Oscar Pistorius acquitted on two charges

The athlete was acquitted of possession of illegal ammunition and shooting out of a sunroof.

Oscar Pistorius arriving under heavy police guard at the High Court in Pretoria ahead of judgment in his murder trial on 12 September 2014. Picture: Christa Eybers/EWN.

PRETORIA - Judge Thokozile Masipa has found Oscar Pistorius guilty on the charge of negligently discharging a firearm at Tasha's in Melrose Arch.

"The State has proved beyond reasonable doubt that the accused contravened the sections of the Firearm Control Act."

She said Kevin Lerena was a good witness and showed no bias.

"His evidence is accepted in full. and witness Darren Fresco's evidence is also accepted."


On Count 4 or the charge of illegal possession of ammuntion, Masipa found him not guitly.

"The State has to prove there is a mental intention to possess the firearm or ammunition to secure a conviction."

Masipa said Pistorius needed to have necessary mental intention to possess ammo illegally.

"It is possible to possess a firearm innocently, like a person who picks up a firearm to return it to its owner."

Masipa says Pistorius's version remains uncontroverted and the State failed to prove that the athlete had intention to possess the ammunition..


For count 2, which is the incident in which Pistorius shot through a sunroof of a car near the Vaal Dam, Masipa found Pistorius not guilty and acquitted the charge.

She said the State had failed to prove its case.

"Evidence placed before the court falls short of conviction. State has failed to establish conviction. The state has failed to establish that the accused is guilty on this count and has to be acquitted."

She also recounted the entire incident and dismissed witness Darren Fresco's testimony.

Masipa also questioned Samantha Taylor's position as an embittered ex-girlfriend but again says it needs to be viewed in total.

"Taylor was a former girlfriend. She said the relationship ended when the accused was unfaithful. She was clearly hurt."

When court beagn, Masipa jumped straight into count 2.

"While Fresco confirmed the incident he had a different version of events."

She added that Fresco said he asked the accused what he was doing after the shot was fired.

"Fresco disputed the version described by Taylor, he said he was angry with what had happened. The accused denied firing the shot through the open sunroof."

Masipa said counsel for the accused pointed out the contradictions in Taylor and Fresco's evidence should be disregarded and the state argued that the pair had no reason to conspire against the accused.

"Fresco was not an impressive witness at all, he was proved to be dishonest."