'Pistorius can't be found guilty of premeditated murder'
Judge Thokozile Masipa said the state failed to show direct intention, let alone premeditation.
PRETORIA - Judge Thokozile Masipa has said that murder accused Oscar Pistorius can't be found guilty of murder dolus eventualis.
"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," Masipa told a packed court, as tears streamed down Pistorius's face.
The accused remained in the dock, overcome with emotion. His sister Aimee was with him.
Masipa said there was nothing to show that Pistorius didn't legitimately think that there was actually an intruder in the house.
"The accused is the only one who can say in what state of mind he was in when he killed the deceased."
She said the state failed to show direct intention, let alone premeditation.
Masipa said the timeline of events tipped the scales in favour of the accused's version.
But she said the accused was not truthful when asked what his intention was when he armed himself.
"He was not truthful about intentions. He was not candid with the court when he said he did not have intention to shoot."
The judge said another question is why the accused fired four shots and not just one.
"The deceased was killed in peculiar circumstances. Why did the accused not ascertain her location?"
She was highly critical of Pistorius's conduct on the stand, saying how he was evasive and blamed his legal team.
Masipa said that it was only cross-examination that the athlete was not a good witness.
"In evidence in chief he was composed, but under cross-examination he lost his composure."
The court has adjourned for lunch.