Oscar Pistorius case: Judge Masipa delays appeal ruling

A South African judge has delayed to Wednesday her ruling on whether prosecutors can appeal against what they call the "shockingly light" sentence passed on Oscar Pistorius.The Paralympian athlete was jailed for five years in October for the culpable homicide of his girlfriend Reeva Steenkamp, whom he killed last year.

Prosecutors also want to challenge Pistorius' acquittal on murder charges.

His lawyers have opposed the appeal request.

The double-amputee sprinter had been charged by the prosecution with the pre-meditated murder of Ms Steenkamp, a model and law graduate.

He was also acquitted of the lesser murder charge of dolus eventualis by High Court Judge Thokozile Masipa.

In South African law, this charge - also known as common-law murder - applies if the accused knew they might kill someone but still went ahead with their course of action.

'Horrendous'

Judge Masipa said she would rule on Wednesday whether the prosecution's appeal could go ahead.
Reeva Steenkamp had been going out with Pistorius for three months before the fatal shooting

Pistorius was not in court on Tuesday when prosecutor Gerrie Nel outlined his case.

The prosecutor told Judge Masipa she had misinterpreted the law when she acquitted Pistorius of murder, and sentenced him to five years in prison.

"The precedent set by this court is shockingly low," Mr Nel said.

However, Pistorius' legal team argued that the prosecution's case was flawed and the judge had correctly applied the law.

The BBC's Pumza Fihlani, who is in court, says it is common in South Africa for the same judge to hear an appeal against their own verdcits.

Judges often grant the request because they are confident they applied the law correctly and their judgement will stand up to scrutiny, she says.
Prosecutor Gerrie Nel wants the Supreme Court of Appeal to hear the case

South African criminal lawyer Martin Hood told AFP news agency that he expected Judge Masipa to agree to the prosecution's request because there was "just too much controversy about the judgement".

"It doesn't matter what the outcome of the appeal is. If the appeal is allowed then other judges will be able to comment on the decision, and that's critical," Mr Hood is quoted as saying.

In papers filed with the court in November, Mr Nel said the judge had "erred in over-emphasising the personal circumstances of the accused".

"Not enough emphasis was placed on the horrendous manner in which the deceased died, coupled with the gruesome injuries she sustained when the accused shot and killed her," he added.
Judge Masipa ruled that Pistorius did not intend to kill

The judge, Nel said, had failed to sufficiently consider that Pistorius had fired four shots "through a locked door into a small toilet cubicle from which there was no room to escape".

The prosecution had called for the maximum 15-year sentence for culpable homicide, or manslaughter.

Ms Steenkamp was shot dead at Pistorius' home in Pretoria in the early hours of Valentine's Day last year. He said he feared there was an intruder but he did not intend to kill.

Pistorius is serving the sentence in the hospital wing of Pretoria's Kgosi Mampuru II prison.

He can apply to serve the rest of his sentence under house arrest after 10 months.

Source: BBC