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| Oscar Pistorius appeal: state seeks murder conviction – live | Oscar Pistorius appeal: state seeks murder conviction – live |
| (35 minutes later) | |
| 7.44am GMT07:44 | |
| With the court due to convene at 10am local time – in around 15 minutes’ time – most parties, bar the judges, are now in place in the court room. | |
| Gerrie Nel, for the state, and Barry Roux, for Pistorius, are here, as is June Steenkamp, the mother of Reeva Steenkamp. | |
| Oscar Pistorius will not be in court today. He remains under house arrest at his uncle’s house in Pretoria. | |
| Reporters view of the #OscarAppeal courtroom, note the red leatherback chairs of the judges pic.twitter.com/yEBTpgr3vV | |
| 7.39am GMT07:39 | |
| My colleague Simon Allison sends this dispatch from the supreme court: | |
| It’s a bright sunny day in Bloemfontein, although unseasonably cold. The crowds that attended the first trial are absent (journalists aside: there are plenty of us here, as the case continues to fascinate global audiences). | |
| A small band of ANC Youth League members – perhaps a dozen of them – have arrived to show their support for Reeva Steenkamp, dressed in bright green and yellow outfits and singing struggle songs. | |
| That the court is in Bloemfontein at all is a quirk of South Africa’s unusual history. To my knowledge, South Africa is the only country in the world to boast three official capital cities: Pretoria for the executive, Cape Town for the legislature, and Bloemfontein for the judiciary. | |
| But while Pretoria and Cape Town have remained relevant, Bloemfontein is far down the country’s urban pecking order – perhaps a reflection of the relative significance of the judiciary as compared to the other branches of government? | |
| 7.29am GMT07:29 | |
| For a recap of the original trial, this article takes you through the key points of each day in court: | |
| Related: Oscar Pistorius trial: the full story, day by day | |
| 7.16am GMT07:16 | |
| Although Pistorius will not be present at the court today, June Steenkamp, the mother of Reeva Steenkamp, will attend. | |
| Steenkamp recently said of her daughter’s killer: | |
| I didn’t want him to be thrown in jail and be suffering because I don’t wish suffering on anyone, and that’s not going to bring Reeva back. | |
| But in my heart, I don’t want revenge towards him. I’m past that. Once you have told God that you forgive, you have to forgive. And I don’t want him to suffer … I would certainly not want to hurt another human being. | |
| #OscarPistorius Reeva's mom June Steenkamp has arrived... pic.twitter.com/wWYGFIqdRf | |
| Updated at 7.16am GMT | |
| 7.04am GMT07:04 | 7.04am GMT07:04 |
| What will happen today? | What will happen today? |
| Five judges of the supreme court will hear the appeal: | Five judges of the supreme court will hear the appeal: |
| The judges have already had some time to consider the arguments from both legal teams. The state submitted its heads of argument (its written case) to the court in August; Pistorius’ lawyers handed in theirs in September. | The judges have already had some time to consider the arguments from both legal teams. The state submitted its heads of argument (its written case) to the court in August; Pistorius’ lawyers handed in theirs in September. |
| Today will see the two legal protagonists from the original trial – chief prosecutor Gerrie Nel and Barry Roux for the defence – argue their cases in person in front of the judges. | Today will see the two legal protagonists from the original trial – chief prosecutor Gerrie Nel and Barry Roux for the defence – argue their cases in person in front of the judges. |
| #OscarPistorius Gerrie Nel arrives at SCA. GN pic.twitter.com/wLOPQ4Lubq | #OscarPistorius Gerrie Nel arrives at SCA. GN pic.twitter.com/wLOPQ4Lubq |
| Key to today’s hearing is that the state must argue not on points of fact, but on points of law – that the high court in its original verdict misapplied or misinterpreted legal principles. | Key to today’s hearing is that the state must argue not on points of fact, but on points of law – that the high court in its original verdict misapplied or misinterpreted legal principles. |
| No new evidence is allowed to be presented, and no witnesses will be called. | No new evidence is allowed to be presented, and no witnesses will be called. |
| The state will say that Judge Masipa misapplied the legal principle of dolus eventualis – prosecutors will argue that Pistorius foresaw that his actions in firing four shots into the door could have led to the death of the person behind it, but went ahead anyway. | The state will say that Judge Masipa misapplied the legal principle of dolus eventualis – prosecutors will argue that Pistorius foresaw that his actions in firing four shots into the door could have led to the death of the person behind it, but went ahead anyway. |
| Masipa in the original trial accepted Pistorius’ claim that he had not foreseen such an outcome. | Masipa in the original trial accepted Pistorius’ claim that he had not foreseen such an outcome. |
| The prosecution argues: | The prosecution argues: |
| Should it be found that the court incorrectly applied the principles of dolus eventualis, then a conclusion that the respondent should have been convicted of murder is, with respect, inescapable … | Should it be found that the court incorrectly applied the principles of dolus eventualis, then a conclusion that the respondent should have been convicted of murder is, with respect, inescapable … |
| We argue that the only conceivable finding based on the facts could at a minimum be that, in arming himself, walking to the bathroom with the intention to shoot, whilst knowing that there is a person behind a closed door of a small cubicle and intentionally firing four shots, should be that he intended to kill the person in the cubicle … | We argue that the only conceivable finding based on the facts could at a minimum be that, in arming himself, walking to the bathroom with the intention to shoot, whilst knowing that there is a person behind a closed door of a small cubicle and intentionally firing four shots, should be that he intended to kill the person in the cubicle … |
| It is respectfully submitted that an accused’s version must be regarded as ‘inherently improbabl[e]’ if ‘he presents conflicting versions to the court’, so much so that it cannot be reasonably possibly true. | It is respectfully submitted that an accused’s version must be regarded as ‘inherently improbabl[e]’ if ‘he presents conflicting versions to the court’, so much so that it cannot be reasonably possibly true. |
| The defence will argue that Masipa correctly applied the law, and that the state failed in the original trial to prove that Pistorius intended to kill. | The defence will argue that Masipa correctly applied the law, and that the state failed in the original trial to prove that Pistorius intended to kill. |
| #OscarPistorius Defence's Barry Roux just arrived at court. MV pic.twitter.com/uQYDXxitHT | #OscarPistorius Defence's Barry Roux just arrived at court. MV pic.twitter.com/uQYDXxitHT |
| 6.42am GMT06:42 | 6.42am GMT06:42 |
| Opening summary | Opening summary |
| Claire Phipps | Claire Phipps |
| South Africa’s supreme court today convenes to hear prosecutors argue that Oscar Pistorius should have been found guilty of murder for shooting his girlfriend, Reeva Steenkamp, in February 2013. | South Africa’s supreme court today convenes to hear prosecutors argue that Oscar Pistorius should have been found guilty of murder for shooting his girlfriend, Reeva Steenkamp, in February 2013. |
| At the culmination of a months-long trial last year, high court judge Thokozile Masipa ruled that while the athlete had acted unlawfully in firing four bullets through a locked toilet door at his home in Pretoria, he had not intended to kill the person behind it. | At the culmination of a months-long trial last year, high court judge Thokozile Masipa ruled that while the athlete had acted unlawfully in firing four bullets through a locked toilet door at his home in Pretoria, he had not intended to kill the person behind it. |
| Pistorius maintained that he thought he was firing at an intruder. | Pistorius maintained that he thought he was firing at an intruder. |
| Masipa found him guilty of culpable homicide – equivalent to manslaughter – and sentenced him to five years. He was released from Kgosi Mampuru II prison last month, after one year behind bars, to serve the remainder of his sentence under house arrest at his uncle’s home. | Masipa found him guilty of culpable homicide – equivalent to manslaughter – and sentenced him to five years. He was released from Kgosi Mampuru II prison last month, after one year behind bars, to serve the remainder of his sentence under house arrest at his uncle’s home. |
| Today prosecutors will argue before a panel of judges that Masipa’s decision was wrong and that Pistorius should have been convicted of murder. | Today prosecutors will argue before a panel of judges that Masipa’s decision was wrong and that Pistorius should have been convicted of murder. |
| If the supreme court agrees, it can impose a murder conviction, which could see Pistorius returned to jail for up to 15 years. | If the supreme court agrees, it can impose a murder conviction, which could see Pistorius returned to jail for up to 15 years. |
| Alternatively, the judges could order a retrial, or dismiss the state’s argument. | Alternatively, the judges could order a retrial, or dismiss the state’s argument. |
| Lawyers for Pistorius will argue that the original conviction should stand. | Lawyers for Pistorius will argue that the original conviction should stand. |
| Tuesday will see both sides make their case to the judges. Each has submitted their heads of argument to the court; you can read the state’s submission here. | Tuesday will see both sides make their case to the judges. Each has submitted their heads of argument to the court; you can read the state’s submission here. |
| Pistorius will not attend the hearing, and the judges are expected to reserve their ruling to a later date. | Pistorius will not attend the hearing, and the judges are expected to reserve their ruling to a later date. |
| This rolling blog will cover the hearing live as court convenes at 10am local time (8am GMT/7pm AEDT). | This rolling blog will cover the hearing live as court convenes at 10am local time (8am GMT/7pm AEDT). |
| My colleague Simon Allison will be in court in Bloemfontein; you can follow his updates on this live blog and @simonallison. I will also tweet key developments @Claire_Phipps. Plus do feel free to leave comments and questions below the blog. | My colleague Simon Allison will be in court in Bloemfontein; you can follow his updates on this live blog and @simonallison. I will also tweet key developments @Claire_Phipps. Plus do feel free to leave comments and questions below the blog. |