Oscar Pistorius Trial: Judge Thokozile Masipa grants conviction appeal - but not sentence
Judge Thokozile Masipa on Wednesday morning granted the State’s bid to appeal her conviction of Paralympian Oscar Pistorius on a charge of culpable homicide. Still, the bid to appeal the sentence she handed Pistorius has been denied.
The State had indicated at Pistorius’ sentencing in September that it would appeal the conviction and sentence as it believes both were inappropriately lenient.
Pistorius is already serving a five-year sentence after being found guilty of culpable homicide by Judge Masipa after he shot his girlfriend Reeva Steenkamp four times through a bathroom door on Valentine’s Day last year. Pistorius maintained that he believed that she was an intruder.
Incorrectly applied ‘dolus eventualis’
On Tuesday, State Prosecutor Gerrie Nel said Judge Masipa incorrectly applied the legal principal of ‘dolus eventualis’ to the facts and that Pistorius should have been convicted of murder.
However, Pistorius’ defence advocate, Barry Roux, said that the judge got it right and that Nel was launching an application based on the facts of the case, which is not permitted.
The main points argued by counsel were whether the state raised questions of law or questions of fact.
Matters of fact or law
Masipa said both Nel, and Roux argued extensively about whether the appeal would be based on matters of fact or law.
She said that the Supreme Court of Appeal (SCA) must now answer these questions regarding her judgment.
"Whether the principles of ‘dolus eventualis’ were correctly applied. Whether the court correctly applied the legal principles pertaining to circumstantial evidence and or pertaining to multiple defences by an accused," Masipa said.
Application to appeal sentence denied
She denied the application appeal of Pistorious current five-year sentence for killing Steenkamp and rejected the state's description of it.
"I am not persuaded that there was any material misdirection or irregularity or that on the facts of this matter the sentence imposed is shockingly inappropriate and induces a sense of shock," Masipa said.
She went through the questions of law that the SCA must look at, specifically dolus eventualis and also ordered the State to pay the defence costs for the sentence appeal.
Masipa also dismissed the state’s claim that the huge public interest in the matter is considered a special circumstance.
Photo caption: Judge Thokozile Masipa on Wednesday morning granted the State’s bid to appeal her conviction of Paralympian Oscar Pistorius on a charge of culpable homicide. Pistorius is already serving a five-year sentence after being found guilty of culpable homicide by Judge Masipa after he shot his girlfriend Reeva Steenkamp four times through a bathroom door on Valentine’s Day last year.
The South African Weather Services on Saturday morning again warned that very hot weather conditions and high discomfort levels are expected in most parts of the Eastern Cape throughout the day. Veld Fire Conditions are expected over the...
Public hearings on the Traditional and Khoi-San Leadership...
The South African National Roads Agency SOC Ltd (SANRAL)...
All eyes are on the next move from President Jacob...
A 31-year-old man is expected in court soon after he was...
A surprise donation by Airports Company of South Africa...
The sprint to the end of the year and the extended holidays...
The proposed construction of a Nuclear Power...
The South African Weather Services office in Port Elizabeth...
Two Nigerian nationals, aged between 37 and 43 years old...
- Very hot and uncomfortable weather conditions expected over Eastern Cape
- ANC-led march demands better service delivery from Nelson Mandela Bay’s DA-led coalition
- Zuma's refusal to quit puts South Africa's economy on an even weaker footing
- Thyspunt Nuclear Forum calls for speedy process at Thyspunt so locals can get jobs
- Two Nigerian nationals busted with drugs worth R630 000 in Grahamstown