Judge allows prosecutors to appeal against conviction of Oscar Pistorius
Judge Thokozile Masipa. She has granted an appeal against Oscar Pistorius' conviction. But the judge refused leave to appeal the five-year sentence imposed on the sprinter. AFP PHOTO | POOL | SIPHIWE SIBEKO
What you need to know:
- But the judge refused leave to appeal the five-year sentence imposed on the sprinter.
- Judge Thokozile Masipa adjourned court Tuesday to consider arguments presented by the state in favour of a stiffer sentence.
- Judge Masipa found him guilty of culpable homicide, also known as manslaughter, and sentenced him to five years in jail.
- Even though Pistorius was not present in court, reporters and photographers were Wednesday stationed outside the courthouse to capture the arrival of the legal teams.
PRETORIA
A South African judge on Wednesday granted prosecutors leave to appeal against the conviction of Oscar Pistorius for culpable homicide.
But the judge refused leave to appeal the five-year sentence imposed on the sprinter.
"I cannot say ... that the prospect of success at the Supreme Court of Appeal is remote," Judge Thokozile Masipa said.
"I am also of the view (that) this might have a practical effect.
"The application, therefore, in respect of count one is decided in favour of the applicant.
"The application for leave to appeal against the sentence is dismissed."
Earlier Tuesday, Judge Thokozile Masipa had adjourned court to consider arguments presented by the state in favour of a stiffer sentence.
FORCEFUL ARGUMENT
"I want to think about it,” said Judge Masipa, after hearing a forceful argument from state prosecutor Gerrie Nel, who described Pistorius's five-year sentence as "shockingly inappropriate".
Pistorius said he shot Reeva Steenkamp four times through a locked toilet door on Valentine's Day in 2013 after mistaking her for an intruder.
Judge Masipa found him guilty of culpable homicide, also known as manslaughter, and sentenced him to five years in jail.
This meant that the 28-year-old could end up spending only 10 months of his jail term at Pretoria's central prison.
NOT PRESENT IN COURT
Even though Pistorius was not present in court, reporters and photographers were Wednesday stationed outside the courthouse to capture the arrival of the legal teams.
Flanked by criminal lawyer James Grant, Nel walked past photographers to enter the courthouse from the front door — a break in routine for the usually shy prosecutor.
The case has gripped South Africa, where coverage of the murder trial has dominated newspapers, radio and television as people discuss the fairness of the justice system.
"For me, the rich people can do anything, the poor people just give up,” said Prince Ndlovu, a 32-year-old real estate agent.
"If you go to court you need money. If you are poor, you are going to jail," he added.
Thomas Mdlule, a 29-year-old newspaper vendor on a street corner, said his customers were outraged by the Pistorius sentence.
"My problem (is that) he is supposed to get 15 years," said Mdlule.
"Other people (with) money will do what Pistorius did. It is not right," he added.
