The sentencing hearing of Oscar Pistorius has
heard that the South African athlete has no
money left, as both sides' final arguments
were made.
Defence lawyer Barry Roux said Pistorius was
both "broke and broken" after the seven-month
trial.
Pistorius was convicted of culpable homicide last
month after shooting dead his girlfriend Reeva
Steenkamp last year, but was cleared of murder.
Judge Thokozile Masipa is expected to deliver
the sentence on Tuesday.
There is no legal limit on the length of a jail
term, but the prosecution has argued for a
minimum of 10 years.
Experts say the typical maximum sentence for
the crime is around 15 years.
Pistorius' defence team has argued for him to be
given community service and house arrest, a
suggestion the prosecution said would be
"shockingly disproportionate".
Mercy urged
Both defence and prosecution lawyers finished
presenting their final arguments before the
court was adjourned.
The high-profile trial, which has captured public
attention in South Africa and beyond, began in
March.
Pistorius sobbed as Mr Roux said the athlete
was once an "icon in the eyes of South Africans"
and now could not even pay for legal expenses.
"He is not only broke but he is broken," he said.
"He's a first offender. What has happened to
this man? He was on the rise," Mr Roux added.
He argued that Pistorius had already suffered
greatly since the death of Reeva Steenkamp and
had not "earned a penny since".
The lawyer asked Judge Masipa to consider the
South African principle of "ubuntu", roughly
translated as kindness towards others, in her
sentencing.
He also claimed that Pistorius would be unsafe
in prison, a claim denied by the prisons chief on
Thursday.
At the scene: Andrew Harding, BBC News,
Pretoria
Judge Thokozile Masipa must choose between
two starkly different interpretations of justice,
and of Oscar Pistorius himself, as she spends
this weekend pondering what sentence to give
the man she's already cleared of murder but
found guilty of culpable homicide.
The athlete's lawyer, Barry Roux, used his final
arguments to appeal to the judge's sense of
humanity in urging her to reject a prison
sentence for a man he said was - beyond all
doubt - genuinely remorseful and desperate to
make amends for killing his girlfriend Reeva
Steenkamp.
Prosecutor Gerrie Nel was scornful of the
athlete's appeals for leniency, saying his
expressions of remorse were not genuine, and
that he was "shamefully" exploiting his disability
to try to avoid a prison sentence.
The interests (rather than the opinion) of
society, the demands of justice, rehabilitation,
punishment, fairness and the personal
circumstances of both Pistorius and the
Steenkamps will all, presumably, inform Judge
Masipa's ruling.
Prosecutor Gerrie Nel said that the minimum
sentence "society would be happy with" would
be 10 years in prison.
"I could have started at 15 and hoped that the
court will suspend five, my Lady , but this is a
serious matter," he said.
He also repeated criticism of a payment offer by
Pistorius to the Steenkamp family.
The prosecution maintained Pistorius shot
Reeva Steenkamp after an argument
Judge Thokozile Masipa is expected to deliver
her verdict on Tuesday
"I cannot but think this is an attempt to
influence," he said.
Reeva Steenkamp's family rejected a large lump
sum offered by Pistorius.
However, they did accept smaller monthly
support payments. They have since promised to
repay the cash and not pursue a civil case.
Mr Nel went on to criticise the use of Pistorius'
disability in arguments for a shorter sentence.
"I find it disturbing that a person who fought to
compete with able-bodied athletes now
shamelessly uses disability in mitigation," he
said.
The Paralympic sprinter denied murdering Ms
Steenkamp after a row on Valentine's Day last
year, saying he shot her by mistake, fearing
there was an intruder in the house.
Ms Steenkamp, a model, reality TV star and law
graduate, was hit three times by bullets shot
through a toilet door by Pistorius at his home in
the capital, Pretoria.
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Sunday, 19 October 2014
Oscar Pistorius trial: Athlete 'has no money', his lawyer says
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