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Pistorius case: Judge rules prosecutors can appeal Oscar Pistorius case: Judge Masipa allows appeal
(about 1 hour 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 acquittal on murder charges of Paralympic 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. The double amputee was jailed for five years in October for killing his girlfriend, Reeva Steenkamp.
Judge Thokozile Masipa said prosecutors could not challenge the length of the sentence given to Pistorius. Judge Thokozile Masipa said prosecutors could appeal against the acquittal, but not the five-year sentence given for the lesser charge of culpable homicide.
Pistorius's lawyers had opposed the appeal request. Pistorius' 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. 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. Prosecutors argued that Judge Masipa misinterpreted the law when she cleared Pistorius of murder on the basis that he did not intentionally shoot Ms Steenkamp.
Judge Masipa announced the ruling in a Pretoria court on Wednesday. Judge Masipa granted the appeal in 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." However, Judge Masipa dismissed the prosecution's argument that the sentence should be reviewed because Ms Steenkamp's parents had been extremely dissatisfied with it.
She also said the public interest in the case was "irrelevant" and she had ruled only on the basis of the prosecutors' case.
In court - By Pumza Fihlani, BBC News, Pretoria
Today was a big win for the state prosecutors. Although they lost their bid on the sentence, Judge Thokozile Masipa gave the go-ahead for them to appeal the conviction. This was always Gerrie Nel's main intention.
The Supreme Court of Appeal (SCA) will now decide if the principles of law were applied correctly.
A panel of up to five judges has the power to not only overturn Judge Masipa's conviction but can also rule on a minimum sentence - which in the case of murder would be 15 years in prison.
Although the sentence appeal was denied, veteran advocate Mannie Witz told me that before the SCA this would make little difference. The appeal judges' power is such that they can also consider the sentence and find that the appeal should have been granted.
For Pistorius, this means the case is far from over and if the state has its way, the worst is yet to come.
Outlining his case on Tuesday, prosecutor Gerrie Nel said the sentence was "shockingly inappropriate and does not fit the crime and the accused".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. Pistorius could be eligible for parole and house arrest after serving 10 months of his five-year sentence, but is now facing the prospect of a possible murder conviction.
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 will remain in prison while the appeal process takes place.
Prosecution spokesman Nathi Mncube welcome the judge's ruling on Wednesday but said prosecutors would still attempt to challenge the sentence.
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, a model and law graduate, 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 was acquitted of both premeditated murder and the lesser murder charge of dolus eventualis - also known as common-law murder - by Judge Masipa.
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. The appeal is likely to be heard next year.