Prosecutors seek jail time for Pistorius

There seems to be fresh worry for double amputee, Oscar Pistorius following the hearing of an appeal by South African judges on whether the athlete should be convicted of murder instead of culpable homicide.

The Paralympian was transferred to house arrest last month after serving one year of his five-year term for killing his girlfriend Reeva Steenkamp.

No date was set for the judgment that could see Pistorius return to prison, and Pistorius and his family did not attend the hearing at South Africa’s Supreme Court of Appeal in Bloemfontein.

Ms Steenkamp’s mother, June, was present, as well as some women activists of the governing African National Congress who said they came to show solidarity with her.

The proceedings were broadcast live on television.

State prosecutor Gerrie Nel outlined the state’s case for the verdict to be changed to murder from culpable homicide, or manslaughter. The five appeal court judges did not consider the facts but the application of the law, in a highly technical case.

What is on everybody’s lips is what Pistorius’ lawyer Barry Roux was overheard saying at the end of the hearing. “I’m going to lose”, he is reported to have said in a conversation with Mr Nel while their microphones were still open.

Read also: Oscar Pistorius released, under house arrest

But the context in which he made the comment is unclear. But this case has thrown up so many twists and turns that no-one can confidently predict which way the court will rule.

The five judges who heard the appeal are among the most senior in South Africa, and came from across the racial and gender divide. They did not take new evidence, but heard arguments from both sides on whether the trial judge interpreted the law correctly, especially the charge of dolus eventualis, also known as common-law murder.

In South African law, this charge applies if the accused knew they might kill someone but still went ahead with their course of action. The prosecution argued that Pistorius should have foreseen that by firing four shots through a locked door into a toilet cubicle, the person behind the door would have been killed.

The final ruling will not be known for some weeks, reports say.

Pistorius was found guilty of the culpable homicide of his 29-year-old girlfriend at a trial in October last year.

Ms Steenkamp’s relatives have said they think Pistorius is “getting off lightly”.

Credit: BBC Africa

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