Pistorius Trial: Judge's Key Comments

Key comments from Judge Thokozile Masipa in the sentencing of Oscar Pistorius.

:: On claims from probation officer Annette Vergeer that prison would not be suitable for Pistorius.

"I was not impressed at all by Mrs Vergeer as a witness. Though an expert in this matter, her evidence did not inspire any confidence in this court.

"Her method of investigation in respect of prison conditions and her use of outdated information concerning prisons in particular was slapdash, disappointing and had a negative impact on her credibility as a witness.

"I found her evidence perfunctory and unhelpful, something quite disturbing from someone with 28 years of experience."

:: On Zach Modise, acting National Correctional Services Commissioner, who has worked in the prison service for more than 30 years:

"He came across as a candid and willing witness who wanted to assist this court.

"He testified that prisons in this country were not perfect but were progressive and professional. I have no hesitation in accepting his evidence as true and reliable."

:: On prisons in South Africa:

"I have no doubt that if prisons in this country were below the required standards, the ever-vigilant human rights bodies in this country would not hesitate to take the necessary steps to remedy the situation."

:: On sending a disabled person to prison:.

"If the accused in this matter were to be given a custodial sentence, it would not be the first time that the Correctional Services Department with an inmate with disabilities.

"Just by way of example, it cannot be disputed that a pregnant woman belongs to one of the most vulnerable groups of people.

"Although pregnancy cannot be termed a disability, it cannot be denied that it does compromise one's freedom and ability physically to do as one wills.

"Yet a pregnant woman will be sentenced to jail if the sentence is warranted.

"I might add that it would be a sad day for this country if an impression were to be created that there was one law for the poor and disadvantaged and another for the rich and famous."

:: On Pistorius' vulnerabilty:

"There was, however, a feeling of unease on my part as I listened to one witness after another placing what I thought was an overemphasis on the accused's vulnerabilty.

"Yes, the accused is vulnerable, but he also has excellent coping skills.

"Thanks to his mother, he rarely saw himself as disabled and excelled as a top athlete, respected worldwide against big odds, going on to compete against able-bodied persons.

"For some reason, that picture remains obscured in the background. In my judgment, to get to the real picture, the correct approach would be to balance the two."

:: On Pistorius' contribution to society:

"There is no doubt that the accused's contribution to society has been enormous as he gave his time and money to various charities and institutions.

"He also helped change the general public's perceptions of disabled people and inspired disabled young people in particular as he grew and excelled in his career.

"This impact on others worldwide cannot be ignored but it ought to be put into perspective.

"As state counsel pointed out to Mr Van Zyl (Pistorius' manager), if a sportsman was approached for assistance, it would not be clever not to be involved as such involvement enhances one's career."

:: On the seriousness of the offences:

"On his own version, the accused knew that there was someone behind the door. He had heard the window slide open. He had heard the toilet door slam shut. He had heard a noise coming from the inside of the toilet.

"It would have been different if he had just heard a noise and assumed that something - maybe a stray animal - was in the toilet.

"In this instance, the evidence shows that he thought an intruder was behind the door. Using a lethal weapon, a loaded firearm, the accused fired not one but four shots into the toilet door.

"It is so that, in his evidence, he said he would have fired higher if his intention was to kill and this court accepted that.

"However, that does not change the fact that he knew the facts above and that the toilet was a small cubicle and that there was no room for escape for the person behind the door.

"What is also significant is that the accused had been trained in the use of, and in the handling of, firearms. In my view, all that is very aggravating."

:: Watch a round-up of the day's events on Sky News at 9.30pm - Sky channel 501, Virgin Media channel 602, Freeview channel 132 and Freesat channel 202.

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