I am on record declaring my belief that Oscar Pistorius is “as guilty as sin,” and predicting that Judge Masipa would sentence him to seven years in prison (after weighing all mitigating and aggravating factors).
Well, today was judgment day for the disgraced Paralympian.
Before commenting any further, however, I feel constrained to note that many commentators criticized Judge Masipa’s legal reasoning when she convicted Pistorius of (the lesser charge of) culpable homicide instead of premeditated murder. I was among them.
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!
(“Oscar Pistorius Gets Off on Murder. Manslaughter Looms,” The iPINIONS Journal, September 12, 2014)
Some commentators even insinuated that she harbored sympathies that would preclude her from sentencing him to any time in prison. I was not among them.
It’s in this latter respect, at least, that Judge Masipa vindicated her legal reasoning, as well as her judicial independence, courage, and temperament, by imposing a sentence that is worthy of King Solomon:
Having regard for the circumstances of the matter, I am of the view that a non custodial sentence would send the wrong message to the community; on the other hand a long sentence would not be appropriate as it would lack mercy.
(South Africa Mail & Guardian, October 21, 2014)
Granted, I was off by two years. But my prediction of seven years seems positively clairvoyant when compared to the consensus among legal experts, which had Pistorius getting off with a “wholly suspended” sentence.
All the same, as I am not one to gloat … too much, here are a few points to serve as my closing statement on this tragic case and Oscar’s fall from grace:
- Even though I would have found him guilty of the more serious charge of premeditated murder, I believe justice was served. Not least because, like beauty, justice is so often in the eye of the beholder.
It spoke volumes, and made a mockery of the able-bodied persona he advertised, that Pistorius pleaded for mercy by claiming that his disability would make it impossible for him to cope (for any period of time) in prison.- In trademark fashion, Twitter is fueling outrage borne of ignorance – much of it stemming from rumors about Oscar getting out in 10 months. In fact, that’s only when the law allows him to apply for house arrest, which even then would include 24/7 corrective supervision and severe restrictions on his freedom for the remainder of his five-year sentence. House arrest would surely bar him from participating in athletic competition, which makes today’s piggyback decision by the International Paralympic Committee to ban him for five years as opportunistic as it is spineless.
- Even though Judge Masipa had discretion to sentence Pistorius to as many as 15 years, the sentence she handed down is entirely consistent with the majority of sentences for convictions on charges of culpable homicide in South Africa (e.g., The State vs Mapipa – four years; The State vs Nikelo – five years; and The State vs Nesane – eight years).
It’s an indication of how politicized this case became that members of the ANC Women’s League (ANCWL) are condemning this (Black) female judge for presiding over what they deem is a “sad” miscarriage of justice. But all you need to know about these women, to put their catcalls into perspective, is that they were in the vanguard of those defending President Jacob Zuma after he was indicted for raping a girl – who he knew was HIV-positive and considered him a surrogate father. In fact, during his trial, scores of ANCWL members held supportive rallies outside the courthouse, during which they hurled insults (and stones) at the female anti-rape campaigners with whom they should have been rallying in solidarity.- It speaks volumes, and makes a mockery of those expressing outrage, that both Reeva and Oscar’s families say they are “satisfied” that justice was served and intend to “accept” the sentence Judge Masipa handed down.
Case closed. This, notwithstanding prosecutors posturing for the cameras about appealing the judge’s earlier finding of not guilty on the charge of premeditated murder.
Related commentaries:
Pistorius … manslaughter…