Oscar Pistorius News: Judge Masipa Allows Appeal
Judge Thokozile Masipa has ruled that prosecutors can appeal against the acquittal on murder charges of Paralympic athlete Oscar Pistorius. The South African judge said that she was allowing the state's appeal to clarify the application of "dolus eventualis," which is a legal principle asking whether Pistorius could have foreseen that firing four bullets through a bathroom door would kill someone.
This would clear the way for prosecutors to seek a murder conviction against the double amputee, which could see the former Paralympian star sprinter receive a 15-year jail sentence. The appeal will be heard next year by a panel of judges at the Supreme Court of Appeal in Bloemfontein.
In October, Pistorius was acquitted of the murder of his girlfriend, Reeva Steenkamp, whom he shot and killed at his home on Valentine's Day last year. The Paralympian claimed that he thought that he heard an intruder enter his home, which led to him shooting his bathroom door four times, not knowing that it was Steenkamp who was on the other side of it. He was found guilty of manslaughter, which is known as culpable homicide in South Africa.
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However, the judge rejected the state's application to appeal Pistorius's manslaughter sentence, which could see the athlete released to house arrest after just 10 months.
"I am not persuaded that there was any material misdirection or irregularity, or that on the facts of this matter the sentence imposed was shockingly inappropriate," said Judge Masipa.
The judge also dismissed an application to appeal Pistorius' acquittal on a charge of possession of illegal ammunition.
Pistorius, who is being held at Pretoria's Kgosi Mampuru II prison, did not attend the brief proceedings, however, his father Henke was in court for the appeal ruling. In a statement, the athlete's uncle Arnold Pistorius said, "We note the finding of the court and abide by the ruling."
