PRETORIA, South Africa - A judge
cleared Oscar Pistorius of murder on Thursday, but said there was "no
doubt" the double-amputee acted unlawfully when he shot and killed his
girlfriend.
After ruling out that
Pistorius' actions were premeditated, Judge Thokozile Masipa also said
the athlete could not be found guilty of the lesser charge of murder.
"Clearly he did not
subjectively foresee this as a possibility that he would kill the person
behind the door, let alone the deceased as he thought she was in the
bedroom,'' Masipa told the court as Pistorius sobbed and shook in the
dock.
"That, however, is not
the end of the matter," Masipa said, pausing for lunch before returning
briefly to begin considering the notion of "culpable homicide" - similar
to a manslaughter charge in the U.S.
She told the court that
there was "no reason nor explanation" why Pistorius didn't call for help
if he suspected an intruder and why he instead picked up a loaded gun.
Masipa said she was "not
convinced that a reasonable person" with the same disability as the
double amputee would have fired four shots into the bathroom without
realizing that the person inside could be killed.
"In the circumstances,
it is clear that his conduct was negligent," she said, then abruptly
adjourned court for the day. The verdict will continue on Friday.
Pistorius - often called
the "Blade Runner" because of his blade-shaped prosthetic limbs - shot
dead his girlfriend Reeva Steenkamp while she was in the bathroom of his
luxury Pretoria home on Valentine's Day last year. The prosecution
accused him of killing Steenkamp intentionally after a fight, while
Pistorius' defense team argued that he fired his weapon at the bathroom
door believing she was an intruder.
Although Judge Masipa
said there were "not enough facts" to prove premeditated murder, she
heavily criticized Pistorius as a "very poor witness" who was evasive in
his testimony during the trial.
The athlete "failed to
listen carefully to questions put to him, giving the impression that he
was more worried about the impact his answers might cause," the judge
told the court. When contradictions were pointed out to him "he often
blamed his legal team," she added.
Masipa also dismissed
the defense's claims that the athlete suffered temporary "insanity" and
did not know the difference between right and wrong the night he shot
Steenkamp. Pistorius had been referred during the trial for psychiatric
assessment to see if his mental state meant he lacked the criminal
capacity for murder.
Earlier in the day's
session, the judge cast doubt on "most" of the trial's witnesses, saying
they "got their facts wrong" and suggesting that media coverage of the
case might have tainted their memories. The court was "fortunate" it
could rely on technological evidence, such as phone calls and messages,
she said.
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