Masipa's Judgement
Judge Masipa spoke of Dr Vorster's evidence of how Dr Vorster felt that Oscar Pistorius suffered from anxiety disorder.
Before dealing with that Judge Masipa said she would scrutinise the evidence of the accused first, which might throw some light on the evidence by Dr Vorster (in relation to anxiety)
Judge Masipa continued by telling the Court that she had selected a few extracts from the evidence of the accused Oscar Pistorius.
Those extracts are as follows:
- The shooting was an accident
- The accused said he shot in the belief that the intruder were coming out to attack him he did not have time to think.
- He never intended to shoot anyone
- He pulled the trigger when he heard the noise
- He fired into the toilet door
- He did not purposefully fire into the door
- He fired shots at the door but he did not do so deliberately.
- He never aimed at the door.
- The firearm was pointed at the door when he discharged his firearm as he got a fright.
- He remembered he pulled the trigger in quick succession however he could not remember firing specifically four shots.
- He, and I quote, “Fired before I could think before I even had a moment to comprehend what was happening” Close quote.
- I pulled the trigger at that moment when I heard the noise I did not have time to think about what was happening.
- He stated once more quote : “Before thinking out of fear, I fired the shots: Close quotes
- The discharge of the firearm was accidental, as he claimed that he did not intend to discharge his firearm in that he I quote “was not meaning to shoot at anyone” close quote.
- He, quote “shot because I was at that point with that split moment I believed somebody was coming out to attack me, that is what made me fire ( I leave out something ) out of fear I did not have time to think I discharged my firearm” Close quote.
- When the accused was asked to explain what he had meant by accident when he gave his evidence he answered as follows: I quote: “The accident was that I discharged my firearm in the belief that an intruder was coming out to attack me (I leave out something)”
So, the discharge was not accidental, or was the discharge accidental?
- His answer: “The discharge was accidental M’Lady I believed that somebody was coming out. I believed that the noise I heardinside the toilet was somebody coming out to attack me or to take my life.” Close quote.
- The accused stated that at no stage was he ready to discharge his firearm though the firearm itself was in a ready mode. He confirmed that he had released the safety mechanism on the firearm in case he needed to use the firearm to protect himself.
Responding to a question as to whether he had consciously pulled the trigger he answered as follows.
- I quote: “I did not think about pulling the trigger. As soon as I heard the noise before I could think I (I leave out something) pulled the trigger” Close quote.
- The accused stated that he never thought of the possibility that he could kill people in the toilet he considered however thinking back retrospectively it would be a probability that someone could be killed in the toilet. He stated that if he wanted to shoot the intruder he would have shot higher up and more in the direction where the opening of the door would be to the far right of the door and at chest height.
Judge Masipa takes a moment to say:
"I pause to state that this accession is inconsistent with that of someone who shot without thinking. I shall revert to this later in my judgement."
She continued:
Counsel for the Defence argued that while the accused had in fact approached the bathroom in a state of readiness to defend himself and the decease against a perceived threat he did not consciously discharge his firearm in the direction of the toilet door. He argued that from the evidence of the accused it is clear that the conduct of the accused and the death of the deceased were an accident.
Court Adjourned.
l-azzeri-lies-in-the-sun.com
14th September 2014
