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Oscar Pistorius murder charge sought by S Africa prosecutors Oscar Pistorius murder conviction sought by S Africa prosecutors
(about 1 hour later)
South African prosecutors have started an appeal hearing on whether athlete Oscar Pistorius should be convicted of murder instead of culpable homicide. South African judges have heard an appeal on whether athlete Oscar Pistorius should be convicted of murder instead of culpable homicide.
The Paralympian was released from prison last month after serving one year of his five-year term for killing his girlfriend Reeva Steenkamp.The Paralympian was released from prison last month after serving one year of his five-year term for killing his girlfriend Reeva Steenkamp.
Pistorius, 28, shot her through a locked bathroom door in 2013 but insists he thought she was an intruder.Pistorius, 28, shot her through a locked bathroom door in 2013 but insists he thought she was an intruder.
He could be sent back to jail if appeal judges overturn the original verdict.He could be sent back to jail if appeal judges overturn the original verdict.
Pistorius is currently under house arrest, and is not attending the hearing at South Africa's Supreme Court of Appeal in Bloemfontein. Pistorius is currently under house arrest, and did not attend the hearing at South Africa's Supreme Court of Appeal in Bloemfontein.
Africa Live: Pistorius appeal updates here At the scene: Milton Nkosi, BBC News, Bloemfontein
From the courtroom: BBC's Karen Allen When I saw Reeva Steenkamp's mother June walk into court, she looked clam and stoic but one could not miss the tragedy unfolding inside. No-one from the Pistorius family was present, except for their spokeswoman Anneliese Burgess.
More tweets from Karen The appeal was heard by some of South Africa's most senior judges from across the racial and gender divide. They did not take any new evidence. They simply heard arguments from the prosecution and defence over whether the lower-ranking trial judge applied the law correctly - especially the charge of dolus eventualis, also known as common-law murder.
The proceedings are being broadcast live on television. In South African law, this charge applies if the accused knew they might kill someone but still went ahead with their course of action. The prosecution argued that Pistorius should have foreseen that by firing four shots through a locked door into a toilet cubicle, the person behind the door would have been killed.
State prosecutor Gerrie Nel has been outlining the state's case for the verdict to be changed to murder from culpable homicide, or manslaughter. The trial judge disagreed and the prosecution tried to convince the appeal judges to overturn that verdict. A whole day was set aside for the hearing, but it ended early. The judges will give their ruling at a later date.
The five appeal court judges will not be considering the facts but the application of the law, in what is expected to be a highly technical case, the BBC's Karen Allen in Bloemfontein reports. The proceedings were broadcast live on television.
The prosecution says that Judge Thokozile Masipa incorrectly applied the law of murder. It argues that Oscar Pistorius should have foreseen the result of his actions, namely that shooting four times through a closed bathroom door would result in a person's death. State prosecutor Gerrie Nel outlined the state's case for the verdict to be changed to murder from culpable homicide, or manslaughter.
The five appeal court judges did not consider the facts but the application of the law, in a highly technical case.
The prosecution said that Judge Thokozile Masipa incorrectly applied the law of murder. It argued that Pistorius should have foreseen the result of his actions, namely that shooting four times into a closed toilet cubicle door would result in a person's death.
The athlete said he believed there was an intruder in the house and thought his girlfriend was in the bedroom.The athlete said he believed there was an intruder in the house and thought his girlfriend was in the bedroom.
The prosecution will argue that who was behind the bathroom door is irrelevant, and Pistorius's intent was to kill, our correspondent says. The prosecution argued that who was behind the bathroom door was irrelevant, and Pistorius's intent was to kill.
The prosecution also wants his jail sentence to be increased from five years to a minimum of 15 years. From the courtroom: BBC's Karen Allen
The prosecution also want his jail sentence to be increased from five years to a minimum of 15 years.
The final ruling will not be known for some weeks, reports say.The final ruling will not be known for some weeks, reports say.
Pistorius was found guilty of the culpable homicide of his 29-year-old girlfriend at a trial in October last year.Pistorius was found guilty of the culpable homicide of his 29-year-old girlfriend at a trial in October last year.
Ms Steenkamp's relatives have said they think Pistorius is "getting off lightly".Ms Steenkamp's relatives have said they think Pistorius is "getting off lightly".
Analysis: Farouk Chothia, BBC News
Five judges are hearing the appeal against Pistorius's murder acquittal.
The public gallery is packed. Reeva Steenkamp's mother, June, is present, as well as members of the governing African National Congress' (ANC) women's wing.
They say they are there to show solidarity with Mrs Steenkamp, as she struggles to come to terms with the loss of her daughter. Supporters of the athlete are also present, with one holding a banner saying: "Hands off Pistorius."
The hearing is expected to last a day - an argument between lawyers over whether the athlete's conviction should be changed from culpable homicide, or manslaughter, to murder.
No new evidence is being presented - the judges will simply consider whether Judge Thokozile Masipa reached the correct verdict when she heard the case.
The judges reflect South Africa's rainbow nation, being made up of both blacks and whites - and women. The composition of the panel will help allay any concerns that their ruling had a racial or gender bias in a nation still fraught with racial tension and high levels of violence against women.
The double amputee was released from prison on 19 October. Under South African law, he was eligible for release under "correctional supervision", having served a sixth of his sentence.The double amputee was released from prison on 19 October. Under South African law, he was eligible for release under "correctional supervision", having served a sixth of his sentence.
His family said he would "strictly" adhere to his parole conditions at his uncle's upmarket home in Pretoria.His family said he would "strictly" adhere to his parole conditions at his uncle's upmarket home in Pretoria.
Pistorius competed in the 400 metres at the London 2012 Olympics, wearing carbon-fibre blades to run against able-bodied athletes. Pistorius competed in the 400m at the London 2012 Olympics, wearing carbon-fibre blades to run against able-bodied athletes.