PRETORIA (Reuters) - South
African prosecutors on Wednesday won their bid to appeal the culpable
homicide verdict handed down to athlete Oscar Pistorius for killing his
girlfriend Reeva Steenkamp and will now seek a murder conviction.
The decision could leave Pistorius open to a prison sentence of at least 15 years if he is convicted of murder.
"I cannot say the prospect of success at the Supreme Court is remote," Judge Thokozile Masipa said in granting the appeal.
The
Olympic and Paralympic track star, aged 28, is currently serving prison
time after being convicted in October of culpable homicide after a
seven-month trial.
He has
admitted killing Steenkamp on Feb.14, 2013, by firing four shots into
the locked door of a toilet cubicle in what he said was the mistaken
belief an intruder was hiding behind it.
Masipa said during sentencing that the state failed to convince her of Pistorius' intent to kill when he fired.
But
state prosecutor Gerrie Nel said in his application to appeal that the
judgment was "shockingly inappropriate" and argued that even if
Pistorius did not know Steenkamp was behind the door when he fired, he
showed intent to kill whoever was there.
In granting the
application, Masipa said the prosecution's points were questions of law
and should therefore go to the Supreme Court of Appeal for
consideration.South Africa's National Prosecuting Authority (NPA) welcomed the decision.
"Our
argument was that he should have been convicted of murder. That is, of
course, what we would like to happen," NPA spokesman Nathi Mncube said.
The
NPA was criticized over the original conviction against Pistorius and
faced further disdain this week for bungling the murder case against
British national Shrien Dewani, who was cleared on Monday of conspiring
to kill his wife during their honeymoon in Cape Town.
The matter
that will be heard next year will evaluate if Masipa's ruling based on
the legal principle of 'dolus eventualis' was correctly applied and if
prosecutors succeed, they can demand a stiffer sentence.
Masipa's
original decision to rule out murder was criticized by several legal
experts and the Women's League of the ruling African National Congress
(ANC) as an erroneous interpretation of the law.
By
the time the appeal is heard before a panel of South Africa's most
senior judges, Pistorius, who did not attend the appeal process, could
be out of prison as his five-year sentence only requires that he serves
10 months behind bars and the balance under house arrest.
Pistorius,
whose lower legs were amputated as a baby, became one of the world's
most celebrated athletes after he became a Paralympic champion then took
part in the 2012 Olympics and other international events.
The
killing of Steenkamp, a 29-year-old model and law graduate, led to one
of the most sensational trials in South Africa's recent history and cost
him his reputation and his fortune.
(Reporting by Peroshni Govender, Editing by Angus MacSwan)
South Africa prosecutors will seek murder conviction against Pistorius |
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