You remember Oscar Pistorius? The jailed South African athlete... Oscar Pistorius is to challenge an
attempt by the state to have him convicted of murder. Pistorius was
cleared of the charge last year, when he was found guilty of the
culpable homicide of his girlfriend Reeva Steenkamp on Valentine's Day
in 2013 and sentenced to five years in prison. In December, the judge in
the case (Thokozile Masipa) ruled that state prosecutors could appeal
against his acquittal of the murder charges. Pistorius' legal team are
expected to make their case against that decision next month
Judge Thokozile Masipa ruled in December that prosecutors could appeal against the acquittal.
She had sentenced Pistorius to five years in prison for the lesser charge of culpable homicide, or manslaughter.
Pistorius shot dead his girlfriend Reeva Steenkamp in February 2013.
He said he mistook her for a burglar, while prosecutors
argued that he shot her after a row at his upmarket home in the capital,
Pretoria.
The double amputee athlete was acquitted by Judge Masipa of
both premeditated murder and the lesser murder charge of dolus
eventualis, also known as common-law murder.
In South African law, this charge applies if the accused knew
they might kill someone but still went ahead with their course of
action.
Prosecutors argued that Judge Masipa misinterpreted the law when she
cleared Pistorius of murder on the basis that he did not intentionally
shoot Ms Steenkamp.
Giving them permission to appeal in December, she said: "I
cannot say... that the prospect of success at the Supreme Court of
Appeal is remote."
The BBC's Milton Nkosi in Johannesburg says that defence
lawyers are now challenging the judge's decision, and do not want the
culpable homicide verdict to be overturned.
On 13 March they will appear before Judge Masipa and intend
to cite previous cases to back their argument that the appeal should not
be allowed.
Pistorius was one of South Africa's most celebrated sportsmen until his arrest.
He made history by becoming the first amputee sprinter to compete at the Olympics in London in 2012.
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