Pistorius walks on stumps as his lawyer pleads for leniency

{He said his disability will make his time in jail unbearable.}

Convicted Paralympian Oscar Pistorius walked on stumps in court on Wednesday as his lawyer Barry Roux pleaded with Judge Thokozile Masipa not to sentence him to 15 years in jail.

The Supreme Court overturned the initial culpable homicide sentence and the State is now gunning for a minimum 15 year term for murder. Mr Pistorius shot and killed his model girlfriend Reeva Steenkamp on February 14, 2013.

Advocate Roux told the court that the athlete had a torrid time in prison during the 12 months he spent at Kgosi Mampuru II before being released on parole.

He said his disability will make his time in jail unbearable.

Mr Roux called his client forward and told the court what he was about to do would be embarrassing for him.

He asked a weeping Mr Pistorius to remove his prostheses and stand on his stumps in front of the court. He did so slowly, then walked haltingly.

The former paralympian appeared to be in pain and struggled to retain his balance. He held on to a desk for support.

Roux then pointed to him, saying “this is the man who was frightened by a noise at 3am”.

Final arguments are being heard in the North Gauteng High Court and Mr Roux has maintained his argument that the former athlete did not mean to kill Ms Steenkamp.

“The SCA (Supreme Court of Appeal) found that although frightened, his fear was rational,” argued Mr Roux.

He added that Mr Pistorius’s disability and anxiety disorder affected his ability to think clearly when faced with danger.

He told the court “there was a perception created that the accused wanted to kill the deceased, and the perception stays”.

The athlete will know his fate on Friday at the end of a five-day pre-sentencing hearings. “It is three o’clock in the morning, it is dark, he is on his stumps,” Mr Roux said, stressing his client’s vulnerability.

“His balance is seriously compromised and… he would not be able to defend himself. He was anxious, he was frightened. His perception that he and the deceased were in danger was fortified by finding the open bathroom window. He believed the person in the toilet was an intruder and deceased was at the time in the bed,” Mr Roux said.

PAYING HEAVILY
In March, the Supreme Court of Appeal found Pistorius guilty of murder — irrespective of who was behind the door when he opened fire with a pistol he kept under his bed.

The standard jail term for murder in South Africa is 15 years, but Pistorius’s sentence may be reduced due to the year he has already spent in prison and mitigating factors, including his disability.

Mr Roux urged judge Masipa to “entertain the correct facts and not to be drowned by the many perceptions” whirling around the case that attracted years of intense public scrutiny.

“The accused has lost everything. He can never ever resume his career,” Mr Roux said.

“He lost his future… he has paid physically, he is the shadow of the man he was. He is a broken man, he has paid financially, he has paid socially. He is paying constantly.”

State lawyer Gerrie Nel started his arguments to push for a severe penalty. “He knew there was someone behind the door,” he said.

“Using a lethal weapon, a loaded firearm, the accused fired not one but four shots to the toilet door,” Mr Nel said. “He failed to provide any acceptable version for his conduct.”

Pistorius was originally convicted of culpable homicide — the equivalent of manslaughter — until the appeal court upgraded his crime to murder.

Judge Masipa, who gave the original verdict, is due to hand down a new sentence for murder after final arguments are completed.

Thursday is a national holiday in South Africa, and the sentence could be given on Friday — with Pistorius facing an immediate return to jail.

Earlier, Kim Martin, Reeva Steenkamp’s cousin, gave the last state evidence in the hearing.

“I never ever heard him say that ‘I apologise for shooting, murdering Reeva behind that door’,” she told the court. “We just wanted the truth.”

She added that she was uncertain whether Pistorius and Steenkamp were in a truly loving relationship.