High noon for Oscar Pistorius as trial nears end

The next two days are pivotal ones for the case as the strongest argument could swing the final verdict. After a total of 37 witnesses and 39 days in court stretched over more than four months – it all boils down to who will have the most convincing version of events. A law lecturer at the University of Cape Town Kelly Phelps says “it’s all about how persuasively either side is argued.” Each side gets the chance to paint a strong narrative of their version of events. Was it cold-blooded murder as the state will argue or a terrible mistake as the defence maintains? The defence insists that Pistorius shot his girlfriend Reeva Steenkamp after mistaking her for a burglar.

‘Sobbing and retching’

The only person who could explain that was Pistorius himself who testified in his own defence. But the defence’s star witness fell apart on the stand – sobbing, retching and fumbling his way through his testimony – totally unable to withstand the relentless onslaught from Chief Prosecutor Gerrie Nel. The defence also had to counter prosecution evidence that Pistorius’s neighbours heard the blood-curdling screams of a terrified woman. A string of expert witnesses were paraded in court but by and large they were decimated by Nel. And Pistorius having first pleaded putative self-defence – danger was approaching and I had to protect myself then changed it to involuntary action – I was not thinking and the shots just went off.

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Then the defence even tried the mental illness route – but that backfired when Pistorius was sent away for a 30 day psychiatric evaluation that ended with the finding he had no mental illness and could tell right from wrong.This has left his disability to take centre stage. It’s ironic that Pistorius spent his entire career downplaying the fact that he is a double amputee – now his entire bid to stay out of jail could depend on emphasizing it.

Pistorius once told a journalist, “I am not disabled, I just don’t have any legs. Now a major pillar of his defence is the psychology of vulnerability that his team argues accompanies his disability. The defence have tried to paint Pistorius as anxious and extremely vulnerable when on his stumps which is why he armed himself and fired at a supposed intruder. It’s a tough ask when there is absolutely no doubt that he killed Steenkamp. At the end of the day -this is not a whodunnit, but a why-dunnit.

Character witness

But at the end of the day it doesn’t matter how weak the defence’s case is, in terms of South African law it’s up to the prosecution to prove guilt. And Judge Thokozile Masipa to decide whether Pistorius is guilty beyond reasonable doubt of intentionally killing Steenkamp. Character witness played a huge part. The prosecution has portrayed him as anenraged narcissist while the defence has tried to paint him as a tragic hero who suffers the pervasive loss of his legs and his mother.

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Gerrie Nel has built a case on the theory that Pistorius and Steenkamp fought on Valentine’s Day and she fled from him, locking herself in the bathroom out of fear. Nel repeatedly stated in court that Pistorius’s testimony cannot be believed and that he is a liar. While cross-examining Pistorius in April Nel demanded that Pistorius admit his crime.

“You killed her, admit it, you killed her. Say, ‘I shot and killed her’. I will say that she ran away screaming. She ran to the bathroom to get away from you. You knew Reeva was behind the door and you shot her.” Nel’s argument will rely heavily on ear witnesses – neighbours who testified to hearing the blood- curdling screams of a terrified woman. The defence countered this by saying it wasn’t Steenkamp they heard but Pistorius screaming in mortified horror when he realised his mistake.

Ballistics

And ballistics played a strong role in his case with evidence being led that there was a pause between the shots fired by Pistorius allowing Steenkamp time to scream. The defence’s ballistic experts suggested that Steenkamp died instantly. And then there is the difficult to explain evidence of food being found in Steenkamp’s stomach which the state pathologist said indicated she had eaten just a few hours before her death. Pistorius insisted they went to bed early and only woke shortly before the incident.

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Nel will also use mobile text messages to punctuate his argument in which Steenkamp claimed she was sometimes scared of Pistorius. Barry Roux went to great lengths to counter this with video evidence of the couple trying to prove they were in fact in a loving a relationship. In terms of South African law the burden of proof rests on the prosecution’s shoulders. And in the absence of a jury system in South Africa, Judge Thokozile Masipa together with her two assessors will decide after these closing arguments whether Pistorius is guilty beyond reasonable doubt of intentionally killing Steenkamp.

That verdict is expected between one to four weeks after the closing arguments.

Debora Patta is a South African broadcast journalist and TV producer. She reports regularly for Channel 4 News. You can follow her on @Debora_Patta