Oscar’s house arrest ‘inappropriate’

Written By Unknown on Senin, 13 Oktober 2014 | 23.18

Oscar Pistorius begins his sentencing hearing after the South African Paralympian was found guilty of culpable homicide last month

Fallen hero ... Oscar Pistorius, pictured arriving at court tonight, was convicted of the culpable homicide of Reeva Steenkamp. Picture: Themba Hadebe Source: AP

CORRECTIONAL authorities have recommended to a South African court that Oscar Pistorius be sentenced to three years house arrest for killing his girlfriend Reeva Steenkamp and that he do 16 hours a week of cleaning duties at a museum.

The recommendation, from a social worker at the Department of Correctional Services, was made at Pistorius' sentence hearing in Pretoria for the charge of culpable homicide of his lover.

Social worker Joel Maringa denied Prosecutor Gerrie Nel's suggestions that such a sentence was "shockingly inappropriate" for Pistorius' crime in killing an innocent woman inside a locked toilet cubicle.

Mr Maringa said correctional supervision or house arrest was "as harsh as any other sentence" in that Pistorius would be subject to strict rules and would be required to attend programs about how to handle negative emotions and would only be allowed to go out with permission.

The social worker clashed with Prosectuor Nel, who questioned his knowledge of the facts of the sensational case.

The recommendation came after Pistorius' defence team kicked off the sentence hearing with a bid to paint the fallen athlete, known as the Blade Runner, as a "broken man", crippled with guilt and suffering a severe Post Traumatic Stress Disorder who still carries around pictures of his slain lover.

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Judgment time ... Oscar Pistorius arrives in court today to face sentencing for the shooting death of his girlfriend Reeva Steenkamp. Picture: AP Source: AP

Pistorius' personal therapist, Dr Lore Hartzenberg, said she had overcome initial reservations and decided to testify for him about the 18 months she has counselled him since he shot dead his lover.

But the State aggressively countered, subjecting her to forceful cross-examination, in their bid to have Pistorius given a hefty sentence, and to portray him as self-obsessed. Prosecutor Gerrie Nel outlined that Ms Steenkamp's family too was a broken family — Mr Steenkamp had suffered a stroke as a result of his daughter's death and her mother, June, collapsed in uncontrollable tears on the floor of her home.

And Prosecutor Nel referred to a media report that Pistorius has since found new love, questioning why the doctor had never discussed this with him.

He also pointed out that Dr Hartzenberg had cried in court on the day that Pistorius was required to take off his prosthetic legs.

Trauma counsellor, psychologist Dr Hartzenberg, first began treating Pistorius nine days after he shot Ms Steenkamp dead in the toilet of his home, believing she was an intruder. Initially she was treating Pistorius for grief counselling which then became trauma therapy.

Nervous ... Oscar Pistorius, right, talks with one of his lawyers on his arrival in court. Picture: AP Source: AP

Dr Hartzenberg said Pistorius is a "broken man who has lost everything" — his lover, his reputation, his friends, his career and financial independence and his own voice — and now suffers post traumatic stress disorder.

Dr Hartzenberg detailed her sessions with Pistorius, which were often punctuated by the athlete weeping and crying and retching and during which no counselling could be conducted. She sometimes saw him daily, weekly, monthly. Initially she had not wanted to appear in court but had done so yesterday at Mr Pistorius' request.

"He was very emotional ... we could not conduct some of the sessions, some of the sessions were just him weeping and crying and me holding him and then other sessions we could get somewhere, so it varied," Dr Hartzenberg said.

Support ... Oscar Pistorius, centre, hugs his sister Aimee, right, on his arrival in court. Picture: AP Source: AP

She described Pistorius as having been in an "unresolved spiral of grief without resolution" since the day he shot Ms Steenkamp dead and said he had told her of his plans for a future with the law graduate and model, including paying a deposit on a home for them to share.

"He felt he had met the right person. It was somebody he wanted to introduce to his family. In his heart and mind Ms Steenkamp was the one. That's what he said to me," Dr Hartzenberg said.

She opined that Pistorius' remorse and pain were genuine.

Learning his fate ... Oscar Pistorius will be sentenced tonight. Picture: Themba Hadebe Source: AP

"What we are left with, My Lady, we are left with a broken man who has lost everything. He has lost his love relationship with Ms Steenkamp. He has lost his ... and professional reputation. He has lost friends. He has lost his career and therefore his earning potential and also his financial independence. On an emotional level his self-perception, his self-worth and identity have been damaged," Dr Hartzenberg told the court.

"He is unlikely to fully recover for the shooting incident that occurred on 14 February, 2013."

Dr Hartzenberg said Pistorius was distressed at not being able to make any personal contact with Ms Steenkamp's parents Barry and June. The couple sat stony-faced in court as the evidence was relayed. And he had been deprived of the opportunity to grieve and attend her memorial service and funeral.

Barry Steenkamp, father of Reeva Steenkamp, at the Oscar Pistorius trial. Picture: AP Source: AP

June Steenkamp, mother of Reeva Steenkamp, at the Oscar Pistorius trial. Picture: AP Source: AP

Dr Hartzenberg detailed how Pistorius and Ms Steenkamp first met, through friends who introduced them and organised for the model to accompany him to a sporting event for which he did not have a date.

The defence also called Pistorius's manager, Peet Van Zyl, who began his testimony about Pistorius' numerous charitable works.

He said Pistorius lost all his lucrative sponsorship deals and future contracts the moment he was convicted of killing Reeva Steenkamp.

Mr van Zyl said that prior to the Valentines Day 2013 shooting, to say that Pistorius's future was bright would have been an understatement.

But all that was stripped from him upon confirmation of his guilt of culpable homicide, including several new brand ambassadorships for companies which were to have been announced soon after the killing.

"I can categorically state that at this point in time all contracts have been officially terminated," Mr van Zyl told the court.

Called as a defence witness in the sentence hearing, Mr van Zyl told of Pistorius' charitable works, of his benevolence and generosity and of how he worked with charities striving to source prosthetic limbs for people and bodies such as Unicef. A series of letters, emails and photographs testifying to this were tendered to the court.

Mr van Zyl will continue his evidence when the court resumes on Tuesday morning.

The final defence witness will be a probation officer, and the State will call at least one witness but did not specify how many.

Both sides agreed the sentence hearing would not take more than a week.

The latest developments come as Reeva Steenkamp's parents Barry and June Steenkamp were also in the courtroom. Their "victim impact statement" is due to be read in court.

The Paralympian — who went on to compete in the London 2012 Olympics — was sensationally cleared of the premeditated murder of Ms Steenkamp and found guilty of the lesser charge of culpable homicide.

Tragic beauty ... Reeva Steenkamp was shot dead through the door of a toilet cubicle by her boyfriend Oscar Pistorius. Picture: AP Source: Supplied

A life sentence was therefore taken off the table and it is now possible that he could be spared a jail term completely and instead receive a suspended sentence or a type of house arrest.

The sentence will be decided by Judge Masipa, the same judge who cleared him of murder and of two unrelated firearms charges in September.

During her verdict Judge Masipa found that Pistorius had not intended to kill Ms Steenkamp and that he had believed he was firing a hire-powered weapon into a locked toilet cubicle at an intruder in his Pretoria home.

Judge Thokozile Masipa will deliver Oscar Pistorius's sentence. Picture: AP Source: AAP

Judge Masipa's verdict divided the South African legal community, many of whom opined that she had erred at law in not finding Pistorius guilty of murder in that he was negligent and should have known his shots would kill whoever was in that toilet cubicle.

Pistorius has maintained, from day one, that he had no idea that his lover of four months was inside the toilet cubicle and that he believed there was a dangerous intruder in his home. He thought Ms Steenkamp was still in bed when he took his gun and fired the four fatal shots.

During her verdict, Judge Masipa said she was not persuaded that a reasonable person with Pistorius's disabilities and in the same circumstances would have fired four shots into the small toilet cubicle.

The tragic life of Reeva Steenkamp

"I am of the view that the accused acted too hastily and used excessive force. Under the circumstances it is clear that his conduct was negligent," Judge Masipa said in her judgment.

Now as part of the sentence process she will look at the degree of Pistorius' negligence or recklessness in firing those shots. Many legal experts have said that given it is Pistorius' first offence he is likely not to face any jail at all.

The defence are also expected to argue that Pistorius would suffer greatly if jailed, given his disability. He has two prosthetic legs after both legs were amputated when he was a baby after being born without fibulas.

South African jails are notoriously overcrowded and desperate places to end up and many legal experts say that Judges are urged to avoid jail terms which add to overcrowding, if possible.


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