The judge in the Oscar Pistorius trial has ruled out
murder charges, but has left it to Friday to announce whether he is guilty of
culpable homicide.
Judge Thokozile Masipa said prosecutors had failed to
prove the Olympic athlete killed his girlfriend Reeva Steenkamp deliberately in
the toilet after a row, prompting tears from Mr Pistorius.
But she said he acted too hastily and his conduct had
clearly been negligent.
Adjourning the trial, she said a reasonable person would
not have fired.
Judge Masipa had earlier described Mr Pistorius as an
evasive witness but said this did not mean he was guilty.
Clearing him of murder charges, she said he could not have foreseen killing whoever was behind the toilet door.
Clearing him of murder charges, she said he could not have foreseen killing whoever was behind the toilet door.
The South African Olympic sprinter had denied murdering Ms
Steenkamp on Valentine's Day last year, saying he thought there was an
intruder.
Mr Pistorius, 27, has pleaded not guilty to all the
charges he faces, including two counts of shooting a firearm in public and the
illegal possession of ammunition.
A tense-looking Mr Pistorius looked on from the dock, and wept
several times during the proceedings.
The judge questioned the reliability of several witnesses
who apparently heard screams and gunshots at the time of the incident, saying
most of those who said they had heard the incident had "got facts
wrong".
The prosecution had used these witnesses to try to prove
that Mr Pistorius had killed Ms Steenkamp with premeditation after an argument.
Later in her judgement, Judge Masipa concluded that the
prosecution had failed in this.
"The state has not proved beyond reasonable doubt
that the accused is guilty of premeditated murder," she said. "There
are just not enough facts to support such a finding."
The judge added that the accused believed his life was in
danger and therefore could not be found guilty of a lesser charge of murder.
"How could the accused reasonably have foreseen that the
shot he fired would kill the deceased?" she said.
"Clearly he did not subjectively foresee this as a
possibility, that he would kill the person behind the door, let alone the
deceased as he thought she was in the bedroom at the time."
But Judge Masipa then adjourned for lunch before moving on
to the charge of culpable homicide, or manslaughter, which suggests negligence
without intention to kill and which could still mean a jail sentence.
Her decision to adjourn for the day took many by surprise.
The BBC's Andrew Harding says the court witnessed Judge
Masipa's logic and style - gentle, tolerant of error from witnesses, but razor
sharp.
Correspondents say the judge appeared to be moving much
more quickly than expected through the evidence, in a process which had been
expected take more than a few hours or even days.
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