Former prosecutor says Judge Masipa's sentence was 'not wrong'

Senior EWN reporter Barry Bateman says Pistorius legal team indicate they won't be appealing the sentence, a clear indication they believe justice has been done. The family appear to feel Judge Masipa has set the record straight.

But will the prosecution take this further, all the way to the Supreme Court of Appeal?

There is no indication from the state at this stage what decision they have made...the prosecution team say they are going to wait for the record of the judge's ruling. They are going to study that and it has not been ruled out. So we may still go to Bloemfontein over this.

Barry Bateman, EWN

Judge Masipa made it clear that the mitigating circumstances outweighed the aggravating ones.

Marius du Toit, defense lawyer & former prosecutor joins CapeTalk's Mike Wills (standing in for John Maytham) on the line from Johannesburg with his views on the controversial sentencing.

It was lenient...but it definitely was not wrong. She gave a defence favourable judgement.

Marius du Toit, defense lawyer & former prosecutor

He says each matter has to be considered on it's own merits. It is difficult to compare different cases. The judge has to mete out a sentence that is in conjunction with the circumstances of the matter.

I can't fault her on what she did. I think it was a very good judgement, just lenient.

Marius du Toit, defense lawyer & former prosecutor

It might seem that she ignored some of the victim's personal particulars and the effect that it had on her. But from Day one, I always thought that Judge Masipa was leaning towards Oscar, and dealing with him very favourably throughout the trial. And this was maybe just a continuation of that.

Marius du Toit, defense lawyer & former prosecutor

It was without a doubt a peculiar situation, where she gave a judgement in favour of culpable homicide, and now she's told listen you had it wrong, come back and give it for murder..

Marius du Toit, defense lawyer & former prosecutor
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