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| Prosecutors Begin Appealing Pistorius’s ‘Light’ Sentence and Conviction | |
| (about 4 hours later) | |
| Starting a new phase in a case that captivated a global audience, South African state prosecutors began legal proceedings on Tuesday to appeal the conviction and “shockingly light” sentence handed down to the track star Oscar Pistorius last month for killing his girlfriend. | |
| Mr. Pistorius was acquitted of murder charges but was convicted of a lesser charge of culpable homicide, equivalent to manslaughter, and sentenced to five years in prison. South African law calls for him to serve at least 10 months of the sentence in prison before he can be released to house arrest. | Mr. Pistorius was acquitted of murder charges but was convicted of a lesser charge of culpable homicide, equivalent to manslaughter, and sentenced to five years in prison. South African law calls for him to serve at least 10 months of the sentence in prison before he can be released to house arrest. |
| During his seven-month trial, Mr. Pistorius, 27, a double amputee since infancy, said he was not guilty of murder but admitted to killing his girlfriend, Reeva Steenkamp, a 29-year-old law graduate and model. He said he believed an intruder had entered his home when he fired four rounds through a locked toilet cubicle door on Feb. 14, 2013. | |
| In a statement that was also posted on Twitter, Nathi Mncube, a spokesman for the National Prosecuting Authority, said on Tuesday that the organization had filed “application for leave to appeal Oscar Pistorius judgment and sentence.” | In a statement that was also posted on Twitter, Nathi Mncube, a spokesman for the National Prosecuting Authority, said on Tuesday that the organization had filed “application for leave to appeal Oscar Pistorius judgment and sentence.” |
| It was not clear when the case would be heard or whether permission to appeal would be granted. | It was not clear when the case would be heard or whether permission to appeal would be granted. |
| “The appeal on conviction is based on the question of law,” Mr. Mncube said. The prosecution contends that while Mr. Pistorius had been convicted of a negligent killing, Judge Thokozile Matilda Masipa should have found him guilty of murder. | “The appeal on conviction is based on the question of law,” Mr. Mncube said. The prosecution contends that while Mr. Pistorius had been convicted of a negligent killing, Judge Thokozile Matilda Masipa should have found him guilty of murder. |
| The argument, echoed by some legal experts, is that under a principle known as dolus eventualis, Mr. Pistorius should have been held accountable for the foreseeable consequences of his actions. The charge is less serious than premeditated murder but could carry a term of 15 years. | The argument, echoed by some legal experts, is that under a principle known as dolus eventualis, Mr. Pistorius should have been held accountable for the foreseeable consequences of his actions. The charge is less serious than premeditated murder but could carry a term of 15 years. |
| In filings at the High Court, prosecutors said the sentence was “shockingly light, inappropriate and would not have been imposed by any reasonable court.” | |
| Judge Masipa “erred in over-emphasizing the personal circumstances of the accused and the fact that he was suffering from Post-Traumatic Stress, was anxious and ‘seems remorseful,’ ” the prosecutors said. | |
| “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.” | |
| “There is a reasonable prospect that another court may come to a different finding” concerning the sentence or “in fact overturn the sentence.” | |
| Mr. Mncube, said the request for permission to appeal was expected to be adjudicated by Judge Masipa herself. | |
| “After presenting our case, the judge will either grant or reject our application,” Mr. Mncube said. “If it’s granted, the case will then be heard by the Supreme Court of Appeal.” | |
| Mr. Pistorius is being held in the hospital wing of the Kgosi Mampuru II prison, formerly known as Pretoria Central, in Pretoria, the South African capital. | Mr. Pistorius is being held in the hospital wing of the Kgosi Mampuru II prison, formerly known as Pretoria Central, in Pretoria, the South African capital. |