Wednesday 10 December 2014

Pistorius' conviction can be appealed





  • NEW: Reeva Steenkamp's mother hopes the appeal will be a "good thing"

  • Amputee track star Pistorius was convicted of culpable homicide, not murder

  • Prosecutors wanted Pistorius to be convicted of a more serious charge

  • "I don't think we should have gone this far," Pistorius' father says




Johannesburg (CNN) -- A judge in Pretoria ruled Wednesday that South African prosecutors can appeal Oscar Pistorius' conviction, but denied the state's bid to challenge his sentence.


The decision means that the decision over Pistorius' fate isn't over, with the legal battle possibly extending well into next year.


Prosecutors had said Pistorius' sentence of five years in prison for fatally shooting his girlfriend was nowhere near enough punishment.


They also want the double-amputee track star to be convicted of a more serious charge. They had originally sought conviction on a charge of murder.


Pistorius was found guilty of culpable homicide, or negligent killing, in the death of Reeva Steenkamp.









Oscar Pistorius reaches out to his uncle Arnold Pistorius and other family members as he is led out of court in Pretoria, South Africa, after being sentenced to five years in prison on Tuesday, October 21. Pistorius, the first double-amputee runner to compete in the Olympics, was sentenced for culpable homicide in the February 2013 death of his girlfriend, Reeva Steenkamp.Oscar Pistorius reaches out to his uncle Arnold Pistorius and other family members as he is led out of court in Pretoria, South Africa, after being sentenced to five years in prison on Tuesday, October 21. Pistorius, the first double-amputee runner to compete in the Olympics, was sentenced for culpable homicide in the February 2013 death of his girlfriend, Reeva Steenkamp.



Pistorius leaves the high court in Pretoria on Monday, October 13. A judge cleared Pistorius of premeditated murder last month, but he was found guilty of culpable homicide -- the South African term for unintentionally, but unlawfully, killing a person.Pistorius leaves the high court in Pretoria on Monday, October 13. A judge cleared Pistorius of premeditated murder last month, but he was found guilty of culpable homicide -- the South African term for unintentionally, but unlawfully, killing a person.



Pistorius speaks with his uncle Arnold Pistorius during his trial at the Pretoria High Court on Friday, September 12.Pistorius speaks with his uncle Arnold Pistorius during his trial at the Pretoria High Court on Friday, September 12.



Pistorius cries on the stand in Pretoria on Thursday, September 11, as the judge reads notes while delivering her verdict.Pistorius cries on the stand in Pretoria on Thursday, September 11, as the judge reads notes while delivering her verdict.



Pistorius arrives at court on September 11.Pistorius arrives at court on September 11.



Pistorius speaks to someone in court as his murder trial resumes in Pretoria on Thursday, August 7.Pistorius speaks to someone in court as his murder trial resumes in Pretoria on Thursday, August 7.



Pistorius sits in court in Pretoria on Tuesday, July 8.Pistorius sits in court in Pretoria on Tuesday, July 8.



Pistorius arrives at court in Pretoria on Monday, July 7.Pistorius arrives at court in Pretoria on Monday, July 7.



Pistorius yawns during day 37 of his murder trial on June 3.Pistorius yawns during day 37 of his murder trial on June 3.



Pistorius hugs a supporter Wednesday, July 2.Pistorius hugs a supporter Wednesday, July 2.



Pistorius listens to evidence being presented in court on Monday, June 30.Pistorius listens to evidence being presented in court on Monday, June 30.



Pistorius leaves the court in Pretoria on Tuesday, May 20.Pistorius leaves the court in Pretoria on Tuesday, May 20.



Pistorius reads notes during his trial on Monday, May 12. Pistorius reads notes during his trial on Monday, May 12.



Ballistics expert Tom "Wollie" Wolmarans testifies for the defense on May 12.Ballistics expert Tom "Wollie" Wolmarans testifies for the defense on May 12.



A red laser dot points at bullet holes in the bathroom door for a forensic demonstration during the trial on May 12. Pistorius admits firing four bullets through the closed door, killing Steenkamp, but says he thought he was protecting himself from a burglar.A red laser dot points at bullet holes in the bathroom door for a forensic demonstration during the trial on May 12. Pistorius admits firing four bullets through the closed door, killing Steenkamp, but says he thought he was protecting himself from a burglar.



Pistorius returns to court as his murder trial resumes Monday, May 5, after a break of more than two weeks.Pistorius returns to court as his murder trial resumes Monday, May 5, after a break of more than two weeks.



Pistorius gets a hug from a woman as he leaves court in Pretoria on Wednesday, April 16.Pistorius gets a hug from a woman as he leaves court in Pretoria on Wednesday, April 16.



Pistorius rubs his eye Tuesday, April 15, after testifying during his murder trial.Pistorius rubs his eye Tuesday, April 15, after testifying during his murder trial.



Pistorius arrives at the court in Pretoria on Monday, April 14.Pistorius arrives at the court in Pretoria on Monday, April 14.



Pistorius' sister, Aimee, cries in court as she listens to her brother's testimony on Tuesday, April 8.Pistorius' sister, Aimee, cries in court as she listens to her brother's testimony on Tuesday, April 8.



June Steenkamp, Reeva Steenkamp's mother, reacts as she listens to Pistorius' testimony on April 8.June Steenkamp, Reeva Steenkamp's mother, reacts as she listens to Pistorius' testimony on April 8.



Pistorius is hugged by his aunt Lois Pistorius in court on Monday, April 7.Pistorius is hugged by his aunt Lois Pistorius in court on Monday, April 7.



Pistorius sits inside the courtroom as members of his defense team talk in the foreground Friday, March 28.Pistorius sits inside the courtroom as members of his defense team talk in the foreground Friday, March 28.



Pistorius leaves court on March 28. The trial was delayed until April 7 because one of the legal experts who will assist the judge in reaching a verdict was sick.Pistorius leaves court on March 28. The trial was delayed until April 7 because one of the legal experts who will assist the judge in reaching a verdict was sick.



Steenkamp's mother, right, and family friend Jenny Strydom react in court Tuesday, March 25, during cross-questioning.Steenkamp's mother, right, and family friend Jenny Strydom react in court Tuesday, March 25, during cross-questioning.



Cell phone analyst Francois Moller testifies during the trial on March 25. Questioned by the prosecution, Moller listed in order the calls made and received by Pistorius after he shot Steenkamp.Cell phone analyst Francois Moller testifies during the trial on March 25. Questioned by the prosecution, Moller listed in order the calls made and received by Pistorius after he shot Steenkamp.



Pistorius cries as he sits in the dock during his trial on Monday, March 24.Pistorius cries as he sits in the dock during his trial on Monday, March 24.



Pistorius talks to defense attorney Barry Roux on March 24. Pistorius talks to defense attorney Barry Roux on March 24.



Pistorius holds his head while members of his family talk behind him on Tuesday, March 18.Pistorius holds his head while members of his family talk behind him on Tuesday, March 18.



Steenkamp's mother, wearing the white collared shirt, looks on while a police officer takes notes in court March 18.Steenkamp's mother, wearing the white collared shirt, looks on while a police officer takes notes in court March 18.



Pistorius is hugged by his aunt Lois on March 18.Pistorius is hugged by his aunt Lois on March 18.



Pistorius takes notes Monday, March 17, as his murder trial enters its third week.Pistorius takes notes Monday, March 17, as his murder trial enters its third week.



Pistorius covers his head as he listens to forensic evidence Thursday, March 13.Pistorius covers his head as he listens to forensic evidence Thursday, March 13.



Forensic investigator Johannes Vermeulen, left, is questioned during the trial March 13.Forensic investigator Johannes Vermeulen, left, is questioned during the trial March 13.



Pistorius listens to questions during his trial on Wednesday, March 12.Pistorius listens to questions during his trial on Wednesday, March 12.



A police officer takes part in a court reconstruction March 12. A police forensic expert said Pistorius was on the stumps of his amputated legs when he knocked down a locked toilet door with a cricket bat to reach his shot girlfriend. That counters the track star's assertion he was wearing his prosthetic legs at the time. Defense attorney Barry Roux countered by suggesting that even with his prosthetic legs on, Pistorius would not be swinging a bat at the same height as an able-bodied person.A police officer takes part in a court reconstruction March 12. A police forensic expert said Pistorius was on the stumps of his amputated legs when he knocked down a locked toilet door with a cricket bat to reach his shot girlfriend. That counters the track star's assertion he was wearing his prosthetic legs at the time. Defense attorney Barry Roux countered by suggesting that even with his prosthetic legs on, Pistorius would not be swinging a bat at the same height as an able-bodied person.



Pistorius listens to cross-questioning on Monday, March 10.Pistorius listens to cross-questioning on Monday, March 10.



Friends of Steenkamp's family watch Pistorius during his trial on March 7.Friends of Steenkamp's family watch Pistorius during his trial on March 7.



Pistorius covers his ears on Thursday, March 6, as a witness speaks about the morning Steenkamp was killed.Pistorius covers his ears on Thursday, March 6, as a witness speaks about the morning Steenkamp was killed.



Pistorius' sister, Aimee, right, speaks with members of Steenkamp's family on March 6.Pistorius' sister, Aimee, right, speaks with members of Steenkamp's family on March 6.



Pistorius sits in court on the third day of his trial Wednesday, March 5.Pistorius sits in court on the third day of his trial Wednesday, March 5.



Pistorius appears on the second day of his trial Tuesday, March 4.Pistorius appears on the second day of his trial Tuesday, March 4.



Members of the media work during a break in proceedings March 4.Members of the media work during a break in proceedings March 4.



Pistorius talks with Roux inside the court on March 4.Pistorius talks with Roux inside the court on March 4.



Pistorius speaks with his legal representatives on March 4.Pistorius speaks with his legal representatives on March 4.



Pistorius is escorted out of the court Monday, March 3, after the first day of his murder trial.Pistorius is escorted out of the court Monday, March 3, after the first day of his murder trial.



People try to get a glimpse of Pistorius as he leaves the court building on March 3.People try to get a glimpse of Pistorius as he leaves the court building on March 3.



Pistorius is seen shortly after arriving for his trial on March 3.Pistorius is seen shortly after arriving for his trial on March 3.



Pistorius walks into the courtroom on March 3.Pistorius walks into the courtroom on March 3.



Pistorius takes a drink of water March 3 during his trial.Pistorius takes a drink of water March 3 during his trial.



The case has captivated South Africa. Here, Lauren Wentzel watches the proceedings from her home outside Cape Town on March 3.The case has captivated South Africa. Here, Lauren Wentzel watches the proceedings from her home outside Cape Town on March 3.



June Steenkamp arrives at the court building for the start of the trial.June Steenkamp arrives at the court building for the start of the trial.



Pistorius' relatives wait inside the courtroom on March 3.Pistorius' relatives wait inside the courtroom on March 3.



People at the court building wait for Pistorius' arrival on March 3.People at the court building wait for Pistorius' arrival on March 3.







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Photos: Oscar Pistorius trialPhotos: Oscar Pistorius trial



The athlete didn't attend the hearing, which began Tuesday, but his father, Henke, was present.


"I don't think we should have gone this far," he told reporters as he left the courtroom.


'This is what we wanted'


But prosecutors welcomed the decision.


"This is what we wanted," said Nathi Mncube, a spokesman for the National Prosecuting Authority. "The issues that we wanted clarified are issues of law and of course the judge agreed with our arguments."


The victim's mother, June Steenkamp, told CNN's Christiane Amanpour that she hopes the prospective appeal will be "a good thing."


"I just hope some truth comes out along the way," she said. " ... They seem to forget that somebody actually died, actually, until my niece spoke about her to the judge. And that's the truth. (Reeva Steenkamp) became invisible."


'Shockingly light'


In appeal documents filed previously, the prosecution called Pistorius' sentence "shockingly light" and inappropriate.


Prosecutors argued that Judge Thokozile Masipa misinterpreted a complex South African standard defining a technical form of intent that proved to be a central aspect of the case, according to CNN legal analyst Kelly Phelps.


As a result, prosecutors argued, Pistorius should not have been convicted on the culpable homicide charge chosen by the judge.


In explaining her sentence at the trial, Masipa had said that Pistorius did not intend to kill Steenkamp.


But critics of the verdict have argued that Masipa didn't correctly apply the intent standard, which is broader in South African law than what it typically means in casual conversation, Phelps said.


Appeal could take a year or more


The case now goes to the Supreme Court of Appeals in Bloemfontein, which will hear the appeal itself.


If that court finds Pistorius guilty of murder, the resulting sentence would be more severe. The minimum sentence for murder in South Africa is 15 years in prison.


It usually takes at least a year for an appeal to be heard, according to Mncube of the National Prosecuting Authority.


Pistorius, 28, made history when he became the first double amputee to compete in the able-bodied Olympics in 2012. He was born without the fibulae in his legs, which were amputated below the knee when he was 11 months old.


Asked what she'd think if Pistorius returned to competition, Reeva Steenkamp's mother told CNN, "To be honest with you, I don't care what he does."


"I've got no interest in him whatsoever," June Steenkamp said. "Nothing is going to change my life unless my daughter ... could come back by some magic."


CNN's Brent Swails reported from Johannesburg, and Jethro Mullen wrote from Hong Kong. CNN's Greg Botelho contributed to this report.



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