Hartzenberg, who throughout the trial was often in court sitting with the Pistorius family and comforting the athlete, has seemed shaken by Mr Nel's aggressive style of questioning.


Earlier Dr Hartzenberg discussed her counselling sessions with Pistorius, focusing on his trauma and anguish at being portrayed negatively in the media. During their sessions he regularly broke down weeping and retching, she told the court. "We are left with a broken man who has lost everything," Dr Hartzenberg said.


It is a swelteringly hot spring day in Pretoria, and here in the packed courtroom family and friends of Pistorius and Reeva Steenkamp are fanning themselves to keep cool. Joining them in the public gallery is Kenny Kunene, a well-known South African nightclub owner dubbed "the Sushi King" for hosting lavish parties in which guests eat sushi off the bodies of scantily dressed women. Mr Kunene, a supporter of Pistorius, also attended the double-amputee sprinter's bail hearing last year.


A reminder that the arguments being presented in court are part of the sentencing process, with Judge Thokozile Masipa expected to hand down a sentence for Pistorius by the end of this week.


10.25 New courtroom security


We're still waiting for proceedings to resume. In the meantime, here's a picture of the new security installation in the courtroom. We don't know whether the additional security is a response to a specific threat.


10.18 Pistorius chats in court during break


Pistorius has been chatting to family members and court officials during the adjournment.


09.48 The scene in court


09.43 CCTV footage of nightclub brawl


Dr Hartzenberg appeared to reveal that CCTV footage exists of a brawl in July involving Pistorius. The brawl was widely reported, but the existence of CCTV footage, if true, is new.


09.38 Court adjourned for half an hour


Nel has requested an adjournment until 11.15am (10.15 BST) to go through Dr Hartzenberg's report in detail.


09.35 Picture: Pistorius in court


Oscar Pistorius with a member of his defence team.


(AFP/Getty Images)


09.29 Pistorius's nightclub visits


Nel asks Dr Hartzenberg about Pistorius's visits to a nightclub following the death of Steenkamp. She suggests his nights out were an attempt to "escape" from his post-traumatic stress disorder.


Pistorius got into a fight during one visit to a nightclub , and was criticised after witnesses claimed he was had a "scantily clad" woman sat on his knee.


09.23 Nel's agressive style


State prosecutor Gerrie Nel is continuing his agressive style of questioning.


09.19 Nel asks about former girlfriend


Nel moves his line of questioning onto Pistorius's former girlfriend Samantha Taylor. Dr Hartzenberg says they never discussed his relationship with Taylor.


But then asked again by Nel, she appears to concede that "he did mention it".


Quote It was not my focus of my therapy ... we didn't discuss he relationships in depth with the other girls, no.


09.11 Dr Hartzenberg did not read judgment


Nel has got Dr Hartzenberg on this: he forces her to concede that she has not read the judgment compiled by Judge Masipa. She says she knew he was convicted of culpable homicide, but stops short of claiming she read any more of the report.


Nel calls her "irresponsible" for compiling her own report and giving evidence in court without reading the judgment.


Asked by Nel if she was irresponsible, Dr Hartzenberg says she will leave it up to the court.


"You can't just leave things to the court to decide," Nel rejoinders. "I'm afraid it is not as easy as that."


09.08 Pistorius's future career


Nel is agressively questioning Dr Hartzenberg about the possibililty of Pistorius returning to the track.


The International Paralympic Committee said during the verdict hearings that Pistorius would be allowed to compete in its events in future, despite his conviction for culpable homicide.


Craig Spence, the IPC’s director of media and communications, told BBC Radio 5 Live: “Oscar’s done a great deal for the Paralympic movement, he’s been an inspiration to millions, but obviously his priority now is to see [what] the judge decides. And then if he wishes to resume his athletics career then we wouldn’t step in his way, we would allow him to compete again in the future.”


IPC Chief Executive Xavier Gonzalez said Pistorius had been a “fundamental ambassador” for the Paralympic movement.


09.06 Pistorius training again


09.01 Nel questions psychologist about Pistorius's future


Nel is grilling Dr Hartzenberg about whether she ever discussed Pistorius returning to athetic training and competition. She denies ever discussing his possible future career.


Quote We definitely did not discuss his future as an athlete, because when we sat there he had no future as an athlete.


08.57 Cross examination of Dr Hartzenberg


Gerrie Nel begins cross-examination of Dr Hartzenberg, Oscar Pistorius's personal psychologist. He asks: If Pistorius is a broken man, are the Steenkamp's not a broken family?


Nel adds:


Quote We are dealing with a broken man. But he’s still alive. He can still pursue his career and walk outside.


08.55 Pistorius a "broken man"


08.52 Post traumatic stress disorder


Dr Hartzenberg says Pistorius has been diagnosed with PTSD by various experts. She is describing the extent to which the event will continue to cause trauma to Pistorius. The defence is attempting to corroborate the appearance of Pistorius during the trial as extemely distressed and remorseful over Steenkamp's death.


Dr Hartzenberg calls the athlete "poor Mr Pistorius" and says that even although he appeared to lose his temper occasionally in court, he never did so in counseling sessions with her.


Quote I have never found him to be anything other than a respectful, caring and well-mannered person.


08.47 Pistorius distress over Steenkamps


Dr Hartzenberg says Pistorius was extremely distressed about not being able to contact Reeva Steenkamp's parents June and Barry.


After being rebuked in an attempt to speak to them, Pistorius felt he was "damned if he did and damned if he didn't", Dr Hartzenberg says.


08.43 More detail on Pistorius counseling sessions


Dr Hartzenberg gives more detail on Pistorius's condition during treatment. She says he often wretched, as he did in court during the presentation of the most graphic evidence, as well as pacing up and down and displaying other symptoms of anxiety.


She says his inability to attend her funeral and memorial left him unable to achieve "closure".


Pistorius's initial shock and frequent crying often disprupted the sessions, Dr Hartzenberg says. She says he has "not been able to reach a stage of acceptance and healing in his grieving process".


08.40 Psychologist describes counseling sessions


Quote He was very emotional, we couldn't conduct some of the sessions. Some were just him weeping and crying and me holding him.


Dr Hartzenberg says she gave Pistorius grief and trauma counseling.


She reiterates that she agreed with Pistorius not to be involved in the trial, but changed her mind,


08.35 Defence calls Pistorius psychologist


The first witness for the defence is Oscar Pistorius’s psychologist Dr Lore Hartzenberg. Dr Hartzenberg has a "therapeutic support" to Pistorius during the trial, she tells the court. She says she intended not to become involved in the trial, but that she decided after writing a report for the court on Pistorius's condition that she should give evidence.


Dr Hartzenberg is not being shown on the television coverage.


08.33 Court is is session


Judge Masipa has entered court. She confirms with the barristers for Pistorius and the state that the mitigation and sentencing is not likely to take more than one week. The defence will call four witnesses and the state two.


08.29 Erin Conway-Smith is in court


It feels a little like Groundhog Day in Pretoria with prosecutors, the defence, journalists and family members gathered again at the High Court. Oscar Pistorius has arrived, as have June and Barry Steenkamp, the parents of Reeva. Unusually, a security scanner has been set up at the entrance to the courtroom. It is unclear whether this is in response to a threat or other security concern.


We expect sentencing procedures to take most of the week, likely concluding Thursday or Friday. The defence will argue mitigating factors first, followed by the state arguing aggravating factors, likely tomorrow.


08.16 Barry and June Steenkamp arrive in court


Reeva Steenkamp's parents Barry and June Steenkamp are also in the courtroom. Their "victim impact statement" is due to be read in court.




Oscar Pistorius is seated in a courtroom at the high court in Pretoria (Mike Hutchings/AP)


08.13 Oscar Pistorius has arrived in court,


Pistorius has arrived accompanied by six heavily armed police officers, though his family is yet to join him this morning. Judge Masipa is in her usual seat too, ready to hear first of all the defence's mitigation arguments, before the prosecution makes its case for Pistorius to be sentenced for the maximum 15 year's jail sentence.


Pistorius arrives at the High Court in Pretoria (Reuters)


08.05 What sentence is Pistorius likely to face?


My colleague Harriet Alexander has this on broad range of sentences open to Judge Masipa:


For manslaughter, there are no minimum terms, which means that he could be given a suspended sentence.


He could also be ordered to do community service.


Alternatively, she could decide that the severity of the crime merits a prison sentence and send him to jail for a maximum of 15 years.


Legal experts in South Africa have been reluctant to state publicly their predictions for the sentencing, which will come after Gerrie Nel, the prosecutor, and Barry Roux, Pistorius's defence lawyer, have both put forward their arguments for mitigating or aggravating circumstances.


A commonly-held belief, however, is that he will be sentenced to between five and ten years behind bars


08.00 Oscar Pistorius sentenced today


Good morning. Oscar Pistorius returns to court this morning for the beginning of the final stage of his marathon trial. The former Paralympian and Olympian athlete was last month found guilty of the culpable homicide - equivalent to manslaughter - of his girlfriend Reeva Steenkamp on Valentine's Day last year.


Judge Thokozile Masipa ruled on September 12 that Pistorius was not guilty of murder – meaning that he escaped a mandatory life sentence and 25 years behind bars.


There is no mininum term for culpable homicide, meaning that Pistorius could receive a suspended sentence or be set free. The maximum term is 15 years in prison.


If he is jailed, Pistorius will most likely be housed near Pretoria at either Pretoria Central, Baviaanspoort, or the rural Zonderwater prison. Given his disability and fame, he is unlikely to be housed with other criminals.


We are likely to see up to two days of arguments before the sentence is passed.









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