Oscar Pistorius
Oscar Pistorius again faces the possibility of a murder conviction after a South African judge ruled yesterday that prosecutors can appeal against the double-amputee Olympian’s conviction on the lesser charge of culpable homicide.
The sensational case will go to the Supreme Court of Appeal, which will review the murder trial of Pistorius, who fatally shot girlfriend Reeva Steenkamp through the closed door of a toilet cubicle on Valentine’s Day last year.
Judge Thokozile Masipa, who convicted Pistorius and sentenced him to five years in jail, acknowledged that chief prosecutor Gerrie Nel had raised legitimate “questions of law” that should be studied by the appeals court.
“This might have a practical effect” on the conviction, Masipa said.
“We note the finding of the court and abide by the ruling,” Pistorius’ family said in a statement.
Pistorius could face a minimum of 15 years in prison if the appeals court overturns the culpable homicide conviction and raises it to a murder conviction.
Under his current sentence, Pistorius could be released from prison and placed under house arrest after serving 10 months, or one-sixth of his sentence. It is unclear whether the appeals court will have ruled on his case within 10 months.
Nathi Mncube, the prosecution spokesman, said he hopes the appeal will be “expedited,” but acknowledged that the process can take a long time.
“We’re happy,” Mncube told journalists.
The approval of an appeal represented a victory for South African prosecutors who had been disappointed that Pistorius was acquitted of murder.
In another disappointment for the state, British businessman Shrien Dewani left South Africa on Tuesday after being acquitted of the murder of his wife Anni during their honeymoon in Cape Town in 2010.
The appeals court has panels of three or five judges and does not meet again until Feb. 15, according to the website of the court, which is based in the South African city of Bloemfontein. Decisions are based on the opinion of a majority of judges. Christopher Torchia, Johannesburg , AP
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