There is no enough evidence to prove that murder-accused paralympian Oscar Pistorius murdered her girl friend premeditatedly, Judge Thokozile Masipa said on Thursday.
Masipa was handing down judgment over Pistorius' trial at the North Gauteng High Court in Pretoria. A final verdict is expected on Friday.
The evidence for premeditated murder was "purely circumstantial", Masipa said.
She stated that the State has failed to prove beyond reasonable doubt that Pistorius is guilty of pre-meditated murder.
"I am here talking about direct intention. The State has clearly not proven beyond reasonable doubt that the accused is guilty of premeditated murder."
But the judge said there is no doubt that when the accused fired shots at the door he acted unlawfully.
A nervously looking Pistorius was shaking, crying and grinding his jaw as the judge was reading the judgment.
Masipa outlined the facts surrounding the murder of Pistorius's girlfriend Reeva Steenkamp using testimony from witnesses.
The judge rejected a request by Pistorius' lawyers that the court should reject evidence given by witnesses who were his neighbours at the Silverwoods Country Estate in Pretoria.
Masipa said it would be unfair to reject the witnesses' evidence in its entirety.
Married couple, Michelle Burger and Charl Johnson testified to hearing the screams of a woman as well as gunshots on the night Steenkamp was killed.
Pistorius' lawyers argued that the screams came from Pistorius himself, who screams like a woman when he is anxious.
The charges against Pistorius include the premeditated murder of Steenkamp and three weapon charges.
Pistorius pleaded not guilty to murdering Steenkamp on Valentine's Day last year. He said he mistook her for an intruder.
Tension was high at the court as Masipa continued her ruling.
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