Criminal Justice
I came across this post from the blog site archive which I wrote over 18 months ago on the key issue confronting the trial of Oscar Pistorius.
Looking back I would not change a single word although as the Steenkamp family awaits the celebrity athlete returning to court to be sentenced for culpable homicide it much feel to them that Pistorius has got away with murder.
I'm no expert on South African law - but I suspect the term 'culpable homicide' has the same broad meaning the world over.
To me it means that someone accused of culpable homicide has caused another person's death - but has done so without malice or intent.
Now this a sensible aspect of the law although it is subject to abuse - since it is quite common for criminals to argue to argue that their actions were unintentional - that the deceased person 'ran on to the knife', for example.
Or that they fought back against their and died in the struggle - so their death was 'accidental'.
If the dead person was on their own - which is not unusual - then the accused person is often the only witness which can make it more difficult to secure a conviction - without other evidence capable of undermining the 'accidental' version of events.
Yet in the case of Oscar Pistorious - I fail to see how his defence lawyers managed to keep a straight face when they argued that their client should face only a charge of culpable homicide - and not murder for killing Reeva Steenkamp.
Because even taking Oscar's story at face value - he shot four times through a toilet door a point blank range with a powerful handgun.
Which was clearly a deliberate act and he must have understood the likely consequences - for anyone on the other side.
So even if you swallow Oscar's version of events - his intent was surely to kill the person on the other side of the toilet door - albeit his 'mistake' lay in not realising that the person he was shooting at - was his girlfriend, Reeva.
And that's before anyone starts to look critically at the rest of his incredible story - about shuffling around on his backside allegedly in mortal fear for his life - without noticing that Reeva Steenkamp was not in bed but had got up and gone to use the bathroom.
I'm sure that much more evidence will come out when Oscar finally stands trial - but to my mind Oscar's behaviour and that of his family - has treated Reeva Steenkamp and her family with huge disrespect.
The story's not quite over yet, but Oscar Pistorius seems likely to try and cash in on his notoriety by writing a book about his trial and conviction for killing his girlfriend, Reeva Steenkamp, with a high powered hand gun.
I don't know enough about South African law to know what the prospects are, but I hope Reeva Steenkamp's family go after Pistorius in the civil courts because, so far at least, they haven't found any justice in the criminal courts.
And as things stand there's every possibility that Pistorius will not even receive a prison sentence for causing the death of Reeva Steenkamp, as one of the options open to the trial judge is a non-custodial suspended sentence.
Which would make a mockery of South Africa and its criminal justice system, if you ask me.
Pistorius plans money-spinning book as girlfriend's family head home
Culpable Homicide (27 February 2013)
I'm no expert on South African law - but I suspect the term 'culpable homicide' has the same broad meaning the world over.
To me it means that someone accused of culpable homicide has caused another person's death - but has done so without malice or intent.
Now this a sensible aspect of the law although it is subject to abuse - since it is quite common for criminals to argue to argue that their actions were unintentional - that the deceased person 'ran on to the knife', for example.
Or that they fought back against their and died in the struggle - so their death was 'accidental'.
If the dead person was on their own - which is not unusual - then the accused person is often the only witness which can make it more difficult to secure a conviction - without other evidence capable of undermining the 'accidental' version of events.
Yet in the case of Oscar Pistorious - I fail to see how his defence lawyers managed to keep a straight face when they argued that their client should face only a charge of culpable homicide - and not murder for killing Reeva Steenkamp.
Because even taking Oscar's story at face value - he shot four times through a toilet door a point blank range with a powerful handgun.
Which was clearly a deliberate act and he must have understood the likely consequences - for anyone on the other side.
So even if you swallow Oscar's version of events - his intent was surely to kill the person on the other side of the toilet door - albeit his 'mistake' lay in not realising that the person he was shooting at - was his girlfriend, Reeva.
And that's before anyone starts to look critically at the rest of his incredible story - about shuffling around on his backside allegedly in mortal fear for his life - without noticing that Reeva Steenkamp was not in bed but had got up and gone to use the bathroom.
I'm sure that much more evidence will come out when Oscar finally stands trial - but to my mind Oscar's behaviour and that of his family - has treated Reeva Steenkamp and her family with huge disrespect.
Celebrity Justice (16 September 2014)
The story's not quite over yet, but Oscar Pistorius seems likely to try and cash in on his notoriety by writing a book about his trial and conviction for killing his girlfriend, Reeva Steenkamp, with a high powered hand gun.
I don't know enough about South African law to know what the prospects are, but I hope Reeva Steenkamp's family go after Pistorius in the civil courts because, so far at least, they haven't found any justice in the criminal courts.
And as things stand there's every possibility that Pistorius will not even receive a prison sentence for causing the death of Reeva Steenkamp, as one of the options open to the trial judge is a non-custodial suspended sentence.
Which would make a mockery of South Africa and its criminal justice system, if you ask me.
Pistorius plans money-spinning book as girlfriend's family head home
After being convicted of culpable homicide, the Paralympian's story of a tragic night could be a global bestseller
By David Smith - The Observer
Oscar Pistorius leaves the High Court in Pretoria on 12 September 2014 after the verdict in his murder trial where he was found guilty of culpable homicide. Photograph: Gianluigi Guercia/AFP/Getty Images
Oscar Pistorius plans to write a book giving his account of what happened when he shot dead his girlfriend, Reeva Steenkamp, and his ordeal in standing trial for her murder, his manager said on Saturday.
The memoir could prove hugely lucrative for the Paralympian but also prompt accusations that he is cashing in on the killing of the 29-year-old model and law graduate.
Pistorius was acquitted of murder at the high court in Pretoria, South Africa, last week but convicted of culpable homicide after shooting Steenkamp through a locked toilet door at his home. He was released on bail and will be sentenced at a hearing that starts on 13 October.
As Steenkamp's parents expressed dismay at the verdict and headed home to Port Elizabeth, Pistorius's manager and agent, Peet van Zyl, revealed that the double amputee athlete intends to put his side of the story on paper.
"He will write his own book," he told the Observer. "We've discussed it. We've talked about ideas and concepts. I'm not going to go into details now." If Pistorius receives a suspended sentence, as some experts predict, he could also return to competition, possibly even in time for the 2016 Olympics and Paralympics in Rio. He is known to be regularly working out to stay in good physical condition. The International Paralympic Committee has said it will allow its most famous athlete to return to the sport.
Van Zyl said: "I will sit down with him once everything is done and decide what we are going to do. We have to wait until 13 October before we can think about anything. After that we will tell the world what we are going to do."
Pistorius published an autobiography, Blade Runner – a reference to his nickname due to his prosthetic limbs – five years ago. But after that he reached the pinnacle of the London Olympics only to be author of his own downfall when he killed Steenkamp at his home in Pretoria on St Valentine's day last year.
A book about the shocking episode could be a bestseller, enabling Pistorius to restore personal finances that have been exhausted by legal fees, but also risk charges of exploiting the situation. OJ Simpson, the American actor and sportsman cleared of murder after another blockbuster trial in 1995, was criticised for publishing a book entitled If I Did It, in which he hypothetically described how he would have killed his ex-wife and her friend.
Pistorius has always maintained that he mistook Steenkamp for an intruder when he shot her four times. But speaking to ITV News after the verdict, her parents, June and Barry Steenkamp, said they did not "fully" believe his account of that night. June said of the judge's ruling: "We were shocked. Shocked. Disappointed. You know your heart drops because you just want the truth. It's going in the wrong direction, that's how you feel."
Ben Williams, books editor of South Africa's Sunday Times, said a book by Pistorius "could go either way. If you do it right, you could have the sports biography of the century. On the other hand, he's not the most popular person in some circles so you could have a tremendous backlash that sinks the book. Look what happened to Julian Assange's autobiography."
As Pistorius contemplates the project, other authors are racing to put out books about a case that has captivated millions of people in South Africa and around the world. Williams said he is aware of half a dozen titles from mainstream publishers plus "innumerable" self-published ebooks. Few would be surprised if the nascent Pistorius publishing industry leads to a film or TV dramatisation.
"It's because Oscar was the person who defined South Africa," Williams added. "I thought he was going to be the next iconic figure after Nelson Mandela. It's all gone horribly wrong and the amount of interest is spectacular. I've no doubt there will be a made-for-TV movie – that's definitely going to happen."
Last week saw the publication of Oscar: An Accident Waiting to Happen, co-written by Patricia Taylor whose daughter, Samantha, was a girlfriend of the sprinter and testified during his trial. It is billed as "the all-exclusive inside story of ex-girlfriend Samantha Taylor's tumultuous romantic relationship with the gold-medal athlete which turned into every mother's nightmare".
South African journalist Barry Bateman's coverage of the trial gained him 139,000 new Twitter followers in a week; he now stands at 227,000. He is the co-writer, with Mandy Wiener, of Behind the Door: The Oscar and Reeva Steenkamp Story, due out next month in countries including the UK.
Bateman said there has already been interest in the book from producers looking for a screenplay. He described the making of a movie about the case as "inevitable".
Another contender is Chase Your Shadow: the Trials of Oscar Pistorius, published internationally in December. Its writer, British journalist John Carlin, said: "I've had contracts since a year ago, which tells you there's a universality about this story. It fits into a recognisable narrative pattern going back to Homer. It is a classic tragic hero's fall."
Carlin, author of a biography of tennis player Rafael Nadal, and of the book Playing the Enemy about Nelson Mandela and the 1995 rugby world cup, which became the film Invictus, said he would be very surprised if Pistorius returns to the track.
"I don't think it's in his thoughts in a serious way at all," he said. "I find it extremely unlikely that he's going to go back to what he was. Whatever the outcome of the trial, the controversy will linger on, as it did with OJ Simpson. There are loads of people who will think he killed Reeva deliberately. If he turns up on athletics track in Manchester or Dusseldorf or wherever, there will be protesters with placards."
By David Smith - The Observer
Oscar Pistorius leaves the High Court in Pretoria on 12 September 2014 after the verdict in his murder trial where he was found guilty of culpable homicide. Photograph: Gianluigi Guercia/AFP/Getty Images
Oscar Pistorius plans to write a book giving his account of what happened when he shot dead his girlfriend, Reeva Steenkamp, and his ordeal in standing trial for her murder, his manager said on Saturday.
The memoir could prove hugely lucrative for the Paralympian but also prompt accusations that he is cashing in on the killing of the 29-year-old model and law graduate.
Pistorius was acquitted of murder at the high court in Pretoria, South Africa, last week but convicted of culpable homicide after shooting Steenkamp through a locked toilet door at his home. He was released on bail and will be sentenced at a hearing that starts on 13 October.
As Steenkamp's parents expressed dismay at the verdict and headed home to Port Elizabeth, Pistorius's manager and agent, Peet van Zyl, revealed that the double amputee athlete intends to put his side of the story on paper.
"He will write his own book," he told the Observer. "We've discussed it. We've talked about ideas and concepts. I'm not going to go into details now." If Pistorius receives a suspended sentence, as some experts predict, he could also return to competition, possibly even in time for the 2016 Olympics and Paralympics in Rio. He is known to be regularly working out to stay in good physical condition. The International Paralympic Committee has said it will allow its most famous athlete to return to the sport.
Van Zyl said: "I will sit down with him once everything is done and decide what we are going to do. We have to wait until 13 October before we can think about anything. After that we will tell the world what we are going to do."
Pistorius published an autobiography, Blade Runner – a reference to his nickname due to his prosthetic limbs – five years ago. But after that he reached the pinnacle of the London Olympics only to be author of his own downfall when he killed Steenkamp at his home in Pretoria on St Valentine's day last year.
A book about the shocking episode could be a bestseller, enabling Pistorius to restore personal finances that have been exhausted by legal fees, but also risk charges of exploiting the situation. OJ Simpson, the American actor and sportsman cleared of murder after another blockbuster trial in 1995, was criticised for publishing a book entitled If I Did It, in which he hypothetically described how he would have killed his ex-wife and her friend.
Pistorius has always maintained that he mistook Steenkamp for an intruder when he shot her four times. But speaking to ITV News after the verdict, her parents, June and Barry Steenkamp, said they did not "fully" believe his account of that night. June said of the judge's ruling: "We were shocked. Shocked. Disappointed. You know your heart drops because you just want the truth. It's going in the wrong direction, that's how you feel."
Ben Williams, books editor of South Africa's Sunday Times, said a book by Pistorius "could go either way. If you do it right, you could have the sports biography of the century. On the other hand, he's not the most popular person in some circles so you could have a tremendous backlash that sinks the book. Look what happened to Julian Assange's autobiography."
As Pistorius contemplates the project, other authors are racing to put out books about a case that has captivated millions of people in South Africa and around the world. Williams said he is aware of half a dozen titles from mainstream publishers plus "innumerable" self-published ebooks. Few would be surprised if the nascent Pistorius publishing industry leads to a film or TV dramatisation.
"It's because Oscar was the person who defined South Africa," Williams added. "I thought he was going to be the next iconic figure after Nelson Mandela. It's all gone horribly wrong and the amount of interest is spectacular. I've no doubt there will be a made-for-TV movie – that's definitely going to happen."
Last week saw the publication of Oscar: An Accident Waiting to Happen, co-written by Patricia Taylor whose daughter, Samantha, was a girlfriend of the sprinter and testified during his trial. It is billed as "the all-exclusive inside story of ex-girlfriend Samantha Taylor's tumultuous romantic relationship with the gold-medal athlete which turned into every mother's nightmare".
South African journalist Barry Bateman's coverage of the trial gained him 139,000 new Twitter followers in a week; he now stands at 227,000. He is the co-writer, with Mandy Wiener, of Behind the Door: The Oscar and Reeva Steenkamp Story, due out next month in countries including the UK.
Bateman said there has already been interest in the book from producers looking for a screenplay. He described the making of a movie about the case as "inevitable".
Another contender is Chase Your Shadow: the Trials of Oscar Pistorius, published internationally in December. Its writer, British journalist John Carlin, said: "I've had contracts since a year ago, which tells you there's a universality about this story. It fits into a recognisable narrative pattern going back to Homer. It is a classic tragic hero's fall."
Carlin, author of a biography of tennis player Rafael Nadal, and of the book Playing the Enemy about Nelson Mandela and the 1995 rugby world cup, which became the film Invictus, said he would be very surprised if Pistorius returns to the track.
"I don't think it's in his thoughts in a serious way at all," he said. "I find it extremely unlikely that he's going to go back to what he was. Whatever the outcome of the trial, the controversy will linger on, as it did with OJ Simpson. There are loads of people who will think he killed Reeva deliberately. If he turns up on athletics track in Manchester or Dusseldorf or wherever, there will be protesters with placards."
