Oscar Pistorius conviction appeal - as it happened

2015-11-03 08:17

Get all the highlights from the State's appeal against Oscar Pistorius's culpable homicide conviction. It wants it overturned in favour of a murder conviction.

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Last Updated at 08:23
03 Nov 13:49

In summary: The State argued on Tuesday morning that North Gauteng High Court Judge Thokozile Mapisa was wrong in her application of the legal principle of dolus eventualis (direct intent).

State prosecutor Gerrie Nel argued, and Judge Eric Leach seemed to agree when addressing defence lawyer Barry Roux, that Oscar Pistorius should have foreseen that firing four shots into a locked toilet door would likely result in the death of serious injury of the person behind it.

Roux argued that Pistorius shot out of fear and did so while under the impression that Reeva Steenkamp was in bed.

The matter of a re-trial was also brought up but the judges seemed to agree, much to Barry Roux's relief (and probably that of reporters!) that this would not be necessary.

Judgment in the matter was reserved and no date was stated as to when it would be announced.

03 Nov 13:34
Judge Lex Mpati in court on Tuesday. Photo by Siphiwe Sibeko, AFP.

03 Nov 13:25
June Steenkamp didn't speak to anyone, says Jenna Etheridge. She ignored reporters and walked past security check.

03 Nov 12:56
After proceedings were finished, Roux, whose microphone was still on, was heard saying "Ek gaan verloor. (I'm going to lose)". The full context of the statement is unclear though. He was possibly referring to losing a point and not the entire appeal.

03 Nov 12:48
Roux and Nel chatting, smiling now. No date has been given for when SCA judges will reveal judgment.

03 Nov 12:47
Judgement is reserved.

03 Nov 12:46
Nel: There was a factual finding made with the wrong application of the law.

03 Nov 12:45
Majiedt asks Nel if court needs to find a reason for why OP fired his gun. No, says Nel.

03 Nov 12:44
And Roux is done. Nel is back.

03 Nov 12:43
He believes the deceased is in the bedroom, he's scared, Roux, his voice rising, says of OP.

03 Nov 12:41
Something must have happened in that man's mind that caused him to fire and he explains that, emphasises Roux.

03 Nov 12:40
Roux urges judges to look at OP's state of mind.

03 Nov 12:39
It can't be that the court gives everyone with an anxiety disorder a license to kill, says Judge Baartmann. But Roux says that's not the issue here.

03 Nov 12:35
Judges are arguing  that there's no need for a re-trial. They can rule. 

03 Nov 12:33
Still they're discussing a possible re-trial. Journalists must be shaking with fear at the thought.

03 Nov 12:30
Roux and Majiedt differ on the interpretation of the law.

03 Nov 12:25

03 Nov 12:20
The matter of a retrial has been brought up. Roux reckons it's the best the State can hope for (as opposed to SCA judges overturning Masipa's culpable homicide conviction).

03 Nov 12:16
Roux asking: How are you going to avoid double jeopardy?

03 Nov 12:13
Roux says Masipa gave OP the "benefit of the doubt" even though she found him a poor witness, and "correctly analysed" the evidence.

03 Nov 12:11

03 Nov 12:11
I must look objectively at the facts, Masipa said to herself - Roux

03 Nov 12:10
Roux: For the appeal to be successful, we have to strike out factual findings of the court.

03 Nov 12:06

03 Nov 12:01
Judge Mpati: Did she (Judge Matsipa) ask the right questions?

03 Nov 11:58
Roux becoming more emphatic. "Four times she (Masipa) comes out with the finding that he genuinely believed that he was in danger."

03 Nov 11:56
Roux says the State's view does not make sense. Why would OP shoot someone in the toilet believing Reeva was in bedroom, he asks.

03 Nov 11:55

He believed his life was in danger - Roux

The fact he was wrong is something else, says a very animated Roux.

03 Nov 11:54

03 Nov 11:52

03 Nov 11:50
Roux suggesting Leach trying to interfere with Masipa's factual findings. No, Leach says, "I don't believe there are factual findings".

03 Nov 11:49
Leach: did he have a genuine belief that her was entitled to shoot through the door? Roux: yes.

03 Nov 11:45
Baartman now questioning Roux on Masipa’s application of the law/

03 Nov 11:43

Roux is getting increasingly animated. OP genuinely believe he fired the shots at the (perceived) intruder, the lawyer says.

03 Nov 11:41
The victim in eventualis is irrelevant, the issue is he intended to kill whoever was there - identity of victim regardless - Judge Leach

03 Nov 11:39
Roux argues that OP genuinely believed that his life was in danger. He says this context must be considered.

03 Nov 11:38
He believed he acted lawfully, Roux says of OP.

03 Nov 11:37
Roux, unusually, seems to be struggling to find words during exchange with Leach. He stutters and stammers as he tries to find right words.

03 Nov 11:37

We're talking about intent - Leach

When he fired the bullets, did he know someone was behind the door, judge asks.

Roux arguing that OP fired at the perceived danger.

03 Nov 11:33
Judge Leach is indicating OP that could be convicted of dolus eventualis (murder) even if he thought Reeva was in the bedroom.

03 Nov 11:32
Judge Leach having an exchange with Roux. Leach is arguing that it was a "mis-direction of law".

03 Nov 11:23

03 Nov 11:22
Proceedings have restarted. Roux is addressing the court.

03 Nov 11:07
From just before the break...

03 Nov 11:05

03 Nov 11:05
Court will now adjourn for 15 minutes.

03 Nov 11:03
It would be a miracle if person would survive shooting in that toilet, says Judge Leach.

03 Nov 11:01
Judge Leach argues that there's no place to hide in toilet, OP must have foreseen what would happen.

03 Nov 11:01
Majiedt: Mangena’s evidence showed that the deceased was standing upright behind the door and the accused fired at body.

03 Nov 10:59
Judge Majiedt is troubled by Roux not dealing with the exclusion of Officer Mangena’s (ballistics expert) evidence in the ruling.

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