Oscar plans to approach the Constitutional Court

Oscar Pistorius speaks to his lawyer Advocate Barry Roux in the High Court in Pretoria. (Karabo Ngoepe, News24)
Oscar Pistorius speaks to his lawyer Advocate Barry Roux in the High Court in Pretoria. (Karabo Ngoepe, News24)

Pretoria - Murder convicted former paralympian Oscar Pistorius intends to apply for leave to appeal to the Constitutional Court, the High Court in Pretoria heard on Tuesday morning.

Pistorius's lawyer Barry Roux told Deputy Judge President Aubrey Ledwaba that an application for leave to appeal would be brought to the Constitutional Court, and if that was unsuccessful he would return to the high court for sentencing.

Prosecutor Gerrie Nel said: "We acknowledge he has the right to bring that application... We're not convinced that the accused has made out a good case and that his application to the Constitutional Court will be successful."

Nel said the State would agree to a bail amount of R10 000.

"The accused does not have the means to pay a higher amount of bail," said Nel.

Pistorius, wearing a black suit, white shirt and black tie, sat quietly in the dock, following the proceedings.

Roux said he was not a flight risk and that he has agreed that house conditions for house arrest would be tightened. He would no longer be allowed to leave his uncle's home in the mornings and he has agreed to electronic monitoring.

"He's not a flight risk. He is a well-known person. He's got a disability...," said Roux.

Asked why the conditions for house arrest should be tightened, Roux told Ledwaba: "The State insisted on that. We weren't too keen... it was just to get some agreement."

Streets around court closed off

Local and international media had set up outside court from early morning and several streets around the court had been closed off ahead of the appearance.

When he entered the courtroom he hugged a member of the family's communication team. He then signed several documents, and had a few words with his advocate Barry Roux, where he smiled.

Pistorius will be re-sentenced after his culpable homicide conviction was overturned for a stronger conviction of murder by the Supreme Courts of Appeal (SCA) last week in Bloemfontein.

He faces a minimum of 15 years for the murder, unless he provides substantial and compelling reasons to the high court to deviate from that.

The SCA’s ruling came almost three years after Pistorius shot and killed Reeva Steenkamp, later stating he mistook her for an intruder. He fired four shots into the door of a toilet cubicle in his Pretoria home on Valentine’s Day in 2013.

He served one sixth of his five-year sentence in prison and was released in October to serve the remainder under correctional supervision.

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