Give 'broken' Oscar get-out-of-jail card: defence

Psychologically distraught and racked by grief, a "broken" Oscar Pistorius could be gearing up to use his disability and career to stay out of jail.

On the first day of sentencing proceedings in the Pretoria High Court yesterday, his defence went all out in its bid for his freedom.

Pistorius, 27, has been convicted of culpable homicide for killing his girlfriend Reeva Steenkamp last year. Judge Thokozile Masipa stunned the nation when she acquitted him of murder.

The first defence witness to take the stand in mitigation of sentence, Pistorius's psychotherapist, Lore Hartzenberg, testified that he was a "broken" young man, tortured by the knowledge that he killed the love of his life.

She said Pistorius had been deprived of an opportunity to mourn after being charged with murder and this had exacerbated his guilt.

"He remains in an unresolved spiral of grief . suffering from post-traumatic stress disorder and depression. He has a longing for Reeva and has not reached a state of acceptance. His remorse is unabated and he requires ongoing therapy."

Also testifying for the defence, a social worker with the Correctional Services Department, Mashaba Maringa, said the fact that Pistorius was a first-time offender, with a promising career, made him a perfect candidate for correctional supervision.

"Our job is not to destroy people. They eventually return to society and we must help them contribute to their communities."

Maringa's recommendations, if accepted by the judge, could mean Pistorius will undergo:

• Three years of correctional supervision;
• 16 hours of community service a month, involving "domestic work" at a museum and a hospital; and
• Trauma counselling and anger-management and rehabilitation programmes.

Maringa recommended that Pistorius be banned from owning firearms.

Cross-examining him, prosecutor Gerrie Nel accused Maringa of failing to apply his mind and of not having read the judgment properly.

"What you are saying is shockingly inappropriate. What is relevant is the degree of culpable homicide. That someone was grossly negligent must be taken into account. The sentence must be harsh," Nel said.

Maringa reiterated that a custodial sentence was harsh and non-compliance would lead to incarceration.

Nel, asking Maringa if he knew what Pistorius's negligence was, said: "Objectively, Pistorius fired four times through the toilet door knowing someone was inside. He was not being attacked. He used a high-powered weapon. You made mistakes in the interpretation of the judgment."

Commenting on the sentencing procedures, the president of the Law Society of the Northern Provinces, Llewelyn Curlewis, told The Times: "Though first-time offenders should be kept out of jail, and courts must seriously consider other alternatives, the punishment must fit the crime."

Curlewis said Masipa had the ultimate discretion on what sanctions to impose on the athlete.