Five questions that may determine runner's fate

Olympic track star Oscar Pistorius returns to court on Thursday for judgment in his murder trial.

He is accused of killing his girlfriend Reeva Steenkamp on Valentine's Day of 2013. The double-amputee sprinter is also facing charges of gun and ammunition possession.

Here are the key questions that might determine his fate:

Who decides?

South Africa does not have jury trials, so the verdict will come down to Judge Thokozile Masipa. The judge has two "assessors", Themba Mazibuko and Janet Henzen-du Toit, who serve as aides. If the pair both disagree with Masipa's decision they could choose to overrule her on matters of fact.

Smoking gun?

There isn't a conclusive "smoking gun" in the case. Both defense and prosecution were arguably more effective when dismantling their opponents' case than in building their own.

But while in the dock, Pistorius appeared to change his defense, from saying he shot at Steenkamp through a locked door in self-defense thinking she was an intruder, to saying he fired "accidentally".

Masipa and her colleagues will have to assess reams of evidence from dozens of witnesses, but ultimately it may all come down to just one person's testimony.

Intention to kill?

Pistorius has admitted he killed Reeva Steenkamp, but the judge's understanding of his motive and state of mind will determine whether the killing was a criminal act. To find him guilty of murder, the state must prove there was a direct intention to kill.

"He could also be found guilty of culpable homicide, if the court finds that there was an indirect intent to kill," said Dadic. "The judge would find it hard not to find him guilty of anything."

Pistorius' lawyers tried to argue that his disability bred a sense of insecurity that made him shoot wildly at a perceived intruder. But Dadic said "to acquit him based on his disability would set a bad precedent".

Will he go to jail?

If found guilty the judge will prescribe a suitable sentence based on the evidence and mitigating factors put forward by the defense.

"There is no prescribed sentence, unless he is found guilty of premeditated murder, which carries a 25-year term," said Dadic. "For culpable homicide he might get anything from a suspended sentence to a jail term."

Will he appeal?

If convicted, Pistorius will most certainly appeal, according to sources familiar with the case.

"The trial is the first leg of a multi-legged legal process. It's just the beginning," said Dadic. "If he gets a jail term on any of the charges he can appeal. The appeal process can take years."

(China Daily 09/10/2014 page10)