Alex Mitchley
2 minute read
8 Jun 2015
12:56 pm

State’s appeal against Oscar to be heard in November

Alex Mitchley

The Supreme Court of Appeal in Bloemfontein has confirmed that the state’s appeal against Oscar Pistorius’ murder acquittal in the killing of Reeva Steenkamp, will be heard in November 2015.

FILE PICTURE: Oscar Pistorius stands in the dock as sentence is delivered at the High Court in Pretoria, South Africa, 21 October 2014. Picture: EPA

The Appeal Court Registrar Paul Myburgh confirmed that the appeal would be heard in the November term, but said an exact date would only be made on August 17.

The appeal will be heard roughly three months after Pistorius becomes eligible for parole in August, but this will have no effect on the appeal or the possible parole proceedings as confirmed by the National Prosecuting Authority.

Recently, the Blade Runner’s lawyer Rohan Kruger said Pistorius has begun planning what he will do when he is released from prison.

According to Kruger, the Blade Runner is keen to do charity work, specifically working with children.

Judge Thokozile Masipa granted the state leave to appeal in December saying she believed the questions brought by the state were based on questions of law, including whether she correctly applied Dolus Eventualis (awareness of the likely outcome of an action) to the facts and circumstances in the case.

She also acknowledged that there was a possibility that another court could rule differently on the murder charge, which Masipa acquitted the paralympian of in September 2014.

In March, Pistorius’ defence team attempted to appeal the leave to appeal granted by Masipa. The matter was quickly struck off the roll by Masipa, who said listening to the application would be tantamount to her reviewing her own decision.

Furthermore, she said that there was nothing new in the defence’s application and that both the defence and the state had the opportunity to argue before the court on whether the state was raising points of law or accepted facts, during the state’s application for leave to appeal.

Pistorius shot and killed Steenkamp through a locked toilet door in his Pretoria home on Valentine’s Day in 2013.

Masipa acquitted Pistorius of murder but found him guilty of culpable homicide as well as negligent discharging of a firearm in Tasha’s restaurant in Sandton in 2013.

Pistorius was sentenced to five years. For discharging a firearm at Tasha’s restaurant in January 2013, he was sentenced to three years in jail suspended for five years. The sentences are running concurrently.