Oscar Pistorius’s application to contest the state’s appeal of his culpable homicide conviction been struck off the court role. Judge Thokozile Masipa dismissed the application saying she could not review her initial decision.
The athlete’s attorney had brought the application saying they wanted an opportunity to argue that the state’s appeal is arguing facts rather than principles of law.
Pistorius was convicted of culpable homicide and received a 5 year sentence after shooting his girlfriend on Valentines Day two years ago.
Pistorius shot and killed his girlfriend, Reeva Steenkamp at his Silver Woods Estate home east of Pretoria on Valentine’s Day two years ago, claiming he mistook her for an intruder.
He is now serving a five-year jail term.
Pistorius’s lawyers earlier told the High Court that they have no intention of stopping the state’s leave to appeal his culpable homicide conviction.
Application to enable them to argue contentions when the state brings the appeal at the Supreme Court of Appeal in Bloemfontein
According to defence attorney, Barry Roux, their application is to enable them to argue contentions when the state brings the appeal at the Supreme Court of Appeal in Bloemfontein.
Roux explained that they wanted an opportunity where they could argue the contentions that the appeal may be based on facts and not law.
Judge Thokozile Masipa granted the state leave to appeal the conviction based on legal principles – that another court may find that she may have applied an incorrect interpretation of the law when convicting Pistorius.
The State had earlier asked the court to struck the matter from the roll. State prosecutor Gerrie Nel said there are no provisions in criminal law to appeal against an appeal.
– By Noma Bolani
