What if Oscar Judge was wrong?

GLOBAL athletic followers finally had their questions answered when Judge Thokozile Masipa finally handed down her verdict in the Oscar Pistorius trial.

Pistorius have been acquitted on charges of pre-meditated murder, as well as on the doctrine of dolus eventuallis (that he should have foreseen that he could have killed someone when he fired shots into the toilet cubicle).

Firing four shots in quick succession into a small confined space shows intent that he wanted to finish off anybody behind the toilet cubicle.

Many argue that the configuration of gunshot holes on the toilet door showed that he followed the target.

THOKOZILE MASIPA

Witnesses said they heard shouting followed by gunshots but this evidence was rejected because the judge felt it was unreliable. The defence team, led by Barry Roux, did an excellent job in rebutting the State’s evidence. Eventually it boiled down to Oscars version of events.

He said he fired shots through the door because he felt his life was in danger which the Judge mentioned could be true.

What if she is wrong?

The shots, the screams, shouts for help and the calls made to various witnesses seemed more credible to her in terms of the sequence of events. In her view the State failed to show strong enough circumstantial evidence to prove murder.

However, this case is far from over.

The National Prosecuting Authority can consider their options after sentence is passed on the culpable homicide case for which he has been found guilty. Oscar can receive a sentence of up to 15 years or a suspended sentence.

The State can apply for leave to appeal the case in terms of error of law in respect of dolus eventuallis and how this principle was applied.

I wonder if another Judge would have made a different ruling?

It would be constructive for the State to appeal to put to bed whether there was an “error in law” or not. VIJAY SURUJPAL

Phoenix