It appears that Oscar Pistorius’s woes may not be over. Judge Thokozile Masipa has set the date on which the appeal in the case will be heard at the North Gauteng High Court in Pretoria. Judge Masipa has set Tuesday, the 18th of November as the date on which she will hear the National Prosecuting Authority’s grounds for seeking leave to appeal both sentencing and conviction.
According to the prosecution led by Gerrie Nel, Judge Thokozile Masipa erred in her judgement first of all as she did not consider the accused’s conduct, “which bordered on dolus eventualis when he fired not one but four shots into the toilet cubicle in which there was evidently no room to escape”, he also used deadly ammunition and that Oscar himself was a trained marksman in the use of a firearm. Nel argued in his appeal that another, more reasonable court, would come to a different conclusion about the verdict.
Another area of concern for the prosecution, Nel believes, is that Judge Masipa erred in her consideration of the athlete’s circumstances and situation over and above the “horrific manner in which Reeva Steenkamp was killed.” He further posits that he finds it odd that, in her consideration of circumstantial evidence, the Judge did not “discuss, accept or reject the circumstantial evidence rendering the version of the accused impossible”. Bull terrier Nel, as he is commonly known, is relentless in his attack on Masipa’s judgement, noting that despite the fact that Pistorius had “a plethora of defences”, the court seemed to have selected one defence for the accused instead of rejecting them all and found the accused as being untruthful. He also objected to the sentencing in which Judge Masipa sentenced Oscar to five years in prison. However, the paralympian may only serve 10 months in prison, then he could be considered to be released for correctional supervision.
The defence, on Friday confirmed that they would be defending the application for leave to appeal made by the prosecution. Pistorius’s lawyer, Brian Webber confirmed that his camp had already submitted their intention to oppose the application to appeal both conviction and sentence of his client. He added that what they had to do was to submit the grounds on which they wished to oppose the application that had been made.