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Pistorius case: Judge rules prosecutors can appeal | Pistorius case: Judge rules prosecutors can appeal |
(35 minutes later) | |
A South African judge has ruled that prosecutors can appeal against the "culpable homicide" conviction of Paralympian athlete Oscar Pistorius. | A South African judge has ruled that prosecutors can appeal against the "culpable homicide" conviction of Paralympian athlete Oscar Pistorius. |
The double amputee was jailed for five years in October for shooting dead his girlfriend, Reeva Steenkamp, at his home last year. | |
Judge Thokozile Masipa said prosecutors could not challenge the length of the sentence given to Pistorius. | Judge Thokozile Masipa said prosecutors could not challenge the length of the sentence given to Pistorius. |
Pistorius's lawyers had opposed the appeal request. | Pistorius's lawyers had opposed the appeal request. |
Prosecutors are seeking a murder conviction and the case will now go before South Africa's Supreme Court of Appeal. | Prosecutors are seeking a murder conviction and the case will now go before South Africa's Supreme Court of Appeal. |
They have argued that Judge Thokozile Masipa misinterpreted the law when she ruled that Pistorius did not intentionally shoot Ms Steenkamp. | They have argued that Judge Thokozile Masipa misinterpreted the law when she ruled that Pistorius did not intentionally shoot Ms Steenkamp. |
Judge Masipa announced the ruling in a Pretoria court on Wednesday. | Judge Masipa announced the ruling in a Pretoria court on Wednesday. |
"I cannot say... that the prospect of success at the Supreme Court of Appeal is remote," she said. | "I cannot say... that the prospect of success at the Supreme Court of Appeal is remote," she said. |
"The application therefore in respect of count one is decided in favour of the applicant. | "The application therefore in respect of count one is decided in favour of the applicant. |
"The application for leave to appeal against the sentence is dismissed." | "The application for leave to appeal against the sentence is dismissed." |
Outlining his case on Tuesday, prosecutor Gerrie Nel said the sentence was "shockingly inappropriate and does not fit the crime and the accused". | |
The sprinter had been charged by the prosecution with the premeditated murder of Ms Steenkamp, a model and law graduate. | The sprinter had been charged by the prosecution with the premeditated murder of Ms Steenkamp, a model and law graduate. |
He was also acquitted of the lesser murder charge of dolus eventualis - also known as common-law murder - by Judge Masipa, who ruled that he did not intend to kill. | He was also acquitted of the lesser murder charge of dolus eventualis - also known as common-law murder - by Judge Masipa, who ruled that he did not intend to kill. |
The prosecution had called for the maximum 15-year sentence for culpable homicide, or manslaughter. | The prosecution had called for the maximum 15-year sentence for culpable homicide, or manslaughter. |
Ms Steenkamp was shot dead at Pistorius' home in Pretoria in the early hours of Valentine's Day last year. He said he feared there was an intruder. | Ms Steenkamp was shot dead at Pistorius' home in Pretoria in the early hours of Valentine's Day last year. He said he feared there was an intruder. |
Pistorius is serving the sentence in the hospital wing of Pretoria's Kgosi Mampuru II prison. | Pistorius is serving the sentence in the hospital wing of Pretoria's Kgosi Mampuru II prison. |
Correspondents say the appeal is likely to take place next year. | Correspondents say the appeal is likely to take place next year. |