How forensic evidence threw Pistorius in murder cell - Part I

Oscar Leonard Carl Pistorius in court during his trial in the murder of his girlfriend, Reeva Rebecca Steenkamp (inset). Courtesy photo

In the early hours of February 14, 2013, Oscar Leonard Carl Pistorius, also known as the “Blade Runner”, shot dead his girlfriend, Reeva Rebecca Steenkamp at the Silverwoods Country Estate, in the neighbourhood of Pretoria, South Africa. Pistorius was subsequently charged with murder. Other charges related to previous misuse of firearms with reckless disregard to other persons were also slapped on him.

Pistorius and Steenkamp had spent the previous evening (February13), at Pistorius’ residence and according to Pistorius, they went to bed at about 10pm. In his defence, Pistorius described the incident as a tragic one, which occurred when he had mistakenly believed that an intruder or intruders had entered his house and posed an imminent threat to the deceased and to him. He admitted that the gunshot wounds on Steenkamp were inflicted by him. In his plea, he gave this explanation:

“During the early hours of the morning (February 14,2013), I brought two fans in from the balcony. I had shortly spoken to Reeva, who was in bed besides me. Unbeknown to me, Reeva must have gone to the toilet in the bathroom, at the time when I brought in the fans, closed the sliding doors and drew the blinds and the curtain. I heard the bathroom window sliding open. I believed that an intruder or intruders had entered the bathroom through the bathroom window, which was not fitted with burglar bars. I approached the bathroom, armed with my firearm so as to defend Reeva and I (sic). At that time, I believed Reeva was in bed. The discharging of my firearm was precipitated by a noise in the toilet, which in my fearful state, knowing that I was on my stumps, unable to run away or properly defend myself physically, believed to be the intruder or intruders coming out of the toilet to attack Reeva and me.”

Pistorius also claimed that at the time he had woken up to bring in the two fans from the balcony, he had his back to the bed and was therefore unaware that Steenkamp had left the bedroom to go to the toilet. The State countered that Pistorius and the deceased had had an argument and that Pistorius had then intentionally shot and killed Steenkamp, who had locked herself in the toilet. A neighbour to Pistorius and a resident at the same complex, told court that she woke up a few minutes to 2am in the morning to hear what she thought was a woman’s voice. To her, it sounded as if the woman was engaged in an argument with someone. The neighbour could not, however, locate the voice nor tell what language was being spoken or what was being said. Shortly after three O’clock in the morning, she heard what she thought were gunshots.

More witnesses
Two other neighbours, staying about 177m away from Pistorius’ house, reported hearing screams that they interpreted as those of a woman in distress. Another neighbour, whose residence was about 80m away, explained that she heard three sounds that she thought were gunshots. A few minutes later, she and her husband, heard somebody crying out loud and a man shouting for help. The most immediate neighbour to Pistorius told court that she heard a bang and woke her husband up. Soon thereafter, they both heard a man crying very loudly, “Help, help, help.” Another witness reported hearing dogs barking and a man shout “Help, help, help.”
During the trial, the following were not in dispute;

• Pistorius, while on his stumps, fired four shots at the toilet door while Steenkamp was inside, which was locked from the inside.
• Three of the four shots struck Steenkamp, and she as a result, sustained a wound on the right thigh, a wound on the left upper arm, a head injury, and a wound on the web of the fingers and she died as a result of these multiple gunshot wounds.
• Soon after the shots were fired, Pistorius called for help and that he used a cricket bat to break down the door of the toilet and he removed the deceased from the toilet to the hallway downstairs.
• Pistorius was very emotional soon after the shooting.

• There were no independent eye witnesses during the shooting. The only people on the scene at the time of the incident were Pistorius and Steenkamp. The neighbours gave evidence regarding what they heard or what they thought they heard at the time of the incidence.
To the judge, it was clear that there was a misinterpretation of some of the sounds heard by some of the witnesses. It was established for a fact that only four gunshots were fired by Pistorius that morning, yet some witnesses stated that they heard more than four shots, while others heard less than four shots. This, to the judge, could only mean that sounds which were interpreted as gunshots could have been from the cricket bat striking against the toilet door.

However, the main issue in law was whether at the time when Pistorius shot and killed Steenkamp, he acted with malice aforethought; whether he had the requisite intention, and if so, whether there was any premeditation. And the burden to prove beyond reasonable doubt that Pistorius killed Steenkamp intentionally lay with the prosecution.
To be continued.

Who is Pistorius?
Oscar Carl Lennard Pistorius; born November 22, 1986, is a South African sprint runner and convicted murderer. Both of Pistorius’ legs were amputated below the knee when he was 11 months old. Pistorius was the first athlete to compete at the Paralympic games and Olympic games, competing in sprint events for below-knee amputees in Paralympic events, and in able-bodied sprint events.

Career
At the 2011 World Championships in Athletics, Pistorius became the first amputee to win an able-bodied world track medal. At the 2012 Summer Olympics, Pistorius became the first double leg amputee to participate in the Olympics when he entered the men’s 400 metres and 4 × 400 metres relay races. At the 2012 Summer Paralympics, Pistorius won gold medals in the men’s 400-metre race and in the 4 × 100 metres relay, setting world records in both events. He also took silver in the 200-metre race, having set a world record in the semifinal.On Valentine’s Day 2013, Pistorius fatally shot his girlfriend, model Reeva Steenkamp, in his Pretoria home. He said he had mistaken Steenkamp for an intruder hiding in the bathroom, but he was arrested and charged with murder.