南非"刀锋战士"蓄意谋杀女友罪名不成立
日期:2014-09-13 15:24

(单词翻译:单击)

PRETORIA, South Africa — The trial in the case of the Paralympic athlete Oscar Pistorius abruptly adjourned Thursday with one charge of unlawful homicide against him still pending.
南非比勒陀利亚——残奥会运动员奥斯卡·皮斯托瑞斯(Oscar Pistorius)案子的审理周四突然休庭,对他的一项起诉:非法杀人罪仍悬而未决。
The judge, Thokozile Matilda Masipa, had earlier cleared Mr. Pistorius of the gravest murder charges against him.
法官科齐尔·玛蒂尔达·马西珀(Thokozile Matilda Masipa)在休庭前驳回了对皮斯托瑞斯的最严重的谋杀指控。

Then, after a lunch break, Judge Masipa added to the courtroom tension when she adjourned the case until Friday morning, saying that Mr. Pistorius “acted too hastily,” “used excessive force” and had been negligent in his conduct. Her decision to suspend the hearings was not explained. “We’ll have to stop here,” she said, “and resume tomorrow morning.”
午餐时间过后,法官马西珀宣布休庭至周五上午,增添了法庭上的紧张气氛,她说,皮斯托瑞斯“行动过于仓促”,“过度使用武力”,他的行为造成了过失。她没有解释自己临时休庭的决定。她说,“我们需要就此停止。明天上午复庭。”
Earlier, calmly and coolly taking up piece after piece of evidence, dismissing some, discounting others, offering practical interpretations of still more, Judge Masipa said that although Mr. Pistorius made a poor and evasive witness, she found large parts of his story credible. Most significantly, she said it seemed — or at least that the prosecution had been unable to prove otherwise — that when he shot and killed his girlfriend, Reeva Steenkamp, 29, through a bathroom door in February 2013, Mr. Pistorius genuinely believed that intruders had broken into his home and were hiding in the bathroom at the time.
此前,马西珀法官曾沉着、冷静地逐一考虑了条条证据,摒弃了一些,认为另一些不可信,对剩下的一些做出了切实的解释,她说,尽管皮斯托瑞斯作为证人的表现不佳,且含糊其辞,但她认为他的说法大部分可信。她说,最重要的,是有关2013年2月皮斯托瑞斯通过卫生间门射死了他的女友、29岁的瑞瓦·史汀坎普(Reeva Steenkamp)的部分,看来皮斯托瑞斯真实地认为入侵者闯入了他的家,并且躲藏在卫生间里,至少检方未能证明不是那样。
Sitting in a wooden dock in a dark suit, white shirt and black tie, Mr. Pistorius slumped forward and sobbed as the judge spoke.
皮斯托瑞斯身穿深色西装和白衬衫,打着黑色领带,坐在木制的被告席上,他听法官讲话时,身体前倾,还低声啜泣。
There are no jury trials in South Africa, so it has been left to Judge Masipa, with the help of two aides, to render the verdict on her own. According to normal procedures in the country, the judgment includes a summation of the facts, an analysis of the evidence, and then the announcement of the verdict, charge after charge. The judge is spending the day reading her verdict to the court.
南非没有陪审团审判制度,所以判决全部由法官马西珀一个人在两名助手的帮助下来做。在该国审判的正常程序下,判决的内容包括总结事实、分析证据,然后对指控逐条宣布判决。法官在花一天的时间在法庭上宣读她的裁定。
Judge Masipa also dismissed out of hand large portions of the prosecution’s evidence, in particular the testimony of neighbors who said they had heard the sounds of a man and woman arguing in Mr. Pistorius’s house before the shots were fired. And she said that prosecution evidence culled from WhatsApp text messages and meant to demonstrate that Mr. Pistorius and Ms. Steenkamp’s relationship was “on the rocks,” as she put it, could not be considered relevant. Nor, she said, could seemingly contradictory text-message evidence from the defense meant to show that the couple had a loving relationship be helpful in reaching a verdict.
马西珀法官还不假思索地摒弃了检控方证据的大部分,特别是那些邻居们的证词,他们说在开枪之前,听到了皮斯托瑞斯住所中一个男人和一个女人在争吵。她说,检控方从WhatsApp短信中挑选出来的、旨在证明皮斯托瑞斯与史汀坎普的关系“濒于破裂”(用她的话来说)的证据,不能被认为是相关的。她还说,辩护律师提供的看似矛盾的、旨在显示这对情侣相爱关系的短信证据,对做出裁定也没有帮助。
“In my view, none of this evidence, from the state or defense, proves anything, she said. “Normal relationships are dynamic and unpredictable sometimes.”
她说,“在我看来,这方面的证据,不论是来自国家检察官的,还是来自辩护律师的,都不能证明什么。正常的两性关系多变,有时难以预料。”
In being acquitted of the two harshest charges against him – premeditated murder and a lesser charge known simply as “murder” – Mr. Pistorius has possibly escaped a lengthy prison sentence. But culpable homicide, which is defined as the negligent killing of another person and is roughly comparable to involuntary manslaughter, can carry a wide range of sentences, at the discretion of the judge, from no jail time to more than 15 years in jail.
由于对他的两条最严重的指控——有预谋的谋杀和只是“谋杀”的较轻罪名不成立,皮斯托瑞斯很有可能避免了长期的监狱服刑。但难辞其咎的杀人罪也可能被判以不同的刑期,从不用坐牢到15年以上徒刑,由法官自行决定,该罪的定义是由于疏忽杀死他人,大致相当于过失杀人罪。
The judge’s findings were delivered in a clinical appraisal of a case that has riveted South Africa, been broadcast around the globe and has been compared to the O.J. Simpson case in the United States. Her judgment seemed a huge setback for the prosecutor, Gerrie Nel, who had called for Mr. Pistorius to be convicted of murder and whose pugnacious courtroom manner earned him the nickname the Pit Bull.
法官用无动于衷的评估方式宣读了对案子的裁定,该案的审理吸引了南非举国上下的关注,在世界各地播出,有人还将其比作美国的O·J·辛普森案。她的判决对检察官格里·内尔(Gerrie Nel)来说似乎是一次重大挫折,他曾呼吁判皮斯托瑞斯犯谋杀罪,他好斗的法庭表现为他赢得一个绰号:比特斗牛犬。
In his version of the shooting, Mr. Pistorius, 27, said he awoke from his bed and heard what sounded like a window opening in the bathroom, making him think that an intruder had entered his home.
皮斯托瑞斯现年27岁,他对射杀的描述是,他从床上醒来,听到像是卫生间窗户打开的声音,他以为入侵者进入了他的家。
Then, walking on the stumps of his legs in a darkened passageway, with a handgun thrust out before him, he opened fire on a locked toilet door. Only later, he testified, did he suspect that Ms. Steenkamp was inside. When he broke down the door with a cricket bat, he said, he discovered her bloodstained body.
然后,他用残肢走到一条黑暗的走道中,手拿枪在身前,他对锁着的卫生间门开了枪。他作证说,只是过后,他才怀疑史汀坎普在里面。他说,当他用板球棒砸开卫生间门后,他发现了她血迹斑斑的尸体。
“Before I knew it, I had fired four shots at the door,” Judge Masipa quoted Mr. Pistorius as saying, as she listed the various ways he described the shooting during the trial. At times, he said he shot “in the belief that the intruders were coming out” to attack him. At other moments, he said “he never intended to shoot anyone” and had not fired purposefully at the door, the judge said. Part of Mr. Pistorius’s evidence, she said, was “inconsistent with someone who shot without thinking.”
随着她列举出皮斯托瑞斯在审理过程中描述的与射杀有关的各种证词,马西珀法官引用他的话说,“在我明白过来之前,我已对着门连开了4枪。”有的时候,他说开枪是因为“他认为入侵者要出来”攻击他。还有的时候,他说“他从来没有想向任何人开枪”,并不是有目的地对着门开枪,法官说。她说,皮斯托瑞斯证词的有些部分“与没想就开了枪的说法不一致。”
Ms. Steenkamp, Judge Masipa added, “was killed under very peculiar circumstances,” but “what is not conjecture is that the accused armed himself with a loaded firearm.”
法官补充说,史汀坎普“在非常特殊的情况下被杀”,而且“被告用上了子弹的枪武装自己也不是猜想。”
Nonetheless, the judge ruled, the prosecution’s evidence to support a charge of premeditated murder was “purely circumstantial.”
尽管如此,法官裁定,检控方用来支持有预谋谋杀的证据“完全是间接的”。
“The state clearly has not proved beyond reasonable doubt that the accused is guilty of premeditated murder,” she said. “There are not enough facts.”
她说,“国家显然没有排除合理怀疑来证明被告犯了故意杀人罪,没有足够的事实。”

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重点单词
  • setbackn. 顿挫,挫折,退步
  • firearmn. 火器,枪炮
  • demonstratevt. 示范,演示,证明 vi. 示威
  • credibleadj. 可信的,可靠的
  • inconsistentadj. 不一致的
  • judgmentn. 裁判,宣告,该判决书
  • defensen. 防卫,防卫物,辩护 vt. 防守
  • testimonyn. 证明,证据
  • intendedadj. 故意的,有意的;打算中的 n. 已订婚者 v.
  • athleten. 运动员