This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at http://www.theguardian.com/world/live/2015/dec/03/oscar-pistorius-appeal-court-guilty-murder-reeva-steenkamp-live
The article has changed 12 times. There is an RSS feed of changes available.
| Version 9 | Version 10 |
|---|---|
| Oscar Pistorius conviction upgraded to murder – as it happened | Oscar Pistorius conviction upgraded to murder – as it happened |
| (30 days later) | |
| 9.57am GMT | 9.57am GMT |
| 09:57 | 09:57 |
| Closing summary | Closing summary |
| Claire Phipps | Claire Phipps |
| As a result of the errors of law … and on a proper appraisal of the facts, he ought to have been convicted not of culpable homicide on that count but of murder. | As a result of the errors of law … and on a proper appraisal of the facts, he ought to have been convicted not of culpable homicide on that count but of murder. |
| In the interests of justice the conviction and the sentence imposed in respect thereof must be set aside and the conviction substituted with a conviction of the correct offence. | In the interests of justice the conviction and the sentence imposed in respect thereof must be set aside and the conviction substituted with a conviction of the correct offence. |
| I have no doubt … the accused must have foreseen and therefore did foresee that whoever was behind that door might die. | I have no doubt … the accused must have foreseen and therefore did foresee that whoever was behind that door might die. |
| You can read our full report here: | You can read our full report here: |
| Related: Oscar Pistorius conviction in death of Reeva Steenkamp upgraded to murder | Related: Oscar Pistorius conviction in death of Reeva Steenkamp upgraded to murder |
| I’m wrapping up this live blog now. Thank you for reading and for your comments. We will have live coverage again when Pistorius returns to the high court for his fresh sentencing. | I’m wrapping up this live blog now. Thank you for reading and for your comments. We will have live coverage again when Pistorius returns to the high court for his fresh sentencing. |
| 9.54am GMT | 9.54am GMT |
| 09:54 | 09:54 |
| Appeal court ruling 'not a slight' on trial judge | Appeal court ruling 'not a slight' on trial judge |
| The appeal court, despite having ruled that Judge Thokozile Masipa, who presided over the original trial, had made several errors of law, nonetheless commended her role: | The appeal court, despite having ruled that Judge Thokozile Masipa, who presided over the original trial, had made several errors of law, nonetheless commended her role: |
| Before closing, it is necessary to make a final comment. The trial was conducted in the glare of international attention and the focus of television cameras, which must have added to the inherently heavy rigours that are brought to bear upon trial courts in conducting lengthy and complicated trials. | Before closing, it is necessary to make a final comment. The trial was conducted in the glare of international attention and the focus of television cameras, which must have added to the inherently heavy rigours that are brought to bear upon trial courts in conducting lengthy and complicated trials. |
| The trial judge conducted the hearing with a degree of dignity and patience that is a credit to the judiciary. | The trial judge conducted the hearing with a degree of dignity and patience that is a credit to the judiciary. |
| The fact that this court has determined that certain mistakes were made should not be seen as an adverse comment upon her competence and ability. | The fact that this court has determined that certain mistakes were made should not be seen as an adverse comment upon her competence and ability. |
| The fact is that different judges reach different conclusions and, in the light of an appeal structure, those of the appellate court prevail. | The fact is that different judges reach different conclusions and, in the light of an appeal structure, those of the appellate court prevail. |
| But the fact that the appeal has succeeded is not to be regarded as a slight upon the trial judge who is to be congratulated for the manner in which she conducted the proceedings. | But the fact that the appeal has succeeded is not to be regarded as a slight upon the trial judge who is to be congratulated for the manner in which she conducted the proceedings. |
| 9.46am GMT | 9.46am GMT |
| 09:46 | 09:46 |
| Here is the link to the full appeal court judgment (pdf). | Here is the link to the full appeal court judgment (pdf). |
| 9.44am GMT | 9.44am GMT |
| 09:44 | 09:44 |
| Pistorius family statement | Pistorius family statement |
| The Pistorius family has put out this statement: | The Pistorius family has put out this statement: |
| We have taken note of the judgment that has just been handed down by the supreme court of appeal. | We have taken note of the judgment that has just been handed down by the supreme court of appeal. |
| The legal team will study the finding and we will be guided by them in terms of options going forward. | The legal team will study the finding and we will be guided by them in terms of options going forward. |
| We will not be commenting any further at this stage. | We will not be commenting any further at this stage. |
| Updated | Updated |
| at 9.52am GMT | at 9.52am GMT |
| 9.39am GMT | 9.39am GMT |
| 09:39 | 09:39 |
| This was a crucial part of the appeal court ruling, in answer to the argument that the ordeal of the trial, the original culpable homicide verdict, and the serving of prison time meant that a murder conviction was theoretical or unnecessary: | This was a crucial part of the appeal court ruling, in answer to the argument that the ordeal of the trial, the original culpable homicide verdict, and the serving of prison time meant that a murder conviction was theoretical or unnecessary: |
| The interests of justice require that persons should be convicted of the actual crimes they have committed, and not of lesser offences. | The interests of justice require that persons should be convicted of the actual crimes they have committed, and not of lesser offences. |
| That is particularly so in crimes of violence. | That is particularly so in crimes of violence. |
| It would be wrong to effectively think away the fact that an accused person is guilty of murder if he ought to have been convicted of that offence. | It would be wrong to effectively think away the fact that an accused person is guilty of murder if he ought to have been convicted of that offence. |
| 9.35am GMT | 9.35am GMT |
| 09:35 | 09:35 |
| 9.27am GMT | 9.27am GMT |
| 09:27 | 09:27 |
| Could Pistorius appeal? | Could Pistorius appeal? |
| Could the defence appeal against the overturning of the culpable homicide verdict and the imposition of a murder conviction? | Could the defence appeal against the overturning of the culpable homicide verdict and the imposition of a murder conviction? |
| South African legal experts say it is possible that Pistorius could appeal to the constitutional court, but this is a rare step. | South African legal experts say it is possible that Pistorius could appeal to the constitutional court, but this is a rare step. |
| The key to such an appeal would be for the defence to argue that Pistorius did not receive a fair trial. | The key to such an appeal would be for the defence to argue that Pistorius did not receive a fair trial. |
| The defence will also get the opportunity to make a fresh argument in mitigation of sentence when Pistorius returns to stand in front of Judge Masipa in the Pretoria high court, probably next year. | The defence will also get the opportunity to make a fresh argument in mitigation of sentence when Pistorius returns to stand in front of Judge Masipa in the Pretoria high court, probably next year. |
| The result of that new sentencing could determine whether or not the defence attempts an appeal, believes South African attorney David Dadic: | The result of that new sentencing could determine whether or not the defence attempts an appeal, believes South African attorney David Dadic: |
| 10 - I think that will be decisive in whether he tries to appeal again - if he gets a "bearable" sentence (eg 3 years real time) | 10 - I think that will be decisive in whether he tries to appeal again - if he gets a "bearable" sentence (eg 3 years real time) |
| 9.16am GMT | 9.16am GMT |
| 09:16 | 09:16 |
| The South African National Prosecuting Authority has reportedly said that Pistorius will remain under correctional supervision – that is, under house arrest at his uncle’s home – until he appears for re-sentencing before the high court in Pretoria. | The South African National Prosecuting Authority has reportedly said that Pistorius will remain under correctional supervision – that is, under house arrest at his uncle’s home – until he appears for re-sentencing before the high court in Pretoria. |
| No date has been set for that hearing. | No date has been set for that hearing. |
| This means Oscar Pistorius will not be returning immediately to prison. | This means Oscar Pistorius will not be returning immediately to prison. |
| 9.13am GMT | 9.13am GMT |
| 09:13 | 09:13 |
| Reporters have now been given paper copies of the full appeal court ruling. | Reporters have now been given paper copies of the full appeal court ruling. |
| It doesn’t yet appear to be online in full, but I’ll post a link when there is one. | It doesn’t yet appear to be online in full, but I’ll post a link when there is one. |
| The first paragraph of the #OscarPistorius verdict... pic.twitter.com/SlcpT0gh3l | The first paragraph of the #OscarPistorius verdict... pic.twitter.com/SlcpT0gh3l |
| 9.12am GMT | 9.12am GMT |
| 09:12 | 09:12 |
| An aside: there was a flurry of tweets from some reporters as Justice Leach began his ruling and appeared to set aside the appeal summarily. | An aside: there was a flurry of tweets from some reporters as Justice Leach began his ruling and appeared to set aside the appeal summarily. |
| Those comments were in fact in relation to a separate case. | Those comments were in fact in relation to a separate case. |
| 9.07am GMT | 9.07am GMT |
| 09:07 | 09:07 |
| My colleague Simon Allison reports from Johannesburg: | My colleague Simon Allison reports from Johannesburg: |
| It is not yet clear whether Oscar Pistorius will return to prison immediately, or if he will be allowed to remain in correctional supervision until a new sentence is handed down. | It is not yet clear whether Oscar Pistorius will return to prison immediately, or if he will be allowed to remain in correctional supervision until a new sentence is handed down. |
| As is custom, Pistorius and his family were not in the court in Bloemfontein as the judgment was delivered. | As is custom, Pistorius and his family were not in the court in Bloemfontein as the judgment was delivered. |
| June Steenkamp, Reeva Steenkamp’s mother, was present. | June Steenkamp, Reeva Steenkamp’s mother, was present. |
| The Paralympic gold medallist was released into house arrest in October, having served one-fifth of his original five-year term, and has been performing court-mandated community service. | The Paralympic gold medallist was released into house arrest in October, having served one-fifth of his original five-year term, and has been performing court-mandated community service. |
| Updated | Updated |
| at 9.13am GMT | at 9.13am GMT |