Oscar Pistorius case reignites as judge rules prosecutors can appeal murder charge acquittal

Oscar Pistorius was acquitted for his murder charge in October and was sentenced to five years in prison for killing his girlfriend, Reeva Steenkamp.

15:40 10 December 2014

South African judge Thokozile Masipa has ruled that prosecutors can appeal against the murder charge acquittal of Oscar Pistorius but not the five-year sentence given for the lesser charge of culpable homicide.

The Blade Runner’s case will now be handled by the country’s Supreme Court of Appeal.
 
The prosecution argued that the judge has misinterpreted the law when she cleared Pistorius of murder on basis that he did not intentionally shoot his girlfriend, Reeva Steenkamp.

On Wednesday, Judge Masipa said: "I cannot say... that the prospect of success at the Supreme Court of Appeal is remote.”

"The application therefore in respect of count one is decided in favour of the applicant."

However, she refused to review the sentence following the prosecution’s argument that Ms Steenkamp’s parents had been extremely dissatisfied with it.

Outlining his case on Tuesday, prosecutor Gerrie Nel said the sentence was "shockingly inappropriate and does not fit the crime and the accused".

Unless convicted for murder, Pistorius could be eligible for parole and house arrest after serving 10 months in prison.