Culpable Homicide

"You can't shoot through a closed door. People who own guns and have been through the training, they know that shooting through a door is not going to go through South African law as an accident. There is no situation in South Africa that allows a person to shoot at a threat that is not identified. Firing multiple shots, it makes it that much worse. ... It could have been a minor -- a 15-year-old kid, a 12-year-old kid -- breaking in to get food."
Andre Pretorius, president Professional Firearm Trainers Council, South African firearms instructors regulatory body

 Oscar Pistorius wrote in an affidavit to the magistrate who allowed him to go free on bail that he believed an intruder had penetrated his home. Where the gated community he lived in was guarded, had walls topped by electrified fencing. But, he claimed, he was convinced there was an intruder in his home, someone who meant to do him harm. Who would also, incidentally, pose harm to his house guest.

Whom, despite his reasoning, he hadn't ensured was not next to him in the bed they were sharing that night. Despite which, he carefully reached under the bed for a firearm that he kept there, in case of just such emergencies. The gun was positioned, according to the claims of the police investigators, under that side of the bed where the eventual victim, Reeva Steenkamp, would have been.

M-Net Carte Blanche/The Associated Press/FileIn this frame grab from CCTV footage leaked to M-Net's Carte Blanche program which viewed Sunday Feb 24, 2013, shows Reeva Steenkamp entering the secured access to the Silverwoods housing estate, home of Olympian athlete Oscar Pistorius, some hours before she was shot and killed at Pistorius' home. 

Firearms and legal experts in South Africa believe that the country's star athlete had acted impulsively perhaps without intent, succumbing to fear at best, carrying out a devious plan at worst, violating basic gun-handling rules. That by shooting into a closed door without knowing who might be behind it, he laid himself open to a homicide charge.

In purported fear of a nighttime intruder, but without knowing without a shadow of a doubt that an intruder had infiltrated the secure compound and his home, he repeatedly shot at a closed door. The 'intruder' whose malevolent intent he feared was Reeva Steenkamp, in the toilet cubicle. And when Oscar Pistorius fired that 9mm pistol she died almost immediately.

The use of lethal force for self-protection comes with legal guidelines. To qualify for a firearm permit, applicants must be aware of rules for gun ownership and use of a lethal weapon.  One of the cardinal rules, aside from the demonstration of proficiency in safe weapons-handling is that a firearm is never, ever fired at a closed door without certain knowledge of what is behind that door.

Firing blindly at a closed door rather than at a clearly defined and identified target represents a clear violation of basic gun-handling rules.  Oscar Pistorius's family is confident that evidence will more than adequately prove the death of Reena Steenkamp represented "a terrible and tragic accident."

But experts in South African criminal law feel that even if the prosecution fails in its effort to prove premeditated murder, the firing of several shots through a closed door should bring a conviction for the serious charge of culpable homicide, the South African equivalent of a manslaughter charge - unintentional death through negligence.

South African legislation permits gun owners the use of lethal force only if they believe a serious and direct attack or threat of attack is imminent. One that would cause death or grievous injury to themselves. And according to Johannesburg lawyer Martin Hood, whose specialization is firearm law, and who is a spokesman for the South African Gun Owners' Association, Mr. Pistorius "did not meet those criteria". 

"If he fired through a closed door, there was no threat to them. It's as simple as that. He can't prove an attack on his life...  In my opinion, at the very least, he is guilty of culpable homicide."