Pistorius: The Charges And Possible Sentences

If the judge convicts Oscar Pistorius of the pre-meditated murder of his girlfriend Reeva Steenkamp, he faces a lifetime in jail with no possibility of parole for 25 years.

But the judge can give a reduced sentence if she finds "substantial or compelling evidence".

State prosecutors have insisted that the shooting involved a level of planning in that the runner had time to arm himself, disable the gun's safety catch, walk down the bedroom corridor towards the bathroom and fire four times into the toilet cubicle - a period in which he had time to consider what he was doing and the effects of his actions.

If Judge Thokozile Masipa finds no evidence of premeditation, she could consider finding him guilty of a legally less serious form of murder: that he fired the shots intending to kill, but did not plan it.

The prosecution has argued that even if he didn't plan it, he believed there was an intruder in the toilet cubicle and fired his gun intending to kill whoever was behind the door - making him guilty of murder.

If the judge agrees, the athlete faces a minimum mandatory jail sentence of 15 years in prison - which is, again, unless the defence provides "substantial and compelling" reasons to deviate from the prescribed sentence.

This does give Judge Masipa the option of finding Oscar Pistorius guilty of murder but free to impose an alternative to jail, such as correctional supervision or a suspended sentence.

But the judge may find the state has not proved beyond a reasonable doubt that the runner intended to kill. If so, she cannot convict on murder but may consider a verdict of culpable homicide - known as manslaughter in other countries.

His trial has attracted considerable media attention from around the world

This is where the court rejects the state's contention that the accused intended to kill, but finds him guilty of killing through negligence.

The prosecution has argued that Oscar Pistorius was grossly negligent, as no reasonable person would have fired four times through a door after hearing a noise, especially without ascertaining who was behind the door first.

There is no minimum sentence for culpable homicide in South African law, which allows the judge to look at options including a jail sentence, a suspended jail sentence, correctional supervision and even a financial penalty - or a combination of several of those options.

The double amputee arrives for closing arguments in Pretoria last month

But even if the athlete is acquitted on the murder charge, he still faces the possibility of a jail sentence on the other three charges.

The two charges of illegally discharging a firearm in a public place carry a maximum sentence of five years in jail each if he is found guilty, but no minimum sentence.

Meanwhile, the final charge of illegally possessing ammunition carries a maximum sentence of 15 years, but again there is no minimum sentence.

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Oscar Pistorius Faces Judgement Day In Trial

M'Lady: The Trial Judge Who Rose From Nothing

Updated: 11:49pm UK, Wednesday 10 September 2014

By Alex Crawford, Special Correspondent, in Pretoria

The fate of Oscar Pistorius lies in the palm of one Thokozile Masipa, a woman who grew up in poverty but rose to become only the second black female to be appointed a judge in South Africa.

From day one of the trial, the irony of this elderly black woman standing in judgement over a rich, privileged young white man cannot have been lost in a country with a racial history like South Africa.

The 66-year-old grew up under the apartheid system in Soweto - the most well-known disadvantaged township of them all at the time. 

She would have had to obtain permission from her white employers to travel to certain areas. She would have had to show her passbook when asked to by the police, which would have been often.

She would have been confined to all-black schools with deliberately limited opportunities and she would not have been allowed to vote.

Judge Masipa would have been 29 years old when a peaceful march by thousands of students in Soweto was broken up after police fired tear gas and live bullets. The Soweto uprisings as they became known led to similar protests across South Africa.

These events would have shaped Thokozile Matilda Masipa, who was the eldest of ten siblings.

She already had two main careers and had two young children by the time she started studying law in her forties - achievements which would be considered exceptional and remarkable for a white woman in South Africa (or anywhere), but were utterly unheard of for a black woman then.

Although she worked at a string of odd jobs beforehand, including as a nursing assistant and a tea lady, she sought largely vocational careers where her friends say she hoped to change the unequal South African landscape she was born into.

She became first a social worker and then a newspaper reporter, at one stage working as a crime reporter. It was a tough time to be a journalist.

Once she spent a night in the cells having been arrested for protesting at the unfair detention of some of her male journalist colleagues.

During her time as Womans Editor of The Post, she broke with tradition and wrote about female empowerment and the victims of police brutality rather than cooking recipes and fashion.

It seems she has been breaking with tradition ever since.

She graduated from law school in 1990, the same year that Nelson Mandela was freed from prison and eight years later became only the second black woman judge appointed to the High Court.

The woman known as "Tilly" to her longtime friends is known to be a quiet, diligent, conscientious, reserved person.

Her boss for 14 years is the former Judge President, Bernard Ngoepe, who remembers her being quick to help, uncomplaining and absolutely passionate about justice.

He was part of the process which saw her appointed judge.

He said: "I felt her past experiences in social work and journalism meant she had a certain empathy, a real feeling for the people she was dealing with. I liked that in her."

And what about being at the centre of South African legal history?

The Oscar Pistorius trial is the first to be broadcast live in South Africa - and around the world.

Mr Ngoepe said: "I rang and asked her whether I should do this interview with you.

"And you know what she said? She said it's neither here nor there. She said she hasn't read any of the newspapers or followed events on the television during this trial so its neither here nor there.

"I don't think it's made any difference to her that its been broadcast live."

In one rare interview a few years ago, Judge Masipa admitted her background affected the way she viewed the mainly poor, mainly young men who came before her in court.

She said: "I understand them because they are from the same place I come from. I wouldn't say I am too lenient but I am more understanding."

Certainly judging from at least one of her decisions, she is anything but lenient. She once sentenced a serial rapist to 252 years in jail for leaving his victims traumatised for life.

But her views on the six-month-long Pistorius murder trial have been difficult to decipher.

She has said little, intervened only when absolutely necessary and astonished many of the watching media by her ability to maintain a poker-face through some of the most dramatic moments of the 41 court days.

She has shown she is no pushover - admonishing the media, the public, the two advocates and publicly humiliating the defence's legal assistant when his mobile phone inadvertently went off.

"He apologises, m'lady," defence lawyer Barry Roux said.

"Well he can stand up and apologise himself," retorted the indomitable Judge Masipa. And he did.

Over the next two days, the inscrutable m'lady will take us through her thinking, her assessments, who she believes and who she doubts - and at the end of that, she will finally conclude whether Oscar Pistorius committed murder or not when he shot his girlfriend four times through the toilet door.

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What Happens If Scotland Leaves The Union?

Supporters of both sides of the Scotland referendum debate are mounting a final push for votes before the ballot on September 18. Sky News looks at what will happen if Scotland votes Yes to exit the UK:

:: 1.  When would Scotland become independent?

The Scottish Government has set a date 18 months from now, March 24, 2016, for Scotland's independence day.

:: 2. What would happen immediately after a Yes vote?

The first step on the morning after the result comes in would involve the forming of teams from both the Yes and No camps to take part in behind-the-scenes negotiations. SNP leader Alex Salmond has already indicated his deputy Nicola Sturgeon would lead the talks for the Scottish nationalists. It is not yet known who would spearhead the Westminster team.

The Queen is said to be privately concerned about the referendum

:: 3. What amendments would there be to the constitution?

The negotiating teams would devise a new constitution for Scotland and dissolve the 1707 Act Of Union.

:: 4. What would happen to the Queen?

The Yes campaign has said Her Majesty would stay as monarch so it would not be surprising if Mr Salmond seeks an audience with the Queen in the days and weeks after the vote.

:: 5. Would Scotland take part in the May 2015 General Election?

Scottish voters would still be able to take part, but their representatives would only potentially serve a 10-month term in office.

Scottish voters would still be able to vote in next year's General Election

:: 6. What currency would Scotland use?

That is still being thrashed out and yet to be decided. The three main Westminster parties - the Conservatives, Labour and the Liberal Democrats - have ruled out a currency union, although Mr Salmond insists an independent Scotland would keep the pound.

:: 7. How much of the UK national debt would be transferred to Scotland?

This is not yet known, but it is likely to be worked out on a per capita share - based on population.

:: 8. What would happen to Scotland's standing in global affairs?

Scotland would have to negotiate its own entry into the European Union and Nato, and the population would have to decide whether they want to have the euro.

Some Scottish troops service in historic English regiments

:: 9. What effect would independence have on Scotland's defence force?

The issue of defence is probably one of the most emotive - and uncertain. Scotland is likely to have its own independent defence force, in time, depending on practicalities and finances, for it has its North Sea oil and fishing industries to protect. Scottish nationalists are opposed to having the Trident nuclear deterrent and would want to see it removed from Faslane, on the west coast of Scotland, as soon as possible. However, Nato is fundamentally a nuclear alliance, and if Scotland struggles to become a member of Nato, it is likely to struggle to join the EU too, which would have a big impact on the Scottish economy. There is also the matter of service personnel - some of which will be currently serving in historic English regiments. Any division of troops north and south of the border would take years.

:: 10. What would independence mean in terms of travelling across the Scotland-England border?

An independent Scotland would control its own borders. The SNP would like to see an open border, but Home Secretary Theresa May has already warned she will not allow Scotland to be used as a back door for immigrants getting into England if Scotland adopts a looser immigration policy. So, we could see passport controls on the border between the two countries.

Scotland would introduce its own passport

:: 11. Would Scottish citizens need new passports?

A lot depends on whether Scotland joins the EU. Scottish citizens would be entitled to a Scottish passport, but a UK passport would still be valid until it expires. British citizens who were habitual residents in Scotland would be automatically considered Scottish citizens.

:: 12. What would happen to benefits and taxes?

Benefits and taxes will become the responsibility of the new Scottish government. In its white paper on Scotland's independence it says the Scottish Parliament will ensure that the personal tax allowance and tax credits increase in line with inflation.

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Leaders Head North As PM Urges Scotland To Stay

David Cameron has made an impassioned plea to Scotland saying: "We desperately want you to stay."

David Cameron has made an impassioned plea to Scotland saying: "We desperately want you to stay."

The Prime Minister, writing in the Daily Mail, said the rest of the world "looks on with awe and envy" at modern British achievements like the NHS and state pension system.

And he told Scottish voters that independence is a "leap into the dark" and that if they choose to split then there is no going back.

He wrote: "The United Kingdom is a precious and special country. That is what is at stake.

"So let no-one in Scotland be in any doubt: we desperately want you to stay; we do not want this family of nations to be ripped apart.

Alex Salmond says the No campaign is falling apart

"Across England, Northern Ireland and Wales, our fear over what we stand to lose is matched only by our passion for what can be achieved if we stay together."

Mr Cameron's message comes as he prepares to travel to Scotland to hit the campaign trail - with Labour leader Ed Miliband and Deputy Prime Minister Nick Clegg also heading north of the border.

While the leaders will all be in the country, they will not campaign together and will have separate schedules.

Speaking after the joint trip was announced, the Prime Minister denied it was a desperate move.

However, Scotland's First Minister Alex Salmond said Tuesday was the day the Better Together No campaign "fell apart".

Sky's Deputy Political Editor Joey Jones said the extraordinary move from the three leaders made it "absolutely clear" there was panic in Westminster and the Better Together No campaign and he added that it appeared responses were being "made up on-the-hoof".

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Scotland: Brown Outlines New Powers Timetable

Gordon Brown has said a "No" vote in the Scottish referendum would be the "starting gun" for more powers.

The former prime minister has unveiled his plan for a timetable to give the Scottish Parliament more control over finance, welfare and taxation as part of a new Scotland Act if voters reject independence.

A Downing Street source welcomed the move, but "Yes" campaigners said it smacked of panic and desperation.

In a speech in Midlothian, Mr Brown said work would begin on the new legislation on September 19, the day after the vote.

He envisions a "command paper" to be published by the UK Government, which will set out the proposals no later than the end of October.

Better Together leader Alistair Darling campaigns in Edinburgh

A white paper would be drawn up in November after a consultation, with draft clauses for legislation expected in January.

Speaking before the speech, Mr Brown said: "The alternative to an irreversible separation is a more powerful Scottish Parliament with a timetable for its delivery.

"Quite simply, Scottish voters deserve to know to the fullest extent possible about how new powers as ambitious as possible will be delivered as soon as possible within the UK.

"So, we are demanding a tight timetable with tough deadlines and streamlined procedures."

Labour leader Ed Miliband said: "If we win the general election, we will move with utmost speed in our first Queen's Speech to enact this legislation."

Alex Salmond has dismissed pledges of devolution as a 'bribe'

A senior Liberal Democrat source said: "We welcome it."

A Downing Street source said: "We very much welcome this intervention by Gordon Brown."

Prime Minister David Cameron is likely to give his response to Mr Brown's initiative later this week.

Meanwhile, Sky's City Editor Mark Kleinman reports that Mr Cameron has made an impassioned plea to business leaders for them to do all they can to ensure there is a "No" vote.

It comes after a poll put support for a "Yes" vote ahead for the first time, with 51% supporting independence, compared to 49% who want to remain a part of the UK.

The results of the YouGov poll

In the wake of the poll, sterling fell to a 10-month low against the dollar.

The latest poll, released on Monday, puts the Better Together campaign just one point ahead of Yes Scotland.

Almost a third of voters in England and Wales believe Mr Cameron should resign if Scotland votes for independence, according to another poll in The Sun newspaper.

The pro-union Better Together campaign has denied suggestions it is being forced into panic measures to shore up support and also the charge that a promise to outline the handover of more powers is a "bribe".

Labour for Independence campaigner Bob Thomson, speaking on behalf of the Yes Scotland campaign, said the move "smacks of utter panic and desperation".

"The sure fire way to achieve the full range of powers Scotland needs to build a fairer society and more prosperous economy is to vote Yes a week on Thursday."

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Report Into Downing Of MH17 Set For Release

Dutch authorities are expected to publish a preliminary report into the shooting down of Malaysia Airlines flight MH17 later.

The Netherlands is co-ordinating criminal investigations into the July 17 disaster by multiple countries, including Ukraine, Malaysia, Australia and Belgium.

The report will set out what is believed to have happened, but will not apportion blame.

All 298 passengers and crew on board the plane were killed when the aircraft, which was flying from Amsterdam to Kuala Lumpur over an area in eastern Ukraine controlled by pro-Russian separatists.

Newcastle fans Liam Sweeney and John Alder were among the victims

The rebels in Ukraine have publicly denied responsibility for shooting down the aircraft.

Only 193 of those on board have been positively identified, including Newcastle United fans Liam Sweeney, 28, and John Alder, 63, who were travelling to New Zealand to watch their team play.

Forensic teams are still trying to identify remains found in the wreckage of the aircraft.

Most of those on board were Dutch, but there were also people from Canada, Germany, Indonesia, New Zealand, the Philippines and the UK.

Rebels in Ukraine prevented medical personnel from recovering the bodies of victims as fighting erupted with Ukrainian forces.

The crash occurred just months after the still-unexplained disappearance of Malaysia Airlines flight MH370.

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Scotland: Every Vote Counts In Referendum Race

Better Together leader Alistair Darling has told Sky News that "every voter... can tip the balance" when Scotland votes on independence later this month.

His comments come after a YouGov poll commissioned by The Sunday Times suggested the Yes camp now leads the race by 51% to 49%.

But Mr Darling said Scotland will benefit from staying in the United Kingdom, adding there would be "no going back" if the Yes vote is victorious on September 18.

"What's clear now... is that every voter in Scotland can tip the balance in this referendum," Mr Darling said.

The results are evidence of a dramatic surge for the Yes campaign

"Remember this isn't a protest vote. If we decide to leave, there's no going back. This is forever.

"I believe passionately that we can build a much better future for Scotland by remaining in the United Kingdom.

"The risks of independence for families, for our country, are real and I would rather build a better future for Scotland by staying in the UK."

The poll means the Yes campaign has overturned a 22-point lead for the Better Together campaign within the past month.

Opposing supporters carry banners in East Kilbride

Scotland's Deputy First Minister Nicola Sturgeon said the poll results are encouraging, but insisted there was "not a hint of complacency" in the Yes camp.

"It's a very encouraging poll and it reflects what we are finding on the ground in the campaign across the country."

"We have got a lot of work still to do. There's not a hint of complacency in the Yes campaign."

She said the offer of more powers for Holyrood in the event of a No vote was a "panic move" by those against independence.

The YouGov poll was commissioned by the Sunday Times

Chancellor George Osborne has said an action plan will be unveiled in the next few days to give more powers to Scotland if it remained part of the UK.

The Chancellor said it was "clear" Scotland wanted more autonomy and the Tories, Labour and the Liberal Democrats had agreed to "deliver" on that.

"You will see in the next few days a plan of action to give more powers to Scotland. More tax powers, more spending powers, more plans for powers over the welfare state," he said.

And Mr Osborne repeated the warning that an independent Scotland would not be able to share the pound.

"No ifs, no buts. We will not share the pound if Scotland separates from the rest of the UK," he said.

In an interview for Sky's Murnaghan programme, former Labour Prime Minister Gordon Brown made another appeal for a successful No vote.

"I think it's about two visions of Scotland's future, different from the future that might have been predicted a few years ago," Mr Brown said.

"The first is obviously the nationalists, who want to break entirely with the United Kingdom and break all connections.

"The second is what I would call the patriotic vision of Scotland's future, my vision.

"I want a Scottish Parliament, I want stronger powers, and therefore I want change to make it stronger, but I also want to share our resources with the rest of the United Kingdom."

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Business Leaders Sucked Into Independence Row

By Ian King, Business Presenter

Business people hate getting involved in politics, as a rule.

There is little upside to getting involved in political spats, particularly for those running consumer-facing businesses, as such interventions often risk alienating customers.

Shareholders do not like to see chief executives of the companies in which they are invested getting involved in politics, either, as it is a distraction from making them money.

Like it or not, though, business leaders have been sucked into the debate over Scottish independence ahead of the referendum.

Both sides have rolled out some big names, too, with the 'Yes Scotland' campaign's supporters including Sir Brian Souter, the Stagecoach founder, Ralph Topping, until recently the chief executive of William Hill, and Sir George Mathewson, the former chairman of Royal Bank of Scotland.

Sir George, a long-time supporter of Scottish independence, told Sky News there were plenty of benefits for the Scottish economy in the event of a 'Yes' vote.

Sir George Mathewson says voting 'yes' will bring many economic benefits

"It would mean the Scottish government was responsible for both sides of the balance sheet - for the income and the expenditure," he said.

"I think we can better use the revenues we have - Scottish GDP is about the same per head as the UK as a whole, and that's not counting the oil.

"I think we can make much better use of the oil revenues than historically by the UK, and we can do things to tailor the assets we have rather than the UK government as a whole will do, but I also like to think the social aspirations of Scotland will be better catered for in an independent Scotland.

"We will no longer have to go cap in hand to the UK government if we have different plans for education and health."

The Better Together campaign also has some big Scottish business names backing it. They include Douglas Flint, the chairman of HSBC, Andrew Mackenzie, chief executive of BHP Billiton - the world's biggest mining company - and Keith Cochrane, chief executive of Weir Group, the £5.6bn pump and mining equipment maker.

Keith Cochrane says voting 'no' will ensure 'the best of both worlds'

Mr Cochrane, who recently helped co-ordinate a letter of business leaders urging Scots to support remaining in the UK, said he was worried about the uncertainty that a 'Yes' vote would create, particularly over the currency that an independent Scotland would use.

But he said his main reason for voting 'no' was that businesses would do better from remaining in the United Kingdom.

He told Sky News: "I will vote no because I think we can have the best of both worlds. A strong Scottish Parliament, focused on the domestic agenda, but, as part of the UK, we can benefit from being a part of a domestic market of 63 million - the skill, the ability to manage risk far more effectively than as an independent Scotland."

The key issue facing every voter in the Scottish referendum is whether Scotland's economy will be stronger, and more jobs created, in the event of independence.

Few people are better placed to speak out on this subject than business people and wealth creators. It is good that they are doing so.

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Missing Teenager Alice Gross: Man Arrested

Police hunting for missing schoolgirl Alice Gross, 14, have arrested a man on suspicion of murder, Scotland Yard say.

The 25-year-old suspect was arrested in the Ealing area at around 5pm on Saturday and is currently in custody at a west London police station.

His arrest follows information detectives received.

A Metropolitan Police spokesman said: "All lines of enquiry are still open at this time and this remains a missing person investigation at this stage."

Alice was spotted on CCTV before she vanished

Alice, who suffers from anorexia, disappeared from her home in Hanwell, west London, on Thursday 28, August.

She left her home at around 1pm and was captured on CCTV an hour later on the Grand Union Canal towpath near Brentford Lock, walking towards the River Thames.

She was later filmed again at 3.45pm along the towpath heading back to her home.

The footage showed her wearing dark blue jeans, a dark green lacy cardigan and denim blue Vans shoes. She may also have had tartan-framed glasses.

Newly released CCTV images of cyclists spotted in the area

Earlier, the Met Police released new pictures of cyclists riding past the spot where Alice was last spotted, shortly before her disappearance.

The grainy footage show three cyclists riding along the towpath by the Trumpers Way Canal Bridge in Hanwell, moments before Alice walks past at 4.23pm.

They are followed by two more cyclists who pass under the bridge on the Grand Union Canal.

Detective Chief Inspector Andy Chalmers from the Homicide and Major Crime Command said: "I would urge everyone to take a good look at the pictures released today to see if it jogs any memories of the day Alice went missing."

A large social media campaign has been under way since the teenager went missing and hundreds of posters have been distributed around the area.

A social media campaign was launched after the 14-year-old went missing

Alice's mother Rosalind Hodgkiss appealed to her daughter directly on the Facebook page Find Alice Gross, saying: "Alice if you can see this, please know sweetheart that all of us love you and miss you desperately.

"You may be sad, you may be angry, you may be hurt, you may be scared too. I just want to hug and hold you. Know that we love you and are there for you whatever you are going through.

"My love please get in touch and let someone know you are safe. Alice please come home. Mum."

Alice is described as white, 5ft 2ins tall and of slim build, with shoulder-length light brown hair.

Anyone with information can call police on 020 8358 0100; Ealing Missing Persons Unit on 020 8246 1018 or the charity Missing People on 116000.

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Scottish Referendum: Yes Campaign Takes Lead

The Yes campaign has taken the lead ahead of the Scottish Referendum, according to the results of a new poll.

The YouGov survey commissioned by the Sunday Times suggests the Yes campaign now leads by 51% to 49%.

It means the Yes campaign has overturned a 22-point lead for the Better Together campaign within the past month.

The lead is the first for the independence camp registered by YouGov - or by any polling company - since regular polling began in the run-up to the vote.

The results are the latest evidence of a dramatic surge for the Yes camp

Sky's Political Correspondent Sophy Ridge said the poll is a wake-up call for the No campaign.

"If Westminster was complacent about what was going to happen in the Scottish referendum, it's been shocked very rudely out of that relaxation with this poll," she said.

"Only months ago the No campaign was enjoying double-digit leads. Well, there has been this shortening showing in the polls and this ... is the first time that Yes has nosed ahead."

Opposing supporters carry banners in East Kilbride, Scotland

Responding to the poll, Scotland's Deputy First Minister Nicola Sturgeon described the results as "exceptionally positive" but added that the Yes campaign "still has a lot of work to do to win".

Better Together leader Alistair Darling said: "The polls may conflict, but the message I take from them is clear.

"If you want Scotland to remain part of the UK family you have to vote for it on 18 September.

"Separation is forever. These polls can and must now serve as a wake-up call to anyone who thought the referendum result was a foregone conclusion.

"It never was. It will go down to the wire. Now is the time to speak up and speak out."

The results came as Gordon Brown made another appeal for a successful No vote.

In an article for the Sunday Mirror, the former Prime Minister described the union as a "living partnership".

The YouGov poll was commissioned by the Sunday Times

"Our union is not out of date or an anachronism or a museum piece but a unique, unparalleled, multinational living partnership that Europe and America cannot match or mirror," he wrote.

"And what our ancestors built up, no nationalist should be allowed to split asunder."

Mr Brown said the referendum battle had been tougher than many people expected, adding that he believed Conservative policies were to blame.

"Why has it been difficult to win Scottish votes in support of this principle of sharing that most Scots hold dear?" he wrote.

"Many are angry that the Bedroom Tax was imposed upon Scots against their will while at the same time the very wealthy received tax cuts.

Voters will decide on independence in the referendum on September 18

"The SNP also claim that the ramifications of any Tory privatisation of the NHS in England will cut budgets in Scotland.

"But English and Welsh people have already given an answer to the SNP claims.

"The answer is that 90% of English people want to keep the NHS public and retain it free at the point of need.

"And the vast majority across the whole UK dislike the Bedroom Tax and would even consider more taxes to make our NHS better."

Mr Brown will appear on Sky's Murnaghan programme from 10am on Sunday.

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