Masipa’s leave to appeal verdict expected this morning

BY CHARL BOSCH - DECEMBER 10, 2014

North Gauteng High Court Judge Thokozile Masipa is expected to deliver her ruling on whether to grant the State leave to appeal in the sentence and conviction of Paralympian Oscar Pistorius, later this morning.

State prosecutor Gerrie Nel has argued that Pistorius’ sentence of five years behind bars, for shooting dead his model girlfriend Reeva Steenkamp on Valentine’s Day last year, was “shockingly inappropriate" and that the court had “shown to much mercy” towards Pistorius during his October 21st sentencing. Nel had indicated during the trail’s closing arguments, that the Blade Runner be jailed for at least 10 years.

Speaking during the first day of the appeal hearing yesterday, Nel stated that the principle of dolus eventualis was incorrectly applied during sentencing which had resulted in Pistorius being found guilty of culpable homicide instead of murder. He also argued that Pistorius’s version of events was “impossible”.

In a rebuttal to Nel’s claims, defence lawyer Barry Roux said that the State had no right to question the courts findings and that they are simply “not happy with the factual findings of the court”.

“Every single point the state has made we have shown that the court has taken it into consideration before judgment. The state has to show where the court went wrong in applying the law; it hasn’t done that,” said Roux.