Prosecutor demands 10 years' jail for Pistorius

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Oscar Pistorius arrives at the North Gauteng High Court for the fifth day of sentencing on October 17, 2014 in Petoria, South Africa.

South African paralympian Oscar Pistorius, who was found guilty of capable homicide for causing the death of his girlfriend Reeva Steenkamp, will know his fate on Tuesday. The defence and the prosecution concluded their heads of argument in the sentencing procedures at the Pretoria High Court on Friday. The prosecution is calling for up to ten years imprisonment but the defence wants a non-jail sentence to be imposed.

The past five days have been emotional for Pistorius, his family and that of Reeva Steenkamp as lawyers challenged each other on whether Pistorius should be given a jail or non-jail sentence.

On Friday it was time for the lawyers to file the closing heads of argument and leave Pistorius's fate in Judge Thokozile Masipa's hands.

Defence lawyer Barry Roux was the first to address the court. He pleaded with the court not to impose a jail sentence but instead sentence Pistorius to correctional supervision combined with community service.

"The accused did not consciously act unlawful. His actions were to some extent dominated by anxiety and vulnerability," Roux said.

He also argued that the accused had already suffered from negative publicity that his case attracted from all over the world.

Roux told the court, "Those extreme emotions suffered by the accused are not in dispute."

"He lost everything. This man was a global icon. He has nothing left. He cannot even pay his legal fees."

Roux also told the court that Pistorius was now a broke and broken man. This got Pistorius to start crying.

Roux insisted that prison conditions and facilities will not be able to carter for the needs of Pistorius as an amputee. He dismissed suggestions from correctional services that he could be accommodated in the prison hospital where conditions are suitable for disabled people.

"Putting him with people suffering from ailments and disease for how long? Must he not come out? It can never be a suitable punishment to lock up a person in a hospital," said Roux.

But State Prosecutor Gerrie Nel, hit back accusing Pistorius of trying to hide behind his disability. He urged the court to give a maximum sentence saying a non-jail term may anger the society and influence people to take the law into their own hands.

Nel argued, "We should not fail the parents in this instance."

"The seriousness of the crime, the interest of the society and that of the victim by far outweighs the circumstances of the accused."

He persuaded the court to consider the emotional trauma and loss suffered by Reeva's family as a result of his violent death. This caused Reeva's family members more devastation and they visibly fought back tears.

"The minimum term that society will be happy with, will be a ten years imprisonment sentence. I could have started at 15 and hoped that the court will suspend five, but this is a serious matter. The negligence borders on intent," Nel told the court.

Now Oscar's fate lies in the hands of Judge Thokozile Masipa, who did not hide her feelings about the sterling performance put by both the defence and the prosecution during the 48 days of the trial.

Masipa thanked both counsels for a job well done, "I must say I am impressed at the way counsels conducted themselves and in the way that they assisted this court throughout, so thank you very much to both of you."

Now all eyes are on Judge Masipa as she prepares to deliver her sentence on Tuesday. Legal expert, Ulrich Roux, a defence attorney, says it will not be an easy decision to make.

"I would certainly say that a strong case has been made out for correctional supervision, but then again a very strong case has been made for a sentence of imprisonment," said Ulrich.

Sentence will be delivered on Tuesday.

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