Posted: 2014-09-15 09:29:19
Edited: 2014-09-15 09:35:35
Pistorius was fount not guilty of "premeditated murder" ie wrongfully and intentionally causing the death of another human being after rationally considering the timing or method of doing so, in order to either increase the likelihood of success, or to evade detection or apprehension,
and
also not guilty of "intentional murder" ie "dolus eventualis".
"Intent" in the form of "dolus eventualis" is present if the perpetrator objectively foresees the possibility of his or her act causing death and persists regardless of the consequences.
In Pistorius’s case, it would seem that "dolus eventualis" murder would apply as he had fired four shots with lethal "talon" bullets into the toilet that he had knew was occupied, aware his actions would kill, regardless of who he thought was in there.
The argument used why he was found not guilty of that charge was that since Pistorius was initially put on trial specifically for the murder of Reeva Steenkamp, if the judge accepts that he (Oscar) thought Reeva was in the bedroom at the point when he fired each bullet, then he could not possibly have foreseen that firing his gun through the door could have killed her (Reeva).
The prosecution found it difficult to prove that Oscar knew it was Reeva hiding in the toilet because all her screaming prior to him killing her, was actually him screaming like a woman ?
One feels for Reeva's family as justice appears not to have been done even with his culpable homicide conviction.
In the meantime Oscar, so overcome with remorse, has been warned not to frequent night clubs anymore with his sentencing looming next month.