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Pistorius prosecutor seeks appeal over verdict

December 9, 2014

A South African prosecutor has argued against the verdict arrived at in the murder trial of Oscar Pistorius. He was found guilty of culpable homicide, rather than the murder of his girlfriend, Reeva Steenkamp.

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Oscar Pistorius 7. August
Image: Reuters

Prosecutor Gerrie Nel made his objection to the verdict Tuesday, saying that Judge Thokozile Masipa has made a mistake in her interpretation of the law.

In October, Masipa found Pistorius guilty of the lesser charge of culpable homicide - roughly a legal equivalent to manslaughter. She sentenced the Olympic and Paralympic runner to five years in prison. However, Pistorius could be released from prison and into house arrest after just 10 months.

Nel, who became noted for the confrontational style of his advocacy during the original case, addressed his appeal to Masipa herself.

"There is a very good prospect that we may convince an appeal court that the shortest possible incarceration in a case like this, my lady, is shockingly inappropriate," Nel said.

Pistorius, serving his sentence in a Pretoria jail, was not present for the hearing. The front rows of the public gallery, occupied by the family and friends of both Pistorius and Steenkamp during the original trial, were empty.

A decision by Masipa, who must assess whether a different judge could have issued another verdict based on the evidence presented, is set for Wednesday. South African judges usually allow appeals to go ahead.

Pistorius fatally shot Steenkamp in the bathroom, through a locked door, at his home in February 2013. He said he thought a dangerous intruder was in the house, while prosecutors alleged he killed his girlfriend after an argument.

If an appeal is granted, Pistorius - who was on bail for the trial and has spent 49 days in jail since his conviction - could be released, again on bail.

rc/mkg (AP, dpa, AFP)