Oscar Pistorius Trial UPDATE: South Africa’s NPA To Appeal Both Verdict And Sentence Given To The Athlete
By Staff Reporter | Oct 27, 2014 11:53 AM EDT
In an announcement made by the National Prosecuting Authority (NPA) of South Africa, the authorities said it will appeal both the verdict and sentence that was given to Oscar Pistorius. The authorities were also furious with Judge Masipa's verdict stating that it was an incorrect application of the law.
The authority said they will seek for an appeal to have Pistorius' culpable homicide verdict reversed and replaced with a second degree murder conviction that would come with a mandatory minimum 15-year jail term.
Last week, Pistorius started serving his five-year prison sentence for the culpable homicide verdict of Reeva Steenkamp, although he could be out in ten months and would complete his sentence under house arrest. BBC News reported that the Paralympic sprinter was cleared of murder. However, he was given a three-year suspended sentence for firing a gun in a restaurant.
Meanwhile, the NPA will submit papers to Judge Masipa in the next few days, asking for "leave to appeal" her verdict and sentence on Pistorius' case. According to The Independent UK, the judge must then decide whether it would be possible for another judge to reach a different conclusion, based on the evidence put before her.
"Today we announce that the decision to appeal both the conviction and sentence has been taken," the NPA said in a statement. "The appeal on conviction is based on the question of law. The merits, demerits of the NPA's argument in this regard will become evident when we file papers for leave to appeal."
NPA spokesperson Nathi Mncube also stated NPA's desire to appeal for Pistorius' verdict on social media.
"Oscar Pistorius judgment, NPA will be appealing both the conviction and sentence," Mncube posted on his Twitter account.
Last month, Pistorius was convicted of culpable homicide for shooting his 29-year-old law graduate and model girlfriend at his Pretoria residence. As reported by The Guardian, prosecutors failed to prove murder after the sprinter said he fired in the mistaken belief an intruder was hiding behind the door.
Judge Masipa's verdict earned criticisms from some legal experts who said she made a wrong interpretation of the legal concept of "dolus eventualis," also known as common-law murder, whereby a person is held accountable for the probable consequences of their actions.
Based on the South African law, a state appeal against a verdict can only be made on a matter of law and does not involve a retrial or submission of new evidence. And ever since the Pistorius' verdict was announced over a month ago, the NPA's has publicly expressed its desire for an appeal.
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