Former Paralympian Oscar Pistorius is set to appear in court this week to be sentenced for the murder of former girlfriend Reeva Steenkamp.
The July 6 sentencing marks the latest chapter in a lengthy and polarizing legal battle.
On Feb. 14, 2013 Pistorius fatally shot his then-girlfriend Reeva Steenkamp through a bathroom door in his Pretoria, South Africa home, claiming he mistook her for an intruder.
He was originally acquitted of her murder and sentenced to five years in prison for “culpable homicide” – a charge similar to manslaughter in Canada – in September 2014 after a lengthy trial.
Toronto criminal defense lawyer Christopher Hicks tells CTV News Channel the original judgement was the first in a long line of errors in the athlete’s case.
“Everybody has made mistakes. The trial judge made a mistake, the South African court of appeal made a mistake,” says Hicks. “When [prosecutors] went to appeal, the appeal court overturned the acquittal on manslaughter instead of ordering a new trial and imposed a conviction upon him for murder. That’s patently wrong. They should have ordered a new trial.”
Pistorius has been under house arrest since October 2015. He was released from jail after 10 months for good behaviour and because, according to South African law, prisoners are eligible for release after serving a sixth of their sentence.
He has been living in his uncle’s home in Pretoria.
The Court of Appeal’s decision to acquit Pistorius of the culpable homicide verdict and find him guilty of murder was handed down in December 2015.
Pistorius was granted bail to house arrest rather than being returned to prison because he had an appeal with the Constitutional Court pending.
That appeal was denied in March 2016, and on Wednesday Pistorius will, for a second time, stand for a sentencing hearing.
In the weeks leading up to the hearing, Pistorius’ team and the athlete himself have been making submissions to the court and public urging leniency.
It’s a futile effort says Hicks.
“He’s facing a mandatory minimum sentence of 15 years. I can’t imagine that there is anything he can say or do to reduce that by very much at all.”
OSCAR PISTORIUS TRIAL TIMELINE
• Feb. 14, 2013: Oscar Pistorius shoots girlfriend Reeva Steenkamp through a bathroom door.
• Aug. 19, 2013: Pistorius appears in Pretoria Magistrate's Court to be served with the state’s indictment.
• March 3, 2014: Pistorius’ trial for the murder of Reeva Steenkamp begins.
• Aug. 8, 2014: Pistorius’ case concludes after final closing arguments.
• Sept. 12, 2014: Pistorius is acquitted of murder and convicted of culpable homicide (similar to manslaughter).
• Oct: 21, 2014: Pistorius is sentenced to a maximum of five years imprisonment for culpable homicide.
• Nov. 4, 2014: Prosecutors apply for permission to appeal the culpable homicide verdict citing a five year prison term as "shockingly light, inappropriate and would not have been imposed by any reasonable court".
• Dec. 10, 2014: Prosecutors are granted permission to appeal the verdict and Pistorious’ case is presented to a five person panel at the Supreme Court of Appeal.
• June 2015: Pistorius is recommended for early release for good behaviour, for not being a danger to the community and for serving a sixth of his sentence.
• Oct. 19, 2015: Pistorius is released from prison and put under house arrest.
• Dec. 3, 2015: Prosecution’s appeal is heard in the Supreme Court of Appeal. All five judges make a unanimous finding and overturn Pistorius’ culpable homicide conviction and find him guilty of murder.
• Dec. 8, 2015: Pistorius granted bail to house arrest pending an appeal to the South African Constitutional Court.
• March 3, 2016: Pistorius’ appeal to the South African Constitutional Court is denied.
• June 13, 2016: Pistorius appears in court to start the sentence hearing for the murder conviction, but the sentencing was adjourned until July 6, 2016.
