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South African judge approves Pistorius appeal
By CHRISTOPHER TORCHIA, Associated Press
Updated 8:32 am, Wednesday, December 10, 2014

JOHANNESBURG (AP) — Oscar Pistorius again faces the possibility of a murder conviction after a South African judge ruled Wednesday that prosecutors can appeal against the double-amputee Olympian's conviction on the lesser charge of culpable homicide.

The sensational case will go to the Supreme Court of Appeal, which will review the murder trial of Pistorius, who fatally shot girlfriend Reeva Steenkamp through the closed door of a toilet cubicle on Valentine's Day last year.

Judge Thokozile Masipa, who convicted Pistorius and sentenced him to five years in jail, acknowledged that chief prosecutor Gerrie Nel had raised legitimate "questions of law" that should be studied by the appeals court.

"This might have a practical effect" on the conviction, Masipa said.

"We note the finding of the court and abide by the ruling," Pistorius' family said in a statement.

Pistorius could face a minimum of 15 years in prison if the appeals court overturns the culpable homicide conviction and raises it to a murder conviction.

Under his current sentence, Pistorius could be released from prison and placed under house arrest after serving 10 months, or one-sixth of his sentence. It is unclear whether the appeals court will have ruled on his case within 10 months.

Nathi Mncube, the prosecution spokesman, said he hopes the appeal will be "expedited," but acknowledged that the process can take a long time.

"We're happy," Mncube told journalists.

The approval of an appeal represented a victory for South African prosecutors who had been disappointed that Pistorius was acquitted of murder.

In another disappointment for the state, British businessman Shrien Dewani left South Africa on Tuesday after being acquitted of the murder of his wife Anni during their honeymoon in Cape Town in 2010.

The appeals court has panels of three or five judges and does not meet again until Feb. 15, according to the website of the court, which is based in the South African city of Bloemfontein. Decisions are based on the opinion of a majority of judges.

"Witnesses do not appear before the court, and the parties need not be present during the hearing of an appeal. A written judgment is usually handed down shortly after the argument," the court's website says.

In arguing for an appeal, the prosecution said Judge Masipa incorrectly interpreted a legal principle. Under that principle, a person should be found guilty of murder if he foresaw the possibility of a person dying because of his actions, and went ahead with those actions anyway.

While approving an appeal against her own verdict, Masipa rejected the prosecution's argument for an appeal of the sentence for culpable homicide. Prosecutors had said it was too lenient.

In any case, if the appeals court finds Pistorius guilty of murder, the sentence would automatically be raised to match the severity of the crime.

Pistorius said he thought a dangerous intruder was in the house when he killed Steenkamp, a model and budding reality TV star; prosecutors allege he killed his girlfriend after an argument.

Pistorius' legs were amputated below the knees when he was 11 months old because he was born without fibula bones due to a congenital defect. However, he grew up playing sports with prosthetics. The sight of Pistorius racing at the London Olympics on carbon-fiber blades was one of the enduring and inspirational images of the 2012 games.

Where the accused has been convicted by a single judge of the High Court, she may seek leave to appeal against her conviction or sentence (or both) by applying to the same judge who convicted her. That judge must decide whether there is a reasonable prospect that an appeal court would reach a different finding. If the judge decides the appeal does have reasonable prospects of success, she can grant leave to appeal either to a full court (three judges) of the High Court or, if the matter is difficult, straight to the Supreme Court of Appeal.

If the single High Court judge refuses leave to appeal, that decision is itself appealable: the accused may petition the Supreme Court of Appeal, asking it to overturn the single judge’s refusal and grant leave to appeal.

The Constitutional Court is the highest court. It decides who can bring appeals to it. Normally it gives leave to appeal to it only in constitutional cases, but it can also decide a case if it involves an arguable point of law of general public importance.

(CNN)A parole board is set to recommend that the disgraced athlete Oscar Pistorius, convicted in the killing of his girlfriend, be released from prison in August, South Africa's Department of Correctional Services told CNN on Monday.

Pistorius, 28, was sentenced in October to five years in prison for culpable homicide in the killing of Reeva Steenkamp on Valentine's Day 2013. In South Africa, culpable homicide means a person was killed unintentionally but unlawfully.

Pistorius acknowledged firing shots through the bathroom door in his home, but said he thought there was an intruder in the bathroom rather than his girlfriend.

Pistorius' fall from grace was one of the most dramatic since that of O.J. Simpson, the American football player turned sports announcer and movie star, who was charged with murder in the 1994 deaths of his ex-wife, Nicole Brown Simpson, and her friend Ronald Goldman.

Simpson was acquitted in a criminal trial but found responsible for the deaths in a subsequent civil suit.

Like Simpson, Pistorius was handsome, popular and wealthy from commercial endorsements when the charges were filed.

In his 2014 trial, a judge found Pistorius to be not guilty of murder. Prosecutors are appealing that verdict.

Both of Pistorius' legs were amputated before his first birthday. In the 2012 Summer Olympics in London, Pistorius became the first athlete with both legs amputated to participate in the Olympic Games, running in the 400-meter race and the 4x400 meter relay.

Under South African law, Pistorius must serve at least one-sixth of his sentence -- 10 months -- before being released. The parole board is prepared to recommend that he be released on August 21, 10 months to the day since his sentencing.

Steenkamp's parents reportedly wrote a letter to the parole board in protest, calling for accountability.

South African broadcaster eNCA published the letter, which read, in part: "As her family, we do not seek to avenge her death and we do not want Mr. Pistorius to suffer; that will not bring her back to us. However a person found guilty of a crime must be held accountable for their actions.

"Statistics show that our society is under continuous attack from criminals and murderers. Incarceration of 10 months for taking a life is simply not enough. We fear that this will not send out the proper message and serve as the deterrent it should."

Oscar Pistorius case: Prosecution's appeal against acquittal on murder set for November

CAPE TOWN, South Africa (AP) — Oscar Pistorius' case will go in front of South Africa's Supreme Court of Appeal in November, the court said Monday, when prosecutors will challenge the decision to acquit him of murder for shooting girlfriend Reeva Steenkamp.

Pistorius would again face the possibility of a murder conviction and a minimum of 15 years in prison if a panel of judges at the Supreme Court of Appeal overturns the original decision in his murder trial.

The court has not yet set an exact date for the appeal, court registrar Paul Myburgh told The Associated Press, but it will be in November. That will be three months after Pistorius is eligible for release from prison to serve the remainder of his current sentence, for a culpable homicide conviction, under house arrest.

Pistorius was acquitted of murder last year for killing Steenkamp in 2013 by shooting her multiple times through a closed toilet door in his Pretoria home. The runner claimed he mistook Steenkamp for a nighttime intruder.

He was convicted instead of culpable homicide, a charge similar to manslaughter, and sentenced to five years in a jail in the South African capital, Pretoria.

Prosecutors appealed the decision by trial Judge Thokozile Masipa, saying the double-amputee Olympic athlete should have been found guilty of murder. In December, Masipa granted prosecutors permission to appeal her finding at the Supreme Court of Appeal.

Supreme Court of Appeal registrar Myburgh said that chief prosecutor Gerrie Nel and defense lawyer Barry Roux have already met with the president of the court.

Some of the details of the appeal hearing have been ironed out: Prosecutors must submit their court papers outlining their argument by Aug. 17. Pistorius' defense team must submit its response by Sept. 17, Myburgh said.

Crackpot wrote:Google an image of Oscar why don't you. They don't call him blade runner because he's a sci fi fan you know...

Crackpot wrote:An ankle monitor really?!