AS IT HAPPENED: State can appeal Pistorius conviction
2014-12-10 08:55
Oscar Pistorius's father Henke has said "it shouldn't have gone this far" after Judge Thokozile Masipa granted the State leave to appeal the athlete's conviction.
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Prosecution says things take time at the Supreme Court of Appeal; Oscar Pistorius could even be out of prison by appeal time.
NPA - have to think about whether we still want to petition SCA in respect of sentence.
NPA doesn't consider this a win, it's about justice, they say.
NPA - We are now in the hands of the Supreme Court of Appeal in terms of a date for the appeal hearing.
We will consider the issue of refusal to appeal ammunition charge, says the NPA.
NPA - The issues we wanted clarified were questions of law and the judge agrees with us on that.
NPA spokesperson - we welcome the outcome. This is what we wanted.
"So if the Supreme Court of Appeal decides Oscar should be convicted of murder instead - the sentence WOULD change, right?" tweets lawyer David Dadic.
He responds: "Yes for sure - minimum sentence for murder is 15 years."
Masipa has also ordered the State to pay defence costs for the sentence appeal.
Masipa: Decided in favour of applicant on Count 1.
Masipa: I’m persuaded that the state’s questions are questions of law.
Are "questions of fact masquerading as questions of law?” asks Masipa. The answer will decide if OP's conviction stands.
Masipa: Main point argued by both state and defense is whether grounds of appeal are on questions of law or fact.
Masipa says she is not convinced that sentence is shockingly inappropriate and application on sentence can't succeed.
Masipa: In none of submissions by state did I understand there was a misdirection.
Masipa says she agrees that sentencing should do justice to community and family.
Masipa: It cannot be in dispute that the parents of the accused have expressed their satisfaction with the sentence.
Masipa: In terms of our Constitution, everyone is equal before the law.
Masipa - Public interest in a particular matter is irrelevant and cannot determine outcome of any matter before court.
Masipa: Before I proceed, it is necessary to deal with two issues raised by applicant.
Judge Masipa has entered. She begins. Goes through applications before her.
Oscar's father Henke is in court today.
Pistorius's lawyer Barry Roux is at court today, so Brian Webber will be standing in and representing the defence, tweets Eyewitness News reporter Mandy Wiener.
Barry Roux
SC for Pistorius on Tuesday told the court that the law had been
correctly applied in the conviction and sentencing of the athlete.
Prosecutor Gerrie Nel argued that the sentence imposed on Pistorius was "shockingly inappropriate".
Judge Thokozile Masipa is expected to give her ruling on the State's leave to appeal paralympian athlete Oscar Pistorius' sentence and conviction, in the High Court in Pretoria on Wednesday.
On Tuesday, Masipa thanked both counsel and postponed the case to Wednesday 9:30. "I want to think about it," she said.
