The judge in the Oscar Pistorius trial has ruled out all murder charges, but says he may still be guilty of culpable homicide (manslaughter).
Judge Thokozile Masipa said the prosecution had failed to prove the Olympic athlete killed his girlfriend deliberately in the toilet after a row, prompting tears from Mr Pistorius.
He cannot have foreseen killing whoever was behind the toilet door, she said.
(BBC, September 11, 2014)
I object!
For, with all due respect to Milady, it defies logic to find that a reasonable person cannot foresee that firing four bullets into a toilet stall would probably kill whoever is inside. Not to mention that this conduct comports with the textbook definition of depraved indifference for human life. And that’s murder … even in South Africa!
Frankly, there’s no denying that the prosecution presented sufficient evidence to warrant a guilty verdict on at least one of the murder charges. Except that, evidently, Judge Masipa gave Pistorius the benefit not just of a reasonable doubt but of any conceivable doubt. Only this explains her finding of not guilty on all charges related to murder.
But I shall leave it to legal pundits – who make a living prattling on about sensational cases and second-guessing rulings/verdicts – to elaborate on her judicial errors.
Truth be told, though, this judge had me thoroughly mesmerized as she read her judgment this morning. Not least because she heightened the suspense inherent in waiting for her verdict by reading so haltingly that it compelled me to hang on her every word.
In fact, she came across more like a drama queen giving a theatre performance than a judge delivering a courtroom judgment. Nothing affirmed this impression quite like the way she punctuated her reading throughout with dramatic pauses. But I was utterly stupefied when she adjourned proceedings with the words:
It is clear that his conduct was negligent. I will have to stop here. We’ll proceed tomorrow at half past 9.
(BBC, September 11, 2014)
As cliffhangers go, no Hollywood writer could have scripted a better one. After all, this came a mere 15 minutes after a long lunch break.
Still, ironically, what little she read during those 15 minutes clearly telegraphed her intent to find Pistorius guilty of culpable homicide. Therefore, if she timed her adjournment for dramatic effect, it was anti-climactic at best. But more time center stage for this diva in judicial garb – complete with her deceptively unassuming demeanor….
Except that her adjournment is now inflicting cruel and unusual anguish not just on Pistorius (who still faces jail time), but also on the victim’s loved ones (who have just cause to fret that Milady might pick up tomorrow by defying her own logic to find him not guilty of culpable homicide too).
Indeed, with respect to the latter, Judge Masipa gave the impression that her tongue lashing about his unreasonable conduct and evasive testimony is punishment enough for this already crippled Olympian….
Still, I remain convinced beyond a reasonable doubt that he’s as guilty as sin – as I stated for the record in “Oscar Pistorius Now South Africa’s O.J. Simpson…?” February 15, 2013. What’s more, I fully expect this judge to show more common sense, to say nothing of legal judgment, than the jurors who acquitted O.J. by finding Pistorius guilty of this lesser charge, and sentencing him to seven years in prison (after weighing all mitigating and aggravating factors).
Of course, apropos of my allusion to O.J., even if, with tortured reasoning, she lets Pistorius off scot-free (or finds him guilty but gives him little or no jail time), I have no doubt that, like O.J., he will get his just desserts … someday, someway.
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* This commentary was originally published yesterday, Thursday, at 12:24 p.m.