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'Blade Runner' Oscar Pistorius granted bail

However, he is found guilty of culpable homicide by Judge Masipa

Pretoria: Celebrity athlete Oscar Pistorius was found guilty of the culpable homicide by the Judge Masipa on the second day of the verdict. This means, Pistorious faces up to 15 years in jail.

The 'Blade Runner' was also acquitted of two counts of discharging firearm in public. However, he was found 'not guilty' of illegal possession of ammunition.

Here is how the verdict unfolded:

The judge granted Oscar Pistorius bail until his sentencing. He will continue to live at his uncle's house, where he has been living for 18 months.

Barrie Roux asked for 13-16 October for the sentencing dates.

Bail has been extended on the same conditions, the judge says.

"It is my view that if the state had any reason to suspect that... the properties were sold to allow the suspect to take flight, the state would have investigated this long ago," said Judge Masipa.

The defence conceded that the accused had been found guilty of a serious offence, but submitted that the state had not discharged the onus that it was not in the interest of justice that the accused's bail be submitted, the judge said.

Counsel for the state also argued that Pistorius had visited a nightclub where an incident happened that led to him and another person being thrown out from the club, she said.

State counsel said that the fact that Pistorius had committed a serious offense should be considered in a bail application, the judge explained.

The defence has made an application for Mr Pistorius' bail to be extended, the judge said. This has been opposed by the state.

Judge Masipa asked Barry Roux where the accused is staying at the moment? Barry Roux said he is staying with his uncle.

Gerrie Nel said he makes an inference that because the accused sold his properties, there is nothing holding him in South Africa.

Judge Masipa asked Gerrie Nel if there was any dispute over why the properties were sold?

Barry Roux argued that Mr Pistorius sold his properties to pay for his trial - not to pay for a life abroad.

Barry Roux is speaking again now. He said, "Oscar Pistorius was out on bail on a far more serious allegation, and complied with his bail conditions."

"It is not in the interests of justice" to release Oscar Pistorius on bail, Gerrie Nel said.

Prosecutor Gerrie Nel added that Mr Pistorius was involved in an incident at a nightclub while he was on bail.

"During the period he was out on bail... The accused disposed of his three properties" and now lives with his family, said Mr Nel.

"During the period the accused was on bail... the accused disposed of his three properties" and now lives with his family, said Mr Nel.

"I do disagree with Mr Roux, and am of the view that this is a serious case, he was convicted of a very serious case, he caused the death of an innocent woman, even negligently... makes the imposition of a lengthy imprisonment probable," said Gerrie Nel.

Following defence lawyer Barry Roux, Prosecutor Gerrie Nel is now speaking.

"The accused was on bail of serious accusation of premeditated murder, he complied with his bail conditions, there is no reason... not to allow him out on bail [in this case]," said Mr Roux.

"It is premature to consider a sentence in the present case," said defence lawyer Barry Roux.

Defence lawyer Barry Roux is now speaking.

"The court believes Mr Darren Fresco answered frankly and honestly all questions put to them. Accordingly, he is discharged from prosecution," on various charges, Judge Masipa said.

Mr Pistorius was asked to stand for the verdict.

Count four - regarding the illegal possession of ammunition - state failed to prove this count, the judge said.

The judge reiterated that count two (discharging a firearm in public) does not stand, but Mr Pistorius is guilty of count three (discharging a firearm in public - in a restaurant - in 2013.

The judge is going over counts two and three again.

"Evidential material before this court show however that the accused acted negligently," said the judge. The toilet cubicle was small with little room for manoeuvre, Judge Masipa added.

The judge said that the "accused cannot be found guilty of murder, dolos directus or dolus eventualis, on basis on his belief and conduct, it cannot be said that he foresaw that either the deceased or anyone else for that matter might be killed when he fired the shots at the toilet door".

The judge said that the objective phone records supported Oscar Pistorius' version of events.

"The accused denied the allegations, not withstanding that he was an unimpressive witness, the accused gave a witness which could reasonably possibly be true, said the judge.

"The state has failed to prove that the accused had the necessary animus (intent) to possess the ammunition," said Judge Masipa.

Mr Pistorius told the court the bullets belonged to his father and he had them for safekeeping. Mr Nel said his father has refused to make a statement confirming this.

Mr Pistorius is charged with being in possession of .38 ammunition, which would be illegal because he does not have a licence for a gun that takes that ammunition, or a permit to be in possession of it or a dealer's licence which would allow him to be in possession of the bullets.

"The state has proved beyond reasonable doubt" that Mr Pistorius was guilty of the third count, the judge said.

"The accused was sufficiently trained in the use of firearms, and that would include the response and handling of firearms. He should not therefore have asked for a gun in a public place in a restaurant full of patrons," said Judge Masipa.

"What was relevant was that the accused asked for a firearm in a restaurant full of patrons and while it was in his possession it discharged. He may not have intentionally pulled the trigger, but does not absolve him of negligently handling a firearm in circumstances that endanger others," the judge added.

"It really does not matter what caused the firearm to discharge as that will not assist this court in determining whether the accused was negligent," said Judge Masipa.

Judge Masipa is now talking about the next count: The charge that Mr Pistorius allegedly discharged a firearm at Tasha's restaurant on 11 January 2013. The incident took place when there were more than 200 people present at the restaurant and when the children were near their table. The charge not only points to discharging a firearm in a public place but the reckless handling of the said firearm.

The evidence falls short of the required standard for a criminal conviction on the first firearms charge, the judge says. Oscar Pistorius is acquitted of that charge.

Judge Masipa said, "The state has to persuade this court that he is guilty beyond reasonable doubt. The state witnesses contradicted each other in crucial aspects - the circumstances in which the shot was fired, when and where the shot was fired."

Judge Masipa notes that the relationship between Mr Pistorius and the other witness, Samantha Taylor, did not end amicably. This does not mean she sought to implicate the accused, but evidence from both Ms Taylor and Mr Fresco should be approached with caution by the court, she said.

Judge Masipa says Darren Fresco had said Oscar Pistorius had driven the vehicle in excess of 200km/hour - but under cross examination it emerged that he was the one driving at an excessive speed.

"[Darren] Fresco was not an impressive witness at all, when he gave evidence regarding this count. In fact he was proved to be a dishonest witness," Judge Masipa said.

Judge Masipa described an incident where Mr Pistorius allegedly fired a gun through a car sunroof while with then girlfriend Samantha Taylor and friend Darren Fresco on 30 November 2012.

Regarding that incident - Mr Pistorius has admitted getting angry after a police officer inspected his gun which was lying on a car seat, when they were stopped for speeding. But he denies firing a gun, as alleged by both Ms Taylor and Mr Fresco.

The Judge has arrived. She says they are dealing with the firearms charges.

Surrounded by bodyguards, the sprinter pushed his way through the throng of media to get inside the Pretoria High Court, for what is expected to be the final day of judgement in his trial for killing his model girlfriend Reeva Steenkamp on Valentines Day 2013.

( Source : afp/dc )
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