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Pistorius' lawyers challenge right to appeal

February 24, 2015

Paralympic champion Oscar Pistorius' lawyers have challenged the state's right to appeal after the athlete was charged with the negligent killing of his girlfriend. The application will be heard on March 13.

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South African Olympic and Paralympic sprinter Oscar Pistorius arrives the North Gauteng High Court in Pretoria October 17, 2014.
Image: Reuters/M. Hutchings

Oscar Pistorius' lawyers announced on Tuesday that they would challenge a court decision to allow state lawyers to appeal against the athlete's culpable homicide conviction.

Prosecutors wanted Pistorius to be convicted of the more serious crime of murder for shooting his girlfriend Reeva Steenkamp in 2013. They were granted permission last year to take the case to the Supreme Court.

Pistorius' legal team, however, said his conviction was based on facts presented during the trial and not on an interpretation of law, and, therefore, an appeal could not be made.

"We will argue that these are matters of fact, rather than matters of law," the double- amputee athlete's legal representatives said in a statement.

A hearing has been set for March 13.

The 28-year-old athlete, also known as "Blade runner" for his high-tech prosthetic legs, killed his girlfriend, Reeva Steenkamp, at his home in Pretoria on Valentine's Day (February 14), 2013.

State lawyers argued that the athlete deliberately killed 29-year-old Steenkamp, but Pistorius testified that he shot the model four times through a locked toilet door, believing she was an intruder.

Judge Thokozile Masipa, who heard the case, ruled that the prosecution failed to prove intent. She acquitted Pistorius of murder, but found him guilty of culpable homicide or manslaughter and sentenced him to five years in prison. She also allowed state lawyers to appeal against her verdict.

If the appeals court finds him guilty, Pistorius could face at least 15 years in prison. He is currently serving his term in a Pretoria prison's hospital ward.

mg/gsw (AFP, AP)