Oscar Pistorius Trial
The 11th September marked the end of the Oscar Pistorius Trial, lasting nearly 20 months. The verdict was an unexpected one for many, but one which I fully support. Before I begin, I must admit my knowledge of law, and South African law, is at best, minimal. In contrast I have been consistent in following the trial, watching each day unfold.
So why the need for a blog on the trial, when there are so many already?
Well, the way in which the case has been documented has been terribly one sided and it seems no one is without an opinion. Perhaps the most upsetting part of this is the amount of inane comments I have read and heard throughout the trial. People are so quick to judge, based on very little knowledge and so I have to ask, how valuable is their opinion, when it is based on not fact but speculation? Not very, I would say.
Why do I believe Culpable Homicide is the correct decision?
Firstly, I believe Pistorius’ version. There is no doubt in my mind of that. The prosecution failed to deliver any reliable witnesses, many of which contradicted each other. There was no alternative timeline produced by the prosecution either, and so their evidence was heavily based on speculation. You cannot convict on speculation. If there is no evidence to base your decision then it would be unjust to do so.
I could go into huge depth on why the timeline produced by the defence appears truthful, but it is no longer of importance. What is important, is that the decision has been made by a Judge. It frustrates me when people seem to think they are more knowledgeable on law than a longstanding Judge. We all have our own bias, and whether we like it or not, this will hugely effect our decision-making. Masipa has proven that she has a just and unbiased approach, and I admire her tremendously for making her decision based on evidence alone.
So if I have faith in Pistorius’ version, would I not prefer to see him go free?
I have struggled with this question over the past few months. It is almost impossible to empathise with such a traumatic and personal situation, and I often say to people you cannot possibly say how you would respond in such a situation. I have often thought, accidentally killing the person you love, and having to live with that for the rest of your life, surely that is punishment enough? I concluded that whatever the verdict, Oscar would be paying the price for the rest of his days. That is something you can never, ever get over. I also think to myself, what a waste of another life. Therefore, I believe that it comes down to legacy. As one of the most heavily documented trials of the century, it is important to show that actions have consequences. A life has been lost, and huge mistakes have been made that will change peoples lives forever. This cannot go unnoticed and it must be clear that the misuse of firearms is often fatal.
This really comes down to the point of my article: the ‘bigger picture’. What is so disturbing is the need for guns in South Africa. It is very easy for us to judge Oscar for having a gun, but our opinions are immediately dismissed when we are speaking from a very safe and civil area, with full health and a loving family. I am not making excuses, just stating the facts. For me, something needs to be done. There is a huge amount of crime in South Africa. Why? For many reasons, but certainly the huge wealth gap and isolation of the poor are influential. While there is such poverty and inequality there will always be crime.
So in my humble opinion: address the poverty, and that in turn will reduce crime. Hence, reduce the need for self protection. This highlights more money needs to be put into the education system, and more jobs must be created so there is an increase in full time employment, leading to improved standard of living for those in poverty. It is no coincidence that South Africa’s wealth indicator of HDI is far higher than that of education and health. Not enough has been invested into education systems and this is starting to heavily effect the country as a whole. South Africa is the most beautiful country I know, and with employment prosperity, and reduced crime, it could become one of the most prosperous nation across the globe.
On a final, more personal note, I very much admire the strength of Aimee Pistorius. She has really proven the importance of family, and it is evident both her and Carl have been pivotal in Oscar’s ability to cope with such an awful ordeal. I hope their strength continues. I also continue to pray for the Steenkamp’s, that they may have some kind of closure. No words can express what they have been through.
It is so easy to convict others, and yet we demand so much forgiveness ourselves. We must remember that we are not perfect. It is so easy to judge, but remember that we ourselves may also face judgement.
Changing Perspective. 
Thank you for giving your perspective on this terrible tragedy. I have always believed this was a catastrophic mistake and not murder, so I applaud Judge Masipa for making the right and just decision and for her correct application of the law. You haven’t made it absolutely clear whether you believe Oscar should receive a custodial sentence but you infer that he should, more along the lines of setting an example to society rather than as a need for him to be punished. I however, feel very strongly that he should not be sent to prison. As you stated, Oscar took the life of the woman he loved. He has to live with this knowledge and the most dreadful memories, for the rest of his life. No-one is ever going to suffer more than him for this tragic error of judgement. In this instance the crime itself was also the punishment. The public, urged on by the media and state prosecution service, are baying for blood and will not be satisfied unless he receives a lengthy sentence. Why? Because many have always envied and hated him for his success, for being what they could never be, and now take perverse pleasure in his pain and suffering. Or, because he is being held up as a national scapegoat for crime and violence towards women in particular. The worst of reasons. Any other first offender, convicted of unintentionally causing a death, and suffering such extreme mental anguish would not be given a lengthy sentence, so then neither should he, for this would not be about setting an example (there must be many more worthy examples that could be made), it would be about giving in to intimidation in order to assuage the hatred and condemnation of the masses and not about justice. It is my sincere hope that Judge Masipa will exercise compassion above retribution and set an example to her countrymen that they sorely need.
Thank you for your response Heather. I have not made my thoughts clear on the sentence for two main reasons. Firstly, I feel I am in no position to question the decision made by Masipa, as she clearly has greater knowledge of the evidence than I. But also, I am not totally sure on my own feelings. I do feel an example must be set to society, but you cannot sentence someone for this reason alone. I guess it comes down to the fact that actions do have consequences. The problem is, the aim of a jail sentence is to: a) protect society, b) encourage remorse and c) prevent a reoccurrence. I believe that Oscar is not a threat to society, and it is evident he is deeply remorseful and hence I believe he has learnt his lesson. Therefore surely a jail sentence is not appropriate in this instance. Oscar would be able to continue to do his charity work and train as an athlete, so perhaps you are right. But on the other hand he has taken someone’s life .
I too am sadden by the links to violence against women, because it is something I too am passionate about preventing, but it is unfair to compare these two very different situations.
Interesting to read your view. As you can see, I am not sure myself.
Thanks for reading.