Blade Runner may buy way out of jail

A look inside the prison Oscar Pistorius could serve time at when he is sentenced for culpable homicide next week. Deborah Gembara reports.

Convicted killer ... Oscar Pistorius will return to court tonight for sentencing. Picture: Getty Images. Source: Supplied

CONVICTED killer Oscar Pistorius returns to court in Pretoria for sentencing tonight but it could be weeks, months, even years before he knows his fate.

And far from the long jail sentence that state prosecutors called for during his murder trial, it is highly likely that the double-amputee Olympian known as 'Blade Runner' will never spend another night behind bars.

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Pistorius was cleared by Judge Thokozile Masipa of the premeditated murder of his girlfriend of four months Reeva Steenkamp, but convicted of culpable homicide — or manslaughter — after a trial that lasted six months

Tragic loss ... Reeva Steenkamp had been visiting Pistorius for St Valentine's Day when she was shot dead. Picture: AP Source: Supplied

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Tonight Judge Masipa will reopen the case and call for submissions from both legal teams before retiring to decide what sentence to impose.

According to Dr Llewelyn Curlewis, northern provinces president of the Law Society of South Africa, it is a process that could take weeks and will probably result in a non-custodial sentence.

"First the defence will have the opportunity to provide information on mitigating circumstances," he said. "This could be a written submission, or defence advocate Barry Roux could call witnesses, including Oscar Pistorius. The state will have the chance to cross-examine.

"When the defence closes its case it will be the state's turn. Prosecutor Gerrie Nel will present aggravating circumstances and may call witnesses, including family members of the deceased. Roux will be able to cross examine.

Guilty ... Oscar Pistorius in his garage just hours after killing Reeva Steenkamp. Picture: Supplied. Source: Supplied

"This will take several days and my own opinion is that the judge will then adjourn for one, two or three weeks to make her decision, taking into account the submissions and looking at comparable cases of culpable homicide."

The judge has two options, to impose direct imprisonment of up to 15 years, or non-custodial "correctional supervision".

"Any custodial sentence of under eight years would be seen as very lenient, but you have to take into account that Pistorius is a first offender with no other offences or sanctions on his record," Dr Curlewis said.

So sad ... a mourner holds the order of service at Reeva Steenkamp's funeral. Picture: AFP Source: Supplied

"Correctional supervision is what we call an umbrella sanction. There are numerous small sanctions that can be included within it, such as home arrest, financial compensation to the victim, community service.

"My take on the matter is that this is what the judge will order. Our prisons are overcrowded and judges are told to avoid the burden on the community and the taxpayer of a custodial sentence where possible.

"Remember culpable homicide is a negligent offence, not an intentional offence, so on the facts presented in the case it could be argued that Oscar Pistorius is no threat to society.

"Another alternative is that he could be offered the option of paying a penalty fine to get out of jail, something he and his family are more than capable of doing."

Fall from grace ... Oscar Pistorius crosses the line to win gold at the London 2012 Paralympic Games. Picture: AFP Source: Getty Images

Court drama: Legal experts foreshadow an appeal in the Oscar Pistorius murder trial

Both sides have the option of appealing Judge Masipa's sentence to the Supreme Court of Appeal. Dr Curlewis believes the defence is the more likely to follow this path.

"The appeal process is long and expensive, plus there are political issues which make it unlikely that the state would appeal. Both Judge Masipa and the National Director of Public Prosecutions are government appointees and it would not be the done thing for one to be seen to criticise the other.

"They may not have got the verdict they wanted, but the state did secure a conviction. It wasn't first prize, but it is still conviction of a serious offence. In most cases they would be satisfied with this but if the defence believes the sentence is overly severe I would expect them to appeal, which could force the state to cross appeal."

If the prosecution does decide to cross appeal, Dr Curlewis believes they won't just be trying to have the judge's sentence upheld; they will be going for a whole new verdict.

"My gut feeling is that they will go in with all guns blazing and try to have the original verdict thrown out and secure a verdict of murder," he said.

"If that is what happens, it could take a year or two to be decided. We would be back to square one."

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