Oscar Pistorius case appeal begins with question of murder

Oscar Pistorius
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BLOEMFONTEIN, South Africa (AP) — South Africa’s Supreme Court of Appeal grilled Oscar Pistorius‘ attorney and a prosecutor on Tuesday as it weighed whether to convict him of murder for killing his girlfriend, uphold a lower court’s manslaughter conviction or order a retrial.

Prosecutors say the North Gauteng High Court erred in convicting Pistorius of the lesser charge, saying that he should have known that someone could be killed when the double-amputee Olympian fired four times into a locked toilet cubicle in his home. In the trial last year, prosecutors said Pistorius killed Reeva Steenkamp as she sought shelter in the toilet cubicle during an argument on Valentine’s Day 2013. The defense said Pistorius opened fire because he thought an intruder was about to burst out of the toilet.

One of the five appeals court judges noted during the session on Tuesday, broadcast across the country and around the world on live TV, that Pistorius could still be convicted of murder even if he didn’t think it was Steenkamp in the cubicle but knew someone was in there. Under the concept of dolus eventualis in South African law, a person can be convicted of murder if they foresaw the possibility of someone dying through their actions and went ahead anyway.

“If you look at the photographs, there’s room behind there for a toilet bowl and a person and just about nothing else,” Justice Lorimer Leach said to defense lawyer Barry Roux. “There’s nowhere to hide. It would be a miracle if you didn’t shoot someone.”

The five judges questioned prosecutor Gerrie Nel and Roux for about three hours in the court in Bloemfontein, a city in central South Africa that is the country’s judicial capital, with Steenkamp’s mother June Steenkamp and many journalists in attendance. The toughest and longest questioning was directed at Roux.

In a bad sign for Pistorius, who was not present, some of the Supreme Court judges suggested he could have known he would kill someone, whether his girlfriend or a possible intruder, by firing his pistol. Prosecutors argue that knowing his actions could be deadly, Pistorius should have been convicted of murder, and not the lesser offense of culpable homicide, which is similar to manslaughter.

“On the objective facts, the accused cannot escape the conviction of murder,” Nel said.

Responding to a barrage of questions from Leach, defense attorney Roux said there was a space behind a wall in the toilet cubicle that could have been safe from gunfire, but acknowledged that the “probable consequence” of Pistorius shooting through the door would have been injury or death. However, Roux said that did not contradict the defense argument that Pistorius, allegedly terrified that he was about to be attacked by an intruder, did not foresee that his actions would lead to someone’s death.

Pistorius, 28, was released from jail last month after serving a year in prison and was moved to house arrest at his uncle’s mansion. He was not required to attend the hearing.

While prosecutor Nel’s arguments to the panel were relatively brief, Roux, faced tough and lengthy questioning from the black-robed judges who sat on ornate wooden chairs with red backing in the wood-paneled courtroom.

A murder conviction would call for a minimum sentence of 15 years in prison for Pistorius, the multiple Paralympic champion who became one of the world’s most famous athletes and the first amputee to run at the Olympics and the able-bodied world championships.

Asking the Supreme Court judges to upgrade Pistorius’ conviction to murder, Nel said that Judge Thokozile Masipa didn’t correctly apply the law at the culmination of Pistorius’ dramatic seven-month trial. Nel also said Masipa ignored or simply paid “lip service” to some circumstantial evidence against Pistorius.

After Tuesday’s session, the judges retired to consider their judgment. They said they would not be issuing their decision on Tuesday and there is no timeframe for when they will, although the court has said it would aim to release a decision by the end of this month.

The judges had already studied the tens of thousands of pages of court transcript from Pistorius’ trial. The panel of five judges, three men and two women, can reach a decision through a simple majority.

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Ilia Malinin’s quadruple Axel sheds light on first figure skater to land triple Axel

Vern Taylor
Vern Taylor, the first figure skater to land a triple Axel in competition. (Getty Images)
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Vern Taylor arrived at the Riverside Skating Club in Windsor, Ontario, on Sept. 15 to do what he has done at that rink for the last three decades: coach figure skaters. But this day was different.

Taylor, who in 1978 became the first man to land a ratified triple Axel in competition, was told that 17-year-old American Ilia Malinin performed the first quadruple Axel the previous night.

“When we heard that he landed it, I said, ‘Oh my goodness, that’s terrific,'” Taylor said by phone.

He was then shown video of Malinin’s feat.

“Anything’s possible,” Taylor said. “43 years [later], that’s something. It’s knowing that you can perform the jump that makes it challenging.”

Malinin, the world junior champion, landed the most difficult jump in skating and checked off the only remaining quad yet to be performed.

At the 1978 World Championships in Ottawa, a 20-year-old Taylor broke through a similar barrier in hitting the last remaining unchecked triple jump. But while Malinin’s senior career seems to be just getting started, and many medals appear in his future, Taylor is largely a forgotten man outside of ardent figure skating followers.

He finished 12th at those 1978 World Championships. Taylor’s 1980 Olympic prospects were dimmed by the fact that Canada had just one men’s singles spot, and he had taken runner-up at nationals in 1978 and 1979 to Brian Pockar, who also outscored Taylor at those years’ world championships. So Taylor stopped competing a year before the Lake Placid Games.

“I didn’t have a reason,” he said. “I just decided to take a break.”

Taylor will always have that day at the world championships in Ottawa. He can still remember the nervousness, knowing that two other skaters also planned to attempt a triple Axel. They were unsuccessful, though Taylor didn’t know it.

“I didn’t see their jumps,” he said. “I didn’t want to know what was ahead of me.”

American David Jenkins landed a triple Axel in Movietone newsreel footage reported to be from 1957, but that was not in competition.

Taylor, skating to music from “Rocky,” put the triple Axel as the third jump of his program, according to reports at the time. The one YouTube video of it, published two years ago, has 32,000 views. It shows Taylor landing the three-and-a-half revolution jump on one foot and spinning out of it while managing to stay on that single skate blade amid a crowd roar.

“During that program, it was like a rock concert,” Taylor said. “I got the energy from the audience.”

The Montreal Gazette reported at the time that the jump was ratified three hours later. Italian Sonia Bianchetti, the men’s referee at the 1978 Worlds, said she met with the assistant referee, the ISU president and a technical delegate.

“During this short meeting it was recognized that Vern had completed the first triple Axel Paulsen jump [Norwegian Axel Paulsen was the skater who landed the first Axel jump in 1882, getting it named after him] in an officially recognized figure skating competition,” she wrote in an email last month. “The triple Axel was fully rotated and landed on one foot.”

One of the people inside the Ottawa Civic Centre that day was 16-year-old Canadian Brian Orser. Orser, inspired by Taylor, later became synonymous with the jump — labeled “Mr. Triple Axel” and landing it en route to silver medals at the Olympics in 1984 and 1988 and the 1987 World title.

Orser remembered Taylor visiting his skating club for an exhibition. Orser saw Taylor doing an Axel takeoff exercise off the ice, incorporated it into his own routine and began teaching it to his skaters after becoming a coach.

Yet another Canadian, Kurt Browning, was the first man to land a ratified quadruple jump of any kind in competition — a toe loop at the 1988 World Championships.

“For me, personally, it was huge,” he said, “because I was promised a car if I could land it.”

Through an agreement with an Edmonton car dealership, Browning was handed the keys to a Quattro — quad/Quattro — after hitting the toe loop. The skater was unaware that the dealer was merely leasing it to him. About six months later, Browning received a call asking to bring the car back.

Browning was inspired by American Brian Boitano, whom he previously saw land a quad outside of competition. Taylor motivated him, too.

“[Taylor] gave me permission, even at a young age, to start thinking bigger,” he said.

Browning also pointed to Jozef Sabovčík, a 1980s skater for then-Czechoslovakia who many believe was the first man to land a quad in competition, Browning included. Sabovčík was initially given credit for a quad toe loop at the 1986 European Championships, but weeks later it was invalidated because he touched down with his free foot, according to reports.

“I never want to come off as arrogant, but despite what ISU [International Skating Union] decided in the end, I do know that I landed the jump on that day,” Sabovčík, who said he performed a quad jump on his birthdays through age 44, wrote in an email. “The fact that most of the people in the skating world believe the same thing, it means everything to me that Kurt is one of them. It would have been nice to have my name in the Guinness Book of Records, but I am also not trying to change history.”

Sabovčík, now 58 and coaching in Salt Lake City, attended March’s world championships in Montpellier, France, where Malinin finished ninth. There, he spoke with Malinin’s parents, Russian-born Uzbek Olympic skaters Tatyana Malinina and Roman Skornyakov, whom he calls friends.

“They told me that he was already doing a quad Axel on a fishing pole harness [in practice], and that it was coming,” Sabovčík said.

Less than two months after that talk, the first video surfaced of Malinin landing a clean quad Axel — at a U.S. Figure Skating jump camp.

“I did not think [a quad Axel] was possible,” Sabovčík said. “It really has to be an athlete that can combine the technical ability with jumping ability with the speed of rotation. When Kurt and I jumped, we had a relatively speaking slow rotation, but we jumped really big compared to these kids. But Ilia, he has the vertical lift, but he [also] has an unbelievably fast rotation.”

The recent proliferation of quads in men’s and women’s skating can be attributed to several factors, including better boots, better ice conditions and improvements in technology that can aid coaching. Still, there are concerns about if and how the pounding of training quads can wear down a skater physically.

“It’s a lot of pain you don’t feel at first, but you know it comes later,” said Frenchwoman Surya Bonaly, who started training a quad in 1989 and attempting it through the mid-1990s. Bonaly had two hip surgeries after her competitive career.

Even Taylor faced those questions.

“People said, ‘Aren’t you worried about injuring yourself?'” he said. “I would say, ‘No, I want you to know it can be done.'”

Sabovčík never tried a quad Axel in his skating days, but Browning did for less than a week in the early 1990s after winning four consecutive world titles.

“Just playing with it,” said Browning, who never tried it in competition. “Ilia has that special ability to not only get up in the air, but then he has that beautiful rotation that doesn’t look hurried. It’s fast, it’s quick as lightning, but it doesn’t look hurried. It’s so easy. Like a good golfer swings easy, and the ball goes 400 yards.”

Browning recalled a conversation he had with two-time Olympic champion Yuzuru Hanyu, who in recent years made the quad Axel his quest. Hanyu attempted it in competition last season but did not land it cleanly before retiring in July. He said upon retirement that he still hoped to master the jump for his non-competitive show career.

“I asked Yuzu one day, ‘When you do quad Axel, does it just feel like you’re up there forever?'” Browning said. “And he kind of looked at me funny, and he goes, ‘Yeah, like it never ends.'”

The skating world awaits the reserved Hanyu’s thoughts on Malinin’s quad.

“Knowing Yuzu, I would think he’d be very supportive,” said Orser, who coached Hanyu for nearly a decade. “He appreciates that kind of athleticism.”

Orser also noted what comes with being the first — and so far only — skater to land a rarefied jump. Malinin, who headlines Skate America in two weeks, will be asked about the quad Axel in just about every interview for the foreseeable future. For some skaters, they may feel a responsibility to land it all the time.

“But I don’t think [Malinin] thinks too much about it,” Orser said. “His technique is perfect, so he’ll be fine.”

The inevitable topic after that is the next progression in skating: the first quintuple jump. Orser said that Hanyu did five-rotation Salchows in practice with the aid of a harness.

“It’s just a little bit more rotation than the quadruple Axel, so it’s not that far off,” said Sabovčík, whose unratified quad toe loop came eight years after Taylor’s triple Axel. “Now that I’ve seen the quad Axel, I don’t think it’s impossible.”

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Aleksandra Trusova splits from coach Eteri Tutberidze, months after Olympic tears

Alexandra Trusova, Eteri Tutberidze
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Olympic figure skating silver medalist Aleksandra Trusova reportedly split from coach Eteri Tutberidze‘s group, eight months after a tearful scene after the Olympic free skate.

Trusova, 18, will now be coached by Svetlana Sokolovskaya, according to Russian media reports dating to Saturday. All Russian skaters are ineligible to compete internationally indefinitely due to the national ban over the war in Ukraine, but Russia is still holding domestic events.

At the Beijing Winter Games, Trusova became the first woman to land five quadruple jumps in a free skate. She had the highest score that day, but it wasn’t enough to make up the gap to fellow Tutberidze pupil Anna Shcherbakova from the short program.

Moments after the competition ended, Trusova was seen crying and yelling at Sergey Dudakov, a member of Tutberidze’s coaching team.

“Everyone has a gold medal! Everyone has! Only I don’t! I hate figure skating! I hate! I will never step on the ice again! Never!” she said in Russian.

Shcherbakova had the individual gold, and the other Russian women’s singles skater at the Games, Kamila Valiyeva, skated both programs of the team event. The Russians placed first in the team event, but medals will not be awarded until Valiyeva’s doping case is adjudicated. It’s possible that Valiyeva gets retroactively disqualified, the Russian team gets disqualified and the other nations all move up with the U.S. going from silver to gold.

Trusova performed at the Russian test skates last month, withdrawing after her short program due to a back injury.

Trusova previously left Tutberidze in 2020 for two-time Olympic champion turned coach Yevgeny Plushenko‘s group, then moved back to Tutberidze’s group after the 2020-21 season.

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