03 November 2015•Update: 05 November 2015
BLOEMFONTEIN, South Africa
South Africa’s Supreme Court of Appeal (SCA) has reserved its judgment over an appeal filed by the state that aims to overturn Oscar Pistorius’s manslaughter conviction to murder.
A bench comprising five senior judges listened to arguments from both the state and defense Tuesday to decide whether trial Judge Thokozile Masipha, who sentenced Pistorius, had properly applied the law.
State Prosecutor Gerrie Nel said that Masipha had ignored some circumstantial evidence during the trial. “Our main argument is that the court misapplied the principles regarding circumstantial evidence,” Nel told the Supreme Court of Appeal in Bloemfontein city.
“The court failed to take into account what happened before the shooting which is the most important aspect of the trial,” he added. He claimed the trial court made a mistake by not taking into consideration what had happened earlier in Pistorius’s bedroom before he went out to shoot at the alleged intruder.
During Pistorius’ lengthy trial last year, it was alleged that the “Blade Runner” had an argument with his girlfriend Reeva Steenkamp at his Pretoria home on Feb. 14, 2013, who then took refuge in the toilet.
He then shot and killed Stampa, claiming that he thought there was an intruder in his washroom. Last year, the 28-year-old double amputee athlete was convicted of manslaughter and sentenced to only five years in prison.
Moreover, last month, he was released from prison on parole to serve the remaining four years of his sentence under house arrest at his uncle’s home in the South African capital Pretoria.
The state said that the manslaughter conviction against him was too lenient and it now wanted him to be convicted of murder, which carries a 15-year-jail sentence.
Pistoriu’s lawyer Barry Roux argued that his client feared for his life which was why he fired quickly to defend himself. “Pistorius genuinely believed his life was in danger,” Roux told the bench.
He said that the double amputee athlete was on his stumps [disabled legs] at the time and extremely anxious when he thought there was an alleged intruder inside the house.
“He genuinely believed Steenkamp was in the bedroom,” he added.
The appeal court judges have not yet given a date about when they will deliver their verdict, but legal experts believe the judgment could be handed down in a matter of weeks.
Popularly known as the “Blade Runner”, Pistorius was born without fibulas in both of his legs. Before completing his first year, he had to have both his lower limbs amputated. In 2004, Pistorius shot to fame at the age of 17 after winning a gold medal in the Athens Paralympics Games. He made history in 2012 when he became the first amputee runner to compete in the Olympics.
