tv BBC World News BBC America September 12, 2014 6:00am-7:01am EDT
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this is bbc america. and now live from london, "bbc world news." >> hello. our top stories, guilty of culpable homicide. south african athlete oscar pistorius is told he acted negligently when he killed his girlfriend last year. >> reporter: i'm live in pretoria where the court now considers whether oscar pistorius can be released on bail until the day he is sentenced. u.s. secretary of state john kerry heads to turkey, seeking more support for action against islamic state militants in iraq
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and syria. good to have you with us. the south african athlete oscar pistorius has been found guilty of culpable homicide. also known as manslaughter for shooting his girlfriend reeva steenkamp. the judge said the athlete had acted negligently when he used his gun. she cleared him of murder saying the prosecution had failed to prove the killing was premeditated. the court is currently on a break and is due to resume in the next half-hour. judge masipa will then decide whether mr. mpistorius will remain in custody or be out on
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bail. >> reporter: judge masipa in just the last hour has made it clear her verdict in this case. it has been going on for 43 days, six months overall oscar pistorius's murder trial and for the killing of his girlfriend reeva steenkamp. we learned today that judge masipa finds him guilty not of the murder of reeva steenkamp, but of culpable homicide. this is what she had to say. >> mr. pistorius, please stand up. the unanimous decision of this court is the following. on court one, 105 of 1997, the accused is found not guilty and is discharged. instead, he is found guilty of
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culpable homicide. >> reporter: so what that broadly means is that judge masipa was not convinced by the evidence that oscar pistorius intended to kill reeva steenkamp. we saw her going through yesterday a lot of the state's evidence, discounting it, saying it was not enough to prove beyond a reasonable doubt that he had murdered reeva steenkamp, and she went on to say today, we thought she was about to give her verdict at the end of yesterday, and finally soliciting what she had found, three other firearms charges, she came to that charge of culpable homicide. let's just look at the implications of what being convicted of culpable homicide means for oscar pistorius. andrew harding, my colleague, has this report. >> reporter: oscar pistorius, shortly after he had killed reeva steenkamp. from the very beginning, he
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insisted it was a terrible mistake, that he and reeva, seen arriving at his home earlier, were very much in love. >> i was simply trying to protect reeva. i can promise that when she went to bed that night, she felt loved. >> reporter: on court, pistorius maintained he shot through the bathroom door, convinced an intruder had broken into his home. his grief was compelling. >> i sat over reeva and i cried. i don't know how long. she wasn't breathing. >> reporter: pistorius's defense made much of the athlete's vulnerability as a disabled man, confronting a perceived threat. >> his capacity to walk without his prosthesis is poor, his balance is poor, and he could
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easily be pushed over. when exposed to a threat, mr. pistorius is more likely to respond with a fight response rather than a flight response as his physical capacity for flight is limited. >> reporter: the prosecution sought to show there was a darker side to pistorius, his obsession with guns, his quick temper, and he questioned how the athlete could have made such a terrible mistake. >> when you screamed at reeva to phone the police, she is sitting inches away from you in the toilet. >> that's correct, my lady. >> and she never uttered a word. >> that's correct, my lady. >> it's not possible. it's not probable. >> reporter: but at the heart is the question of what pistorius was thinking when he shot four times in the toilet door. >> i heard this noise and i thought it was somebody coming out to attack me. so i had my firearm. >> your defense has now changed,
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sir. self-defense to involuntary action. >> i don't understand the law. i can reply as to what i thought. >> reporter: today's verdict suggests the judge believed pistorius's explanation. >> i believe that the judge was swayed by his demeanor on the stand. the judge was swayed by the evidence that was procured by the defense, including amongst others, the psychological impact that his childhood may have had on him as well as the experts that were brought in by the defense. >> reporter: this is almost certainly the best verdict oscar pistorius could have hoped for. it means the prosecution failed to convince the judge that the athlete meant to kill anybody. but it still means the judge found him criminally negligent. some of reeva steenkamp's friends have already criticized the verdict.
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>> it is unfair, but it doesn't surprise me. in fact, it's pretty much what i expected. >> because? >> because he can afford the best possible defense and private investigators to support his case. >> reporter: oscar pistorius has yet to be sentenced. a prison term is very likely, up to 15 years. but the judge has the option simply to fine him and free him. andrew harding, bbc news, pretoria. >> so what we've been watching in the few moments of the court proceedings since judge masipa gave her verdict of culpable homicide is the two legal teams arguing over the issue of bail. oscar pistorius has been on bail the last 18 months. he's been living with his uncle not far from here, and defense obviously have argued that they think that bail should continue until he is sentenced. the prosecution, the state, has been arguing that now that oscar pistorius is a convicted
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criminal, he is therefore less qualified to be on bail. but let's discuss this more. with me, an expert in criminal law at the university of south africa. the whole issue of bail, being heatedly argued there, why wouldn't judge masipa just let this bail continue that we've had in place for 18 months? >> it's a bit of a technical issue, because in terms of the criminal procedure act, bail that ran during the trial comes to an end when the accused is convicted. so because of that, a new decision has to be made, and the fact that he's now a convicted criminal is indeed a substantial new fact. but what remains is that, you know, everybody has a right to liberty and you would not like to infringe on that right to liberty unnecessarily. so if there are good reasons to
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keep someone in detention while they are awaiting their sentence, then that should be done. and that's why obviously the state and the defense in this case tried to argue that case. >> the foremost consideration, flight risk, mental health? what does the judge have to decide on? >> i think the foremost consideration is will he stand his trial? will he return to court to go through the sentencing hearing and the sentencing phase? i would not imagine the mere allegation of -- you know, i can't remember the exact words. that he's sort of self-damaging behavior, so the mere allegation of that -- i can't imagine that swaying the court in one way or the other. >> so they'll find out possibly in the next half-hour or so when the court is reconvened. you're an expert in sentencing. what does this culpable homicide conviction now for oscar
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pistorius? >> it means that he can really be sentenced to anything within the discretion of the court. but the court is guided by previous cases, and, you know, there are instances where culpable homicide like this has resulted in an imprisonment. the culpability is much reduced compared to an intentional killing, and the court has to take that into account when devising the sentence. but there's no firm guidelines. there's no legislation like premeditated murder that says there must be life imprisonment. there's nothing like that. it's purely a common law and the court can impose anything technically from a warning to imprisonment. >> reporter: and we can't know at this stage what oscar pistorius has in store. thank you very much. if you've been following this
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trial, you've seen the amount of attention it has got from all over the world, the number of crews from the media following this internationally and within south africa. it's extraordinary, because of course, south africa has many murders each year. it has a violence. but why such focus on one murder trial. perhaps we should remind ourselves what such an icon oscar pistorius was until he shot reeva steenkamp dead, and just how much of an impact he has on the world and why this trial is therefore having such an enormous impact. >> reporter: oscar pistorius did more than win races. he changed the way the world viewed disability. but long before he became extraordinary, ordinary was all he wanted to be. >> they may call me the blade runner, but i'm just oscar. my parents had a very difficult decision of getting my legs amputated, but today i can look
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back and say that they definitely made the right decision. >> reporter: few know pistorius as well as his long-term training partner here in pretoria. >> i can't count how many times he helped me. oscar is a gentleman. he is somebody, helps you with your dream. a big dream. >> reporter: that dream began when pistorius was given carbon fiber prosthetics and began to run. it was here in pretoria in march 2004 when a teenage pistorius, after just two months of training with blades, showed just how good he was, running the 100 meters in just 11.51 seconds, a new world record. confidence was no problem as pistorius told the bbc in 2007.
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>> i've put in more hours, i eat better, i race better. i think i train better than the other guys. >> oscar pistorius is flying away from all of them. 21.99. my goodness. >> reporter: paralympic golds followed in athens and beijing. by now pistorius had become a brand. >> they told me that i'd never walk. and a man with no legs can't run. anything else you want to tell me? >> reporter: at london, he became the first amputee to run at the olympics. but by now, stories were also emerging of another side to his character. david o'sullivan has known pistorius since he was a boy. >> i knew a roommate of oscar pistorius told me that he had to move out of their room because oscar had gone hysterical on the phone, was shouting and screaming on the phone. it transpired. he was shouting and screaming at his then girlfriend and a man who had taken this girl out on an overseas trip.
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i had the story confirmed by so many other athletes who said it was terrible to witness, this incredible meltdown. >> reporter: he later insisted he had left his teammate's room on medical advice before a big race, but rumors about pistorius's private life persisted. >> he really seemed to be a different person to the public persona that he was presenting. you heard about the fast cars, how he was an insomniac and used to go to the shooting range in the middle of the night. more and more of these incidents which were happening, which showed oscar to be more volatile, more aggressive. >> reporter: there was controversy on the track, too, having lost in the 200 meters final in london, pistorius suggested his rival had cheated. >> translator: he said there was something wrong with my blade. after that, it was difficult for me to stand beside him. he saw me at the olympic village and he fused to talk to me. >> reporter: but the man who's become the new poster boy of
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paralympic sport told me that pistorius was also capable of surprising generosity. >> in the final in london, he said just before, do you mind if i pray for you? and he was a nice person to be there. a crazy situation. i think he made that breakthrough. >> reporter: at pretoria university, a new generation of paralympic hopefuls remain loyal. >> as i lost my leg, i saw him doing so well without two legs, and he was a role model of mine. >> reporter: as an athlete superhueman. as a man, flawed. pistorius will be viewed by events away from the track. his fall from grace is complete.
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>> reporter: so from sporting icon, sporting superstar, to convicted criminal. that convicted criminal could be walking out of court this afternoon, the building behind me. if oscar pistorius is granted a continuation of his bail. that is the argument that we will be hearing in the next few minutes when court resumes, possibly from around 15 minutes time. and then also, we may be hearing about a date for sentencing to begin the sentencing hearing. we don't know what kind of time scale we're talking about, but perhaps we'll have more clarity when judge masipa reenters court in a few minutes time. but for now, from here in pretoria, it's back to you in london. >> thanks very much to karin there, who is leading the coverage there from pretoria of
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the oscar pistorius trial. let's show you as well where you can find out a lot more on our website. all the key moments such as the verdict being constantly updated. you can find that at bbc.com/pistorius. stay with us here on "bbc world news." still to come -- u.s. secretary of state john kerry heads to turkey and tells the bbc it is a key ally in the fight against islamic state militants.
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neardon't have enoughople food to survive. we can't let this happen. there is something we can do about it. please join christina aguilera and yum! brands in a movement to fight world hunger by supporting the united nations world food program. to donate, go to hungertohope.com or make a text donation right now. your contribution will feed children and save lives. together, we can stop the dying and start the living. and together, we can move people from hunger to hope.
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♪ ♪ ♪ woooooah. ♪ [ male announcer ] you're not just looking for a house. you're looking for a place for your life to happen. zillow. let's update you on our headlines. the south african athlete oscar pistorius is found guilty of culpable homicide for killing his girlfriend reeva steenkamp. the cia says there may now be more than 30,000 islamic state fighters across iraq and
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syria. let's bring you more on that story. now the detail of the warning from the cia, saying more fighters are out there than they previously believed. the agency says there are between about 20 to 30,000 i.s. militants across iraq and syria. that's three times more than previously thought. the u.s. had said it will form a coalition to fight the jihadist group and ten arab nations, including saudi arabia have agreed to support it. the bbc's barbara usher spoke to john kerry who is now visiting turkey. she asked him why turkey is not among the ten who signed this agreement. >> turkey is very engaged, and very involved. i'm going to be visiting there tomorrow, full expectation as we go forward that we'll work through whatever issues or
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questions that exist, but i think for the moment, they have a few sensitive issues. we respect those sensitive issues and we're going to work with them very carefully. >> you know, the arabs have been working for stronger american action in syria for quite a long time now against the assad regime and president obama could have taken the kinds of steps he's talking about now two years ago when the islamists were weaker. that's what some of his top ministers were advising at that time. so, should he not take some responsible for the fact that the islamists are so much stronger now? that's what the arabs think anyway. >> there may be some that somehow think that, but they have to examine who's been funding these guys, where the money's been coming from, and i think over time, people will realize the outgrowth of this is really the responsibility of assad himself. assad has been the magnet that has attracted foreign fighters. they came there to get rid of assad. they came there because they objected to assad killing vast
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numbers of sunni people. and randomly barrel bombing and gassing and murdering the people of this country. >> u.s. secretary of state john kerry. now, there is growing anger in india and pakistan over the severe flooding there with many saying aid is taking too long to reach those who desperately need it. more than 450 people have died in the two countries. much of the capital of india administered kashmir remains under water. >> reporter: there are still 100,000 people who have not been reached in the capital city of srinagar itself. almost 226 bodies have been recovered there so far. several missing. it means the death toll could go higher. two years ago, there was a very
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serious flood, and still skel c -- skeletons are being recovered. there's food scarcity. people are especially angry with the administration. they say that no relief is reaching out. they are still angry. their flights are flying over head us. they are saying that, you know, the relief which is being dropped from above. the problem is, you know, there are no flat roofs in srinagar in this area. it just goes into the water. completely unaware, that though there was a warning from the weather department that it's beginning to be flooded, they couldn't give any warning to people, and because of that, the flood came and, you know, a large area of the city got submerged.
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srinagar, you can reach only through the plains. there's no road connectivity, no railway connectivity. it's been cut from the other areas. the water on these rods slosh all around. people are trying to reach their dear and near ones. so the problem is i met a lot of people who were trying to meet -- i met a guy yesterday who was trying to look for his sister for the last three days. there are unconfirmed reports that the children have died in a hospital, several of them, though i talked to the minister, he says he is not very sure about this, but he can't also deny it. >> he is in srinagar explaining
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what a desperate situation people are facing there as the flooding seems to be continuing there. let's remind you of our top story today on "bbc world news." it is about the south african athlete oscar pistorius. he has been found guilty of culpable homicide, also known as manslaughter, for shooting his girlfriend reeva steenkamp. the judge said the athlete had acted negligently when he used his gun, but said she cleared him of murder, saying the prosecution had failed to prove the killing was premeditated. the court is due to resume shortly and judge masipa will then decide whether pistorius will be held in custody or whether he will have his bail extended ahead of the sentencing decision. you can see the court there in pretoria. that is a live shot. as i say, we are waiting for judge masipa to resume the proceedings today to make a decision on whether he can continue bail and therefore
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leave the court today to go back to his uncle's home or whether he then has to go into custody. karin is at the court for us in pretoria. andrew harding, our correspondent, is inside the court. stay with us here on the bbc as we make sure you get all the latest developments. and that became our passion. to always build something better, airplanes that fly cleaner and farther on less fuel. that redefine comfort and connect the world like never before. after all, you can't turn dreams into airplanes unless your passion for innovation is nonstop. ♪ you drop 40 grand on a new for innoset of wheels,top. then... wham! a minivan t-bones you. guess what: your insurance company will only give you 37-thousand to replace it. "depreciation" they claim.
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welcome to "bbc world news." here are our top stories. the athlete oscar pistorius is found guilty of culpable homicide over the killing of his girlfriend reeva steenkamp. >> the accused acted negligently when he fired shots into the toilet door, knowing that there was someone behind the door, and that there was very little room in which to maneuver. >> reporter: i'm karin giannone live in pretoria. now the court must decide whether oscar pistorius will be freed on bail until he is
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sentenced. u.s. secretary of state john kerry arrives in turkey, seeking more support for action against islamic state militants in iraq and syria. good to have you with us. the south african athlete oscar pistorius has been found guilty of culpable homicide, also known as manslaughter, for shooting his girlfriend reeva steenkamp. the judge said the athlete had acted negligently when he used his gun, but she cleared him of murder, saying the prosecution had failed to prove the killing was premeditated. now to karin giannone who is in pretoria. >> reporter: thank you very much.
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we are waiting for court proceedings to resume again, but it has been a morning in which we have heard the decision on every single charge that oscar pistorius faced, three firearm charges, lesser firearms charges, and then officially the verdict on the murder charge he was facing, premeditated murder of reeva steenkamp, which judge thokizile masipa said he was not guilty of. but has convicted him instead of culpable homicide. let's take you back to the exact words she used a little earlier in court. >> mr. pistorius, please stand up. the unanimous decision of this court is the following. on court one, murder read with section 51-1 of the criminal law, 105 of 1997, the accused is found not guilty and is
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discharged. instead, he is found guilty of culpable homicide. >> reporter: so what we're waiting for now is the continuing arguments to conclude about whether oscar pistorius is going to be granted bail or not. he's been on bail for the last 18 months. he's been living at his uncle's house, and the defense are arguing that he should be allowed to stay on bail in that situation until the day the sentencing hearing begins, but the prosecution, the state has argued that he is now a convicted criminal, therefore he should not be granted bail for this very serious offense of culpable homicide. with me is former high court judge, and what have you made coming from judge masipa over this past day? >> well, i was not surprised by
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her finding. when you deal with a reasonable person, that reasonable person must find himself in the same position. you will say to yourself that a reasonable person who thought there was a criminal behind the door, and who was at risk, unless you can say that he would definitely not have fired the shots, she would have to give oscar pistorius reasonable doubt. so i think in that sense he's wrong, but -- >> reporter: so she said he must have known there was someone behind that door, but she did not see any evidence that she saw before her as being enough to prove that he had the intention to kill. >> no, there was no such proof.
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she rejected the state's evidence. but she was left with the evidence of the accused, and to the extent that she can draw inferences, which may have been against him. but she found a difficult decision that she accepted this evidence as far as it was concerned. that's why she found him not guilty. now, she forever found as a fact that the accused was facing a threat. was facing somebody on the inside. was running the risk of the person to come out. was running the risk that he could kill him. and to be so subjective is a problem because the fear must be considered, and again, because the onus is not on you, she
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could say well, i don't accept this evidence. it is a reasonable possibility it is correct. to say that a reasonable man would stand there and would -- can you say that a reasonable man would not have done this. would face somebody who's probably a criminal. so the same facts would apply. and that's why she's very correct in the approach. i must emphasize here, she has made a good judgment, she's given a good judgment. >> judge willem heath, thank you very much for the moment. stay with us. now, what exactly does this charge of culpable homicide, this conviction now that oscar pistorius has to his name mean for him? andrew harding, my colleague, looks at the implications of being found guilty.
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>> reporter: oscar pistorius shortly after he had killed reeva steenkamp. from the very beginning, he insisted it was a terrible mistake, that he and reeva, seen arriving at his home a few hours earlier, were very much in love. >> i was simply trying to protect reeva. i can promise that when she went to bed that night she felt loved. >> reporter: in court, but not shown on the cameras, pistorius maintained that he shot through his bathroom door, convinced an intruder had broken into his home. his grief and regret were compelling. >> and i sat over reeva and i cried, and i don't know how long. i don't know how long. she wasn't breathing. >> reporter: pistorius's defense made much of the athlete's vulnerability as a disabled man,
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confronting a perceived threat. >> his capacity to walk without his prosthesis is poor, his balance is poor and he could easily be pushed over. when exposed to a threat, mr. pistorius is more likely to respond with a fight response rather than a flight response as his physical capacity for flight is limited. >> the prosecution sought to show there was a darker side to pistorius. his obsession with guns, his quick temper, and it questioned how the athlete could have made such a terrible mistake. >> when you shouted and screamed at reeva to phone the police, she is sitting inches away from you in the toilet. >> that's correct, my lady. >> and she never uttered a word. >> that's correct. >> it's not possible. it's not probable. >> reporter: but at the heart of this case was the question of what pistorius was thinking when he shot four times through the toilet door. >> i heard this noise and i
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thought it was somebody coming out to attack me, so i fired my firearm. >> your defense has now changed, sir. self-defense to involuntary action. >> i don't understand the law, but i can reply as to what i thought. >> reporter: today's verdict suggests the judge believed pistorius's explanation. >> i believe that the judge was swayed by his demeanor on the stand. the judge was swayed by the evidence that was procured by the defense, including amongst others, the psychological impact that his childhood may have had on him as well as the experts that were brought in by the defense. >> reporter: this is almost certainly the best verdict oscar pistorius could have hoped for. it means the prosecution failed to convince the judge that the athlete meant to kill anybody. but it still means the judge
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found him criminally negligent. some of reeva steenkamp's friends have already criticized the verdict. >> it is unfair, but it doesn't surprise me, and it's pretty much what i expected from the outset. >> reporter: because? >> because he can afford the best possible defense, and private investigators to support his case. >> reporter: oscar pistorius has yet to be sentenced. a prison term is very likely, up to 15 years, but a judge has the option simply to fine him and free him. andrew harding, bbc news, pretoria. >> reporter: let's discuss this with a former high court judge, willem heath. if you were sitting before this court and presiding over this case, what now would you be looking at in terms of sentencing? what factors would you be
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considering? >> two circumstances one could consider. one shows that there was aggravating circumstances, and mitigating circumstances. you weigh that up. but let's look at the aggravating circumstances. it's arguable that he should not have fired the shots. as far as blame is concerned -- as far as that he didn't ensure physical threat. he actually just walked out. so the answer to that is there was no reason to suspect she's not in the bed next to him. so she would have to follow that direction and those arguments. as far as mitigating is concerned, he found himself in a precarious position as far as safety is concerned.
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secondly, that his shortcomings, with his psychological problems, you need to take into account that his risk is not as much as it would have been if he had no psychological problems and he was a strong headed person. taking in context, she has accepted that he's got those problems. now, let's get to the culpable homicide. now, if you look at that, it could be anything. a long-term sentence, such as, for example, 15 years. but because of all the
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mitigating circumstances, i suspect that she would impose a sentence of about seven years. >> reporter: seven years to serve or eligible for parole? >> eligible for parole. so you're left with about five years. so he might serve for a year or two. as far as the firearm is concerned, people were close at the point in time, so he must really take the chance. so the court could impose the whole sentence, or the
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mitigating circumstances and not going to impose the maximum sentence. and of course, she can decide that the sentence was drawn. it's more than likely that's what she would do. i think in the back of her mind, she must have felt sympathy for him. she then has to exercise discussion. because she's a human being. >> reporter: fascinating to get your thoughts. thank you very much. there are so many murders here, so many murder case and killings in south africa, why has this murder trial attracted so much attention? why are we seeing this amount of focus by so many broadcasters
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from all around the world and all around africa on this one case? let's just remind ourselves about the level of prestige and fame that oscar pistorius had before the events of the early hours of february 14th, 2013, when he killed reeva steenkamp, and just what a superstar and what an inspiration he was for many. >> reporter: oscar pistorius did more than win races. he changed the way people viewed disability. >> i'm just oscar. i was born with missing calf bones. my parents made the very difficult decision of getting my legs amputated. but today i can look back and say that they definitely made the right decision. >> one of the great paralympic tlo athletes of all time. >> reporter: few know pistorius as well as his longtime training partner here in pretoria.
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>> i can't count how many times he helped me. i can say oscar is a gentleman. he is somebody who went after a big dream. >> reporter: that dream began when at school pistorius was given carbon fiber prosthetics and began to run. it was here in pretoria in march 2004 when a teenage pistorius, after just two months of training with blades, showed just how good he was. running 100 meters in just 11.51 seconds, a new world record. >> rotate. >> reporter: confidence was no problem as pistorius told the bbc in 2007. >> i've put in more hours. i eat better. sleep better. race better. overall, i think i train better than other guys. >> oscar pistorius is flying away from all of them!
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21.99. my goodness. >> reporter: paralympic golds followed in athens and beijing. by now, pistorius had become a brand. >> they told me that i'd never walk and a man with no legs can't run. anything else you want to tell me? >> reporter: at london, he became the first amputee to run at the olympics, but by now stories were also emerging of another side to his character. david o'sullivan has known pistorius since he was a boy. >> i knew a roommate with oscar pistorius told me that he had to move out of their room because oscar had gone hysterical on the phone, was shouting and screaming at the phone. he was shouting and screaming at his then girlfriend and a man who had taken this girl out on an overseas trip. in fact, i had the story confirmed by so many other athletes who said it was terrible to witness this incredible meltdown. >> reporter: he later insisted he left his teammate's room on medical advice before a big race, but rumors about
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pistorius's private life persisted. >> he really seemed to be a different person to the public persona that he was presenting. heard about the fast cars, how he was an insomniac, and used to go to the shooting range in the my of the night. so there's more and more of these incidents that were happening which showed oscar to be more volatile, more aggressive. >> reporter: there was controversy on the track, too, having lost to the brazilian in the final in london, pistorius suggested his rival had cheated. >> translator: he said there was something wrong with my blades. after that, it was difficult for me to stand beside him. he saw me at the olympic village and he refused to talk to me. >> reporter: but the man who's become the new poster boy of paralympic sport told me that pistorius was also capable of surprising generosity. >> you know, in the final in london, he said just before, do you mind if i pray for you? he was a nice person to be
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there. but a crazy situation, but i think it says in himself, he made that breakthrough. >> reporter: at pretoria university where pistorius based his training, a new generation of paralympic hopefuls remain loyal. >> he is still an inspiration to me, even though his circumstances. as i lost my leg, i saw him doing so well without two legs and he was a role model of mine. >> reporter: as an athlete, superhuman. as a man, flawed. pistorius will now be defined by events away from the track. sport's ultimate fall from grace is complete. dan rowen, bbc news, pretoria. >> reporter: we thought that by now we'd be seeing court proceedings under way again, but we're still waiting. judge masipa called a lunch adjournment just over an hour and a half ago, and she's about
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17, 18 minutes past the time she said she would be returning, so we're still watching, and of course we'll go back inside and bring you the latest developments from inside there when that happens again. because at the moment, they're discussing the issue of bail or renewal of oscar pistorius's bail, whether he'll be allowed to carry on living at his uncle's house near pretoria in a very smart suburb of this city, or he'll have to spend the time until his sentence for culpable homicide, whatever that sentence may be, in custody. so it could be that he walks out of court this afternoon free on bail. but we just don't know because this judge is considering that at the moment. we've heard arguments from both the defense and the state. the whole charge that oscar pistorius has been here for six months facing was that of premeditated murder of reeva steenkamp, and let's just remind ourselves of what the prosecution actually failed to
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prove. the key moments of the prosecution >> moments before the shots were fired, i heard a female screaming fearfully, and she was very, very scared of something that was threatening her life moments before those shots and that made me know her life was threatened severely in the house, that's why she shouted. >> i have been upset by you for two days now. i'm so upset. i can't get that day back. i'm scared of you sometimes and how you snap at me and of how you will react to me. >> i say that your life is just about you. oscar shouldn't get into trouble. this shouldn't get into media. you are very concerned about people. >> i was very concerned for both of our futures, my lady.
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>> you exploded, am i right? >> that's correct, my lady. i've taken responsibility, but i will not look at a picture where i'm tormented by what i saw and felt that night. as i picked reeva up, my fingers touched her head. i remember. i don't have to look at a picture. i was there. i turned around and i said to reeva to get down and phone the police, and i made my way as quickly as i could. >> what i don't understand is why you wouldn't make sure that reeva is fine before you storm off. >> my thought was to see as quick as i could. >> why did you fire? >> because i heard a noise coming from inside the toilet that i interpreted at that split
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moment as somebody coming out to attack me, my lady. >> you just started shooting? or accidentally your fingers pulled the trigger? >> i started shooting at that point, my lady. >> at the intruder? >> at the door, my lady. >> in your mind, at the intruder. >> what i perceived as the intruder coming after to attack me. >> so it wasn't accidentally. >> my lady, i'm getting confused with this accidentally and not accidentally. when i try and explain myself. >> your version is so improbable that nobody would ever think it's reasonably possibly true. it's so improbable. >> reporter: so there we are. the key moments of the prosecution case. the lead counsel for the state, becoming a household name through the course of this trial. the lead counsel for the defense was the other one because we saw him robustly try to defend oscar
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pistorius, and make it very clear to the judge that he thought oscar pistorius was a man that had been affected significantly by his disability and was a vulnerable person. and let's just show you some of the highlights of the defense case and how they were trying to counter that accusation of premeditated murder. >> my lady, whether she was able to make any noise depends on who factors. firstly, the sequence of the shots, if i'm wrong, and if a shot to the head was the first shot, she couldn't have made any sound at all. if the shots were fired in rapid sequence, these four shots could easily have been discharged within space of four seconds. i think it's highly unlikely that she would have made or would have been able to call out. >> i'd like to apologize. there hasn't been a moment since this tragedy happened that i haven't thought about your family.
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i wake up every morning and you're the first people i think of, the first people i pray for. i can't imagine the pain and the sorrow and the emptiness that i've caused you and your family. i was simply trying to protect reeva. i can promise that when she went to bed that night, she felt loved. >> when you were standing with your firearm pointing to the toilet door, what emotions did you experience? >> i was terrified. i feared for my life. i was scared. i was thinking about what could happen. to me, to reeva, i was extremely fearful and overcome with a sense of terror and vulnerability. a note with a heart and a
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squiggle. she signed it with her name and a smiley face and kissed it. >> reporter: we've just now seen the court rise because judge masipa has come back in, so we're going to take you back inside court to hear what is being said now in the proceedings now under way once again. >> at this stage of the proceedings, after the conviction, the defense has made an application for the bail of the accused to be extended. that application is opposed. the state placed certain facts on record relating to the change
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of status or position of the accused since he was granted bail. one, the accused was now convicted of his very serious offense. >> reporter: you're watching bbc news live from pretoria. >> two, the accused has, during the course of the trial, disposed on three -- and that became our passion. to always build something better, airplanes that fly cleaner and farther on less fuel. that redefine comfort and connect the world like never before. after all, you can't turn dreams into airplanes unless your passion for innovation is nonstop. ♪
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