Case

Topics: Toilet Pages: 73 (20406 words) Published: October 30, 2014
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA

CASE NO: CC113-2013
DATE: 2014-09-11, 12

In the matter between
THE STATE
and
OSCAR LEONARD CARL PISTORIUS

Accused

BEFORE THE HONOURABLE MS JUSTICE MASIPA

ASSESSORS:

ADV J HENZEN DU TOIT
ADV T MAZIBUKO

ON BEHALF OF THE STATE:

ADV GERRIE C NEL
ADV ANDREA JOHNSON

ON BEHALF OF THE DEFENCE:

ADV BARRY ROUX SC
ADV KENNY OLDWAGE

INTERPRETERS:

MS F HENDRICKS
JUDGMENT
VOLUME 42 (Page 3280 - 3351)
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JUDGMENT

IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
CASE NO: CC13/2013
DATE: 2014-09-11
2014-09-12

In the matter between
THE STATE
and
OSCAR LEONARD CARL PISTORIUS

Accused

JUDGMENT

MASIPA J:

In 2013 the accused stayed at house number 286

Bushwillow Street, Silverwoods Country Estate, Silver Lakes. The house with a double storey with the main bedroom on the first floor, the accused slept in the main bedroom which had en suite facilities, that is a bathroom and a toilet.

To reach the bathroom from the main bedroom one had to walk
through a passage, although there was no door separating the main bedroom. From the bathroom there was a door to the toilet that opened to the outside that is into the bathroom. The toilet was a small cubicle.

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The main bedroom had a sliding door that led onto a balcony. There were blinds on the windows and thick curtains which hung on the windows and the sliding door. When the blinds were closed and the curtains were drawn, the main bedroom was dark.

On 13 February 2013 the accused spent the evening in his
home with his girlfriend, Reeva Steenkamp. In the early morning hours of 14 February 2013 the accused shot and killed Steenkamp, the deceased. At the time the shots were fired the deceased was inside the locked toilet. As a sequence to the above the accused was charged 10

with the murder of Reeva Steenkamp, read with the provisions of Section 51(1) of the Criminal Law Amendment Act 105 of 1997. In addition, he was charged with the following counts:
Count 2: Contravention of Section 120(7) of the Firearms
Control Act 60 of 2000 – in that the accused is guilty of the offence of contravening the provisions of Section 120(7) read with Sections 1, 103, 120(1)(a), Section 121 read with schedule 4 and Section 151 of the Firearms Control Act 60 of 2000, discharge of a firearm in a built-up area or any public place.

The indictment carries on, in that on or about 30 September

20

2010 and while travelling in a vehicle with other passengers on a public road at or near Modderfontein in the district of Kempton Park, the accused did unlawfully discharge a firearm without good reason to do so, by firing a shot with his own 9mm pistol through the open sunroof of the car they were travelling in.

Alternative to count 2: Contravention of Section 120(3)(b) of the

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Firearms Control Act 60 of 2000 – That the accused is guilty of the offence of contravening the provisions of Section 120(3)(b) read with Sections 1, 103, 120(1)(a), Section 121 read with schedule 4 and Section 151 of the Firearms Control Act 60 of 2000 – reckless endangerment – in that on or about 30 September 2012 and at or near Modderfontein in the district of Kempton Park the accused, in the circumstances mentioned in count 2 above, discharged a firearm to wit his 9mm pistol with reckless disregard for other passengers in the car and/or people in the vicinity.

10

Count 3:

Contravention of Section 120(7) of the Firearms

Control Act 60 of 2000 – That the accused is guilty of the...
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