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Prosecutors file appeal against Pistorius

August 17, 2015

Prosecutors have filed an appeal calling for Paralympian Oscar Pistorius to be convicted of murder for killing Reeva Steenkamp. Pistorius has finished serving 10 months in prison and is due to be released this week.

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Oscar Pistorius
Image: Reuters/Siphiwe Sibeko

South African state prosecutors filed an appeal on Monday against the verdict of culpable homicide handed down to Oscar Pistorius for killing his girlfriend, arguing the athlete should have been convicted of murder.

The Paralympic gold medalist had admitted to killing the 29-year-old model and law graduate, Reeva Steenkamp, on Valentine's Day 2013 by firing four shots into the locked door of the toilet at his private home. But he said he had acted under the mistaken belief that an intruder was hiding behind it at a time.

Culpable homicide

Following a lengthy trial, Judge Thokozile Masipa said during sentencing that the state had failed to prove Pistorius' intent to kill when he fired. Now prosecutors want the verdict of culpable homicide, which is equivalent to manslaughter, changed to murder. They argue that if Pistorius knew someone was behind the toilet door when he fired the shots, he had the intention to kill whoever may have been there.

"What I can assure you is that today the papers were filed in the Supreme Court of Appeal," said National Prosecuting Authority spokesman Luvuyo Mfaku.

Pistorius' legal team has until September 17 to file its response to the appeal, which the Supreme Court is expected to hear in November, Mfaku added.

Correctional supervision - house arrest

The 28-year-old athlete, who was born with fibular hemimelia, and had his lower legs amputated as a baby, is due to be released on Friday after serving 10 months of a five-year sentence, in line with South Africa's custodial guidelines for non-dangerous prisoners. The parole board agreed to place him under correctional supervision - a form of house arrest.

If the appeal court were to find him guilty of murder, the athlete - known as the "Blade Runner" for the prosthetic legs he wore during competitions - could face at least 15 years in jail.

ss/kms(Reuters, AFP)