Oscar
Pistorius is a 'broken man who has lost everything' and should not be
sent to prison for killing his girlfriend, the athlete's sentencing
hearing was told today.
The
Paralympian, known as Blade Runner, has returned to court to find out
whether he will serve up to 15 years in jail for shooting Reeva
Steenkamp or walk away a free man.
His
therapist, Dr Lore Hartzenberg, told the court the runner had suffered
'genuine remorse' and was virtually inconsolable after the Valentine's
Day shooting last year.
She
told the court: 'We are left with a broken man who has lost everything –
his loving relationship with Miss Steenkamp, he has lost his moral and
professional reputation, he has lost his career and therefore his
earning potential and financial independence.'
The
psychologist, who has been Pistorius's confidante since the shooting
and throughout his trial, then painted a picture of her client's 'spiral
of grief without resolution' over the past 18 months.
The
court also heard from a prison official who said the athlete should not
be jailed, but instead be placed under 'house arrest' for three years
for his actions.
Joel
Maringa, an official from the department of corrections, recommended
that the athlete clean a museum for 16 hours a month as part of his
sentence.
Back in the dock: Oscar Pistorius
listens to testimony from his therapist at his sentencing hearing after
being found guilty of manslaughter for shooting his girlfriend dead at
his home on Valentine's Day last year
Pistorius looks down while his psychologist gives evidences during his sentencing hearing at the High Court
All eventualities
covered: The Paralympian waits in the dock,with a sick bucket by his
side in case he is hit by the bouts of vomiting and retching that he
suffered during the trial
The social worker's recommendation was branded 'shockingly inappropriate' by the prosecution.
Dr
Hartzenberg was the first witness to give evidence for the runner's
defence team who argue he should not be jailed over the Valentine's Day
shooting because it was an accident.
She
told the court: 'We are left with a broken man who has lost everything –
his loving relationship with Miss Steenkamp, he has lost his moral and
professional reputation, he has lost his career and therefore his
earning potential and financial independence.
'He has lost his self-identity and his self worth has been damaged. He is unlikely to ever recover.'
Describing
herself as an expert in trauma counselling, she said Pistorius
persistently broke down during initial counselling sessions after
shooting Miss Steenkamp last year.
'Some of the sessions were just him weeping and crying and me holding him,' said Dr Hartzenberg.
'I can confirm his remorse and pain to be genuine. We are left with a broken man who has lost everything.
'I have never found him to be anything other than a respectful, caring and well-mannered person.'
As
the grey-haired counsellor read a long statement of her observations
detailing her client's personal grief and trauma, friends and family of
Miss Steenkamp, 29, shook their heads in apparent frustration of hearing
Pistorius portrayed as a victim of the fatal shooting.
Her
parents June and Barry Steenkamp betrayed no emotion, only occasionally
looking at the man who had taken their daughter's life, who was sobbing
quietly in the dock thumbing through a bible.
The law graduate turned model was shot dead through a locked lavatory door by Pistorius.
The
prosecution claimed he killed her deliberately as she cowered in the
tiny cubicle following an argument in the early hours of Valentine's
Day.
The sprinter has always maintained he shot in panic and fear, believing an intruder was lying in wait for him and his lover.
Dr
Hartzenberg said Pistorius's grief had been compounded by the fact that
he had been unable to mourn his girlfriend's death properly after being
banned from her funeral and memorial service and denied the chance to
apologise in person to her family.
'His concern for Miss Steenkamp's parents has been an unrelenting theme,' she said.
He
was frustrated that he was not able to speak privately to his dead
girlfriend's grieving parents and could only offer them an apology at
the start of his evidence which was then criticised widely.
'His concern from Miss Steenkamp's parents has an unrelenting theme.'
Warm
welcome: Pistorius (left) embraces an unidentified woman as he arrives
at the high court in Pretoria, while (right) Reeva Steenkamp's mother
June closes her eyes during the hearing
Facing his fate: Oscar Pistorius talks
to one of his defence lawyers before the start of his sentencing
hearing at the High Court in Pretoria that will determine whether he
faces up to 15 years in prison or walks out a free man
COULD OSCAR PISTORIUS SERVE HIS SENTENCE AT THIS MUSEUM?
As
punishment for killing his girlfriend, a social worker has recommended
that Oscar Pistorius carry out 16 hours of community service a month,
suggesting the Transvaal Museum, also known known as the Ditsong
National Museum of Natural History, as a possible location.
Founded
in 1892, the museum (above) houses hominid fossils from the Cradle of
Humankind World Heritage Site on the outskirts of Pretoria.
One
of those includes the near-complete fossil skull nicknamed Mrs Ples
which is believed to represent a distant relative of all humankind.
It
is also home to associated fauna as well as skeletons, skins and
mounted specimens of amphibians, fish, invertebrates, reptiles and
mammals.
The museum is one of the largest in South Africa.
Its website
boasts that it is unique because 'it is the only institute in South
Africa that offers the local, national and international community the
opportunity to view its collections including original fossil material
usually denied the public'.
But when he finally did read out a statement expressing his remorse in court, he was attacked in the media, she added.
'He felt he was damned if he did and damned if he did not,' the counsellor added.
Suffering
from unresolved and profound grief and post traumatic stress disorder,
Pistorius spent his sessions with his confidante sweating, trembling,
pacing the room, often so overcome with sobbing that he couldn't speak.
Often he had to flee the room to vomit, Dr Hartzenberg said.
He
expressed 'a longing' for his girlfriend of just over three months, had
considered her to be 'the one', had put down a deposit on a house for
them to share and made plans for her to accompany him to competitions
overseas, the hearing was told.
'His grief is exacerbated by the suffering of her family and friends.'
She
described her client's dramatic 'fall from grace from being a global
icon on the international stage' to being 'vilified and humiliated in
some media reports and social networks which had a profound effect on
his identity of self.'
'He feels worthless, devastated and guilt-ridden,' she added.
She
said in his sessions, he had expressed a desire to move to Mozambique
to work in a rural school owned by his uncle, the court heard.
He suffered flashbacks, struggled to eat and sleep properly and avoided people and places that reminded him of the shooting.
He
felt isolated and rejected by friends they shared and the televising of
his trial had compounded his grief at the killing for which he accepted
total responsibility.
Responding
to Dr Hartzenberg's description of a broken man, prosecutor Gerrie Nel
asked the psychologist about the impact to Miss Steenkamp's family.
'Would you not expect a broken family?' he asked, highlighting Mr Steenkamp's health problems.
Mr Nel said Pistorius also had the opportunity to return to his life and his track career.
'We are now dealing with a broken man, but he is still alive,' the prosecutor said.
The
court then heard from Mr Maringa, who argued that Pistorius should not
be 'destroyed' for his actions and recommended the runner be made to
carry out 16 hours of community service a month.
He
would stay at his uncle Arnold's upmarket home and carry out 'general
work' including cleaning at the Transvaal Museum, he suggested.
Strain: Miss Steenkamp's parents,
Barry and June Steenkamp (centre), took their sets in the public gallery
for the hearing, which is expected to last four days and could see them
give evidence
Support: Pistorius's sister Aimee (left), uncle Arnold (second right) and aunt Lois (right) listen to the hearing
He said: 'The accused does not have previous convictions. He has never violated parole conditions or escaped from prison.
'He is undergoing therapeutic sessions after being diagnosed with post-traumatic stress disorder.
'He is mainly surviving on savings made prior to his arrest. The accused will benefit from correctional supervision.'
But
he said the sprinter would have to attend programmes on handling
emotions, firearms and refrain from drinking during the period of his
supervision.
He
said Pistorius was considered to be 'still of value to the community',
adding that 'he should not be destroyed' as a result of his actions.
In
cross-examination, Mr Nel dismissed the recommendation of the
authorities as 'shockingly inappropriate' and invited Mr Maringa to
consider how the parents of the runner's victim would feel if he was not
punished for killing their child.
The
court also heard that Miss Steenkamp's father Barry had suffered a
stroke after her death and her mother June repeatedly collapsed in
tears, their lives ripped apart by the tragedy.
Mr
and Mrs Steenkamp have confirmed they will not give evidence to the
hearing from the witness stand, thereby subjecting themselves to
cross-examination from defence counsel Barry Roux, but instead have
prepared a statement to be read to the court.
There
are two women who are expected to be called by prosecutor Gerrie Nel
whose testimony will prove uncomfortable listening for Pistorius.
Samantha
Taylor, the athlete’s former girlfriend who has accused Pistorius of
cheating on her with Miss Steenkamp, is sitting in the back of the court
with her mother Trish, who has penned a book about her daughter’s
relationship with the fallen track star called, Oscar: an accident
waiting to happen.
In
the hours after the fatal shooting, Mrs Taylor posted on her Facebook
page: 'I am so glad that Sammy is safe and sound and out of the clutches
of that man.
A stony-faced Pistorius stared straight ahead as police officers escorted him into the court building in Pretoria
Lives
ripped apart: The court heard that Miss Steenkamp's father Barry (left)
had suffered a stroke after his daughter's death and her mother June
(right) repeatedly collapsed in tears
'There were a few occasions where things could have gone wrong with her and his gun during the time they dated.'
Gina
Myers is also said to be keen to give the hearing her own insight into
Pistorius’s character and the nature of his relationship with her best
friend.
Miss Myers, a make up artist, has been in court almost every day of the trial, along with her mother and sister.
Miss
Myers is expected to be asked by Mr Nel about the athlete’s temper and
behaviour towards Miss Steenkamp during their short, volatile
relationship.
Earlier, a stony-faced Pistorius stared straight ahead as police officers escorted him into the court building in Pretoria.
He declined to answer questions from the scrum of reporters, but greeted his family inside the court with smiles and hugs.
After
a six-month trial that captivated South Africa and millions more around
the world who admired Pistorius as a symbol of triumph over physical
adversity, opinion is starkly divided on the eventual outcome.
A
non-custodial sentence would be likely to spark public anger, fuelling a
perception among black South Africans that, 20 years after the end of
apartheid, wealthy whites can still secure preferential justice.
'At
the end of the day a young lady was killed and someone should pay for
it,' said 57-year-old Mildred Lekalakala, a member of the Women's League
of the ruling African National Congress.
Four
days worth of legal arguments are expected to be put forth before South
African judge Thokozile Masipa before Pistorius's fate is decided.
Several
police officers stood guard on the dais where the judge sat amid
concerns about her security after her acquittal of Pistorius on the
murder charge sparked anger and controversy.
Left, Reeva
Steenkamp and Oscar Pistorius pictured together in January last year
and right, Pistorius competing in the men's 100m heats at the 2012
London Paralympics
After
an initial charge of premeditated murder was struck down, Pistorius now
faces up to 15 years in jail for the lesser charge of culpable homicide
or negligent killing.
Sentences
for such a crime can range anywhere from a suspended sentence and fine
to more than a decade in prison and there are equally varying
predictions of what sentence he will receive.
While
some experts claim he may not go to jail due to his disability, remorse
and the fact he is a first time offender, others anticipate he will be
imprisoned because of the severity of the crime.
Reeva
Steenkamp, his 29-year-old girlfriend, died in the hail of bullets he
shot through the bathroom door on Valentine's Day last year.
Prosecutors
said he had opened fire in anger after the couple argued, while the
runner testified that he mistook Steenkamp for an intruder who was about
to exit the toilet and attack him.
George
Bizos, a human rights lawyer, said: 'I think that the probabilities are
that the judge will send him to prison for a certain period, but not a
very long one.'
Kelly
Phleps, a University of Cape Town public law senior lecturer, said
there were clear aggravating and mitigating factors that could sway the
judge's sentencing decision, but it was difficult to accurately predict
the penalty because the 'sentencing law is so individually applied'.
Whatever
the sentence, it will finally close the curtain on a trial which has
generated near unprecedented coverage in the face of overwhelming public
interest.
Producer
George Mazarakis, who was responsible for the 24-hour television
coverage, said the case was compelling for a number of reasons, the Guardian reported.
'Here's this titan of a human being - part man, part machine, almost a mythical being - and then he has this fall from grace.
'It came across to me this is a Greek tragedy playing out with two lives indelibly damaged. It was irresistible.'
There are past culpable homicide sentences in South Africa that provide some context for the Pistorius case.
They
include a singer known as Jub Jub whose murder conviction was
overturned and replaced with a culpable homicide conviction this month,
dropping his prison sentence from 25 to eight years.
He
was arrested after a 2010 drag race in which he and another man
ploughed cars into a group of schoolchildren, killing four and seriously
injuring two.
In
a separate case, a taxi driver's murder conviction was also reduced to
culpable homicide last year, cutting his prison time to eight years
instead of 20.
The driver's car had hit a train and 10 children died in the accident.
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