One Tragic Night (103 page)

Masipa found that Fresco's version was materially supported by Lerena. ‘Lerena was a good witness and I did not detect any indication of bias against the accused. This court was given no reason to reject his evidence and that evidence is accepted in total as true and reliable. It follows also that this court accepts the evidence of Fresco in this regard.' Sitting in the front row of the gallery, Fresco ran a hand through his hair and let out a deep sigh – his indemnity was likely now.

Pointing to the testimony of firearms trainer Sean Rens, Masipa established that it was clear that Oscar had been trained in handling firearms responsibly. ‘He should not therefore have asked for a firearm in a public place such as a
restaurant full of patrons, let alone handle it,' said Masipa. It was her view that the state had proved its case on this count beyond reasonable doubt.

Lastly, Masipa addressed the charge of illegal possession of ammunition – the rounds in his safe for which he did not have a licence and he claimed belonged to his father.

Masipa referred to the law regarding what licence Oscar required in order to keep the ammunition. She focused on ‘intention' and whether this was necessary on this charge, suggesting that it was. She also mentioned that the state had made much of the fact that Henke Pistorius had refused to give a statement to support Oscar's claim that the ammunition belonged to his father. ‘In my view this does not assist the state,' said Masipa.

‘The accused version was that the ammunition belonged to his father and that he had no intention to possess it. The fact that there is no corroboration for the accused version does not assist at all. Accordingly, what the state needed to do was to introduce evidence to the contrary. It did not do so. The accused version remains uncontroverted. The state has failed to prove that the accused had the necessary intention to possess the ammunition. Therefore he cannot be found guilty on this count,' ruled the judge.

Those in the Steenkamp camp had maintained a dignified silence throughout the ruling, but when not guilty verdicts emerged on the additional gun-related charges, there was much murmuring and muttering on these benches.

Masipa had effectively taken the sting out of her judgment of the previous day. Now that she neared the climax of her ruling, her verdict was a foregone conclusion.

She ran through a summary of her findings, starting with the murder charge. ‘Evidence led by the state on this count was purely circumstantial. It was not strong circumstantial evidence. Moreover, the evidence of various witnesses who gave evidence on what they heard, on what sequence and when, proved to be unreliable.

‘The accused gave a version that could reasonably, possibly be true. In criminal law that is all that is required for an acquittal as the onus rests with the state throughout. There was no basis on which this court could make inferences of why the accused would want to kill the deceased. In addition, there is objective
evidence in the form of phone records; this too supports the version of the accused. Furthermore, the conduct of the accused shortly after the incident is inconsistent with the conduct of someone who had the intention to commit murder.

‘It cannot be said that the accused did not entertain a genuine belief that there was an intruder in the toilet who posed a threat to him. Therefore he could not be found guilty of murder
dolus directus,'
said Masipa.

Reeva's mother June, stoic throughout, kept her composure while her husband shifted his hulking frame. He had gone a deep shade of red and leaned hard on the bench in front of him, clasping his hands on the wood. Next to him, advocate Dup de Bruyn scribbled notes. The rest of the Steenkamp family, each with a black-and-white picture of Reeva pinned to their lapels, looked distraught. In the row behind them, Gina and Kim Myers were crying. Oscar calmly stared ahead. He appeared far more composed and controlled than he had the previous day.

‘This court has already found that the accused cannot be guilty of murder
dolus eventualis
either on the basis that, from his belief and his conduct, it could not be said that he foresaw that either the deceased or anyone else for that matter might be killed when he fired shots at the toilet door. It also cannot be said that he accepted that possibility into the bargain,' Masipa went on.

‘Evidential material before this court however showed that the accused acted negligently when he fired shots into the toilet door knowing there was someone behind the door and that there was very little room in which to manoeuvre. A reasonable person therefore in the position of the accused with similar disability would have foreseen that possibility that whoever was behind that door might have been killed by the shots and would have taken steps to avoid the consequences and the accused in this matter failed to take those consequences [
sic
]'.

Judge Masipa raised her glass of water and shifted her documents to one side.

‘Mr Pistorius, please stand up.'

Oscar stood, adjusted his microphone vertically and clasped his hands in front of him. The last six months of trial had culminated in this moment.

June appeared tense. Barry glanced across the row of spectators at his daughter's boyfriend and killer, his look possibly reflecting a second heartbreak, that the legal outcome had somehow diminished his daughter's death.

Oscar took his seat.

Masipa still had to address the issue of Fresco's indemnity. His attorney Riaan Louw appeared before her as she handed down her decision.

‘It was clear that Fresco was not out to falsely implicate the accused. He merely stated a fact, which was that the firearm discharged while in the possession of the accused. He was fair to the accused and gave him credit where it was warranted. It is the opinion of this court that Mr Darren Fresco answered frankly and honestly all questions put to him. Accordingly he's discharged from prosecution for the offence specified as Count Three.'

An ANC Women's League member in her green jacket, sitting alongside Fresco, grabbed his hand in support. His wife smiled and gave a slight clap.

Masipa stood and left the court, leaving behind her a room heavy with emotion.

The Steenkamp's family advocate bowed his head towards June, explaining the verdict from the notes on his yellow legal pad. Reeva's cousin Kim Martins broke down and was consoled by an equally emotional Gina Myers, while Barry walked over to Fresco and slapped him on the shoulder. Those on the benches marked ‘Steenkamp Family' seemed dazed and confused. ‘She didn't get what she deserved,' said one close friend. Another remarked, ‘I don't mind that he only got culp as long as he goes to jail for a very long time.'

The state legal team and police forensic experts appeared deflated. ‘How are you doing?' we asked. ‘Not good,' said one. ‘What is the point of my job?' said another. Gerrie Nel packed up his sketchpad full of six months' worth of doodles, his face giving nothing away.

Although their relief was evident, the Pistorius family maintained their dignity, choosing not to celebrate or claim victory in any way. Aimee walked over to Oscar, who remained seated in the dock, and kissed him on the cheek and hugged him. Moments later his uncle Arnold made his way over and spoke to his nephew for several seconds before the men shared a long embrace.

It was clear that there was still a long road to travel. Culpable homicide is by no means an escape and a potential jail term would loom large.

Arnold Pistorius later addressed the media at an impromptu press conference
inside the courtroom. With his wife next to him, he read off a handwritten statement:

Shortly after court had been adjourned, the National Prosecuting Authority issued a statement of its own:

The Myers family also released a brief statement:

Nothing will ever bring Reeva back. That's what's sad. The fact remains that she is gone. We will forever be heartbroken. Today we are disappointed to say the least. But as Ghandi says: ‘There is a higher court than the courts of justice and that is the court of conscience.'

June and Barry Steenkamp gave their views on Masipa's judgment through an exclusive interview with broadcaster NBC, saying ‘justice was not served'. They expressed ‘disbelief' at the verdict.

‘I just want the truth. Reeva died a horrible, painful, terrible death,' said June. ‘He shot through the door and I can't believe that they believe it was an accident. I really don't care what happens to Oscar. It's not going to change anything because my daughter is never coming back. He's still living and breathing and she's gone, you know, forever.'

Having run the race of his life, Oscar Pistorius, the Blade Runner who had inspired so many and had achieved so much, who had fallen so spectacularly from the highest peak of fame and stardom, emerged out of the Pretoria courthouse into the circus-like bedlam that had characterised his trial for months, running the gauntlet of the media once again. A roar of screams went up from the crowd as he was bundled by his bodyguards into a sedan and driven off down Madiba Street, leaving the detritus of many lives, including his own, in his wake.