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Pistorius: community service?

October 13, 2014

Oscar Pistorius should not go to jail for the manslaughter of Reeva Steenkamp, a social worker has told the first day of his sentencing hearing. The South African athlete faces up to 15 years behind bars.

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Oscar Pistorius Ankunft Pretoria Gericht 13.10.
Image: Reuters/Siphiwe Sibeko

Pistorius' defense team began its efforts on Monday to avoid a jail term for the 27-year-old, in the first of several days of the athlete's sentencing hearing. Pistorius was found guilty last month of the negligent killing of his girlfriend, 29-year-old law graduate Reeva Steenkamp, whom he shot dead through a locked toilet door in the early hours of Valentine's Day 2013.

A South African prison social worker recommended Pistorius, a double-amputee Paralympic sprinter, serve three years of partial house arrest and community service for Steenkamp's killing.

Arguing against a prison term, the social worker, Joel Maringa, said Pistorius was a "cooperative" person who should receive "correctional supervision."

"The accused will benefit from correctional supervision," Maringa said, adding that "he will get an opportunity to restructure and modify his behavior."

Maringa recommended Pistorius be declared unfit to own a gun, but said the trauma Pistorius has experienced "has already been punishing enough."

Prosecutor Gerrie Nel described Maringa's suggestion as "shockingly inappropriate." He questioned whether Maringa understood the seriousness of Pistorius' crime, after Maringa admitted to not having detailed knowledge of the case.

Pistorius' manager Peet Van Zyl highlighted the athlete's commitment to charity work for disabled people, while therapist Lore Hartzenberg spoke of Pistorius' love for Steenkamp and authentic remorse after killing her.

"What we are left with, My Lady, we are left with a broken man who has lost everything," Hartzenberg said.

"It is foreseen that Mr Pistorius will require intensive and ongoing psychotherapy."

What Pistorius faces

Judge Thokozile Masipa, who accepted Pistorius' plea that he mistook Steenkamp for an intruder, has a wide discretion in choosing the appropriate sentence. It could range from a fine to 15 years in prison.

In her ruling last month, Masipa said Pistorius did not mean to kill anyone, but acted negligently and unreasonably, knowing there was someone in the toilet with little room to maneuver when he fired the shots.

Masipa's ruling outraged many in South Africa, and some legal experts believe she misinterpreted the definition of non-premeditated murder, saying Pistorius must have known that shooting four times through a locked door could kill a person. Some also questioned whether the justice system was failing the crime-plagued country.

Masipa adjourned Monday's hearing early as Nel requested time to review documents before he calls at least two of the state's witnesses on Tuesday.

jr/tj (AFP, dpa, Reuters)