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11/21/2024 09:57:25 pm

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Oscar Pistorius’ Acquittal Ignites Debate in South Africa

Paralympic Athlete Oscar Pistorius

(Photo : Reuters)

South African Judge Thokozile Masipa's decision to acquit Paralympic star Oscar Pistorius in the murder of his model girlfriend last year ignited a debate between two courts--the court of legal specialists and public opinion.

On Thursday, Masipa handed down South Africa's most awaited ruling on the murder case against the famous athlete, which indicated Pistorius' acquittal. This ruling saved him from spending a maximum of 25 years in South African prison.

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Her decision stated that based on evidence presented, Pistorius had no intention to kill model Reeva Steenkamp though he "had the intention to shoot at the person behind the door."

According to legal experts, Masipa looked into the evidence presented to her and then examined whether the state has proven the defendant guilty without reasonable doubt. Hence, the judge faultlessly adhered to the law.

"She went to the crux of the evidence. On the evidence presented, I am in agreement with her there is just not evidence that he had intention to kill," Veteran Judge Willem Heath stated. He added that a judge can only base her verdict upon the evidence presented before her.

Echoing his opinion, lawyer Mannie Witz explained that once 'intention' has not been proven, the defendant cannot be deemed guilty of murder.

However, critics contended that prosecutors may appeal based on the 66-year-old judge's interpretation of the law citing the lesser murder charge of 'dolus eventualis'.

The dolus eventualis, also known as the common-law murder, is employed when the suspect had the knowledge that they might kill someone, but still pursued his course of action.

Judge Masipa had already dismissed this possibility, explaining that the accused "did not subjectively foresee this as a possibility". She cited that all the while he thought the victim was safely tucked in the bedroom.

This decision ignited a Tweet from legal expert professor Pierre de Vos, stating that he is unsure whether it was correct to dismiss the lesser murder explaining that if someone shoots into a door with the knowledge that someone is inside a small room, the person should 'foresee and accept possibility of killing.'

Meanwhile, many social networking users disagree with the verdict citing that the Paralympic athlete got off the hook easily while some women carrying signs saying "Stop killing us" marched outside the courtroom.

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