Former Paralympic gold medalist and convicted murderer Oscar Pistorius will remain behind bars after a parole board denied his early release on March 31.
The South African authorities revealed that he had not yet served enough time to qualify for early release. Oscar Pistorius, 36, is serving 13 years for the murder of his girlfriend, Reeva Steenkamp, in 2013.
The parole board met to hear evidence, including from Oscar Pistorius and Reeva Steenkamp’s mother.
However, instead of giving a decision afterwards, embarrassed officials admitted their timings had been wrong.
Earlier this week, they had received, but ignored, a letter from South Africa’s top appeals court, which explained that Oscar Pistorius needed to spend another year and a half in prison before he could be considered for parole.
Photo Getty Images
The hearing at Atteridgeville prison, a low-security facility in rolling fields just outside the city of Pretoria, should never have happened.
For weeks, officials had insisted the amputee former sprinter was eligible to apply for parole, having served half his sentence.
The confusion stems from the fact that Oscar Pistorius’s time in prison has been broken up by appeals and by a period of house arrest.
There is disagreement about where to draw the halfway line.
Oscar Pistorius’s family have expressed dismay and are seeking legal clarification.
It has been an emotional day for the Steenkamp family, who have welcomed the fact that Pistorius will not be yet be freed.
When June Steenkamp, Reeva’s mother, spoke to reporters before the hearing she said she opposed the release of her daughter’s killer: “I don’t believe Oscar is remorseful… or rehabilitated.”
The six-time Paralympic gold medallist has expressed his deep remorse for killing his girlfriend on Valentine’s Day in 2013, but continues to maintain he shot her by mistake, believing she was a robber.
Oscar Pistorius was initially found guilty of culpable homicide and given a six-year term. But prosecutors launched an appeal, arguing this was too lenient.
The sentence was increased to 13 years as he was then convicted of murder.
This verdict was based on the grounds that he must have known his actions – shooting three times through a locked bathroom door in his Pretoria home – would lead to the death of whoever was on the other side.
The televised trial of the man once dubbed “the Blade Runner”, because of the ground-breaking prosthetic legs he wore in both Paralympic and Olympic track races, attracted huge global attention.
According to the Department of Correctional Services in South Africa, Oscar Pistorius will be reconsidered for parole in August 2024.
Oscar Pistorius’ jail sentence for killing his girlfriend Reeva Stenkamp has been increased to 13 years and five months, a South African court has ruled on November 24.
According to prosecutors, the six-year term for murdering Reeva Steenkamp was “shockingly light”.
A spokesman for Reeva Steenkamp’s family said the ruling “verified there was justice”.
The Olympic athlete claimed he shot dead his girlfriend on Valentine’s Day in 2013 after mistaking her for a burglar.
The Supreme Court of Appeal in Bloemfontein has now given Oscar Pistorius the minimum 15 years prescribed for murder in South Africa, less time already served.
South Africa’s Constitutional Court has dismissed Oscar Pistorius’ appeal against his conviction for murdering his girlfriend Reeva Steenkamp.
Following this ruling, Oscar Pistorius will be sentenced in April.
Oscar Pistorius killed Reeva Steenkamp in February 2013 after firing four times through a locked toilet door.
A manslaughter verdict was overturned in December and a murder verdict introduced in its place.
Photo Getty Images
South Africa’s National Prosecuting Authority (NPA) said the Constitutional Court found “no prospect of success” in Oscar Pistorius’ appeal.
The case will now go back to Judge Thokozile Masipa – who cleared the athlete of murder in the original case – for sentencing on April 18.
Prosecutors are believed to be targeting a sentence of at least 15 years in jail for Oscar Pistorius.
The double-amputee athlete is currently under house arrest after spending one year of his original five-year sentence in jail.
In December, South Africa’s Supreme Court of Appeal ruled that the lower court under Judge Thokozile Masipa had not applied correctly the rule of dolus eventualis – whether Oscar Pistorius knew that a death would be a likely result of his actions.
Justice Eric Leach said that having armed himself with a high-caliber weapon, Oscar Pistorius must have foreseen that whoever was behind the door might die, especially given his firearms training.
Oscar Pistorius has always maintained he believed he was shooting at an intruder.
Oscar Pistorius on January 11 made a last-ditch attempt with South Africa’s top court to overturn his murder conviction for shooting dead his girlfriend Reeva Steenkamp.
The double-amputee athlete killed Reeva Steenkamp in February 2013 after firing four times through a locked toilet door.
A manslaughter verdict was overturned last month and a murder verdict introduced in its place.
Oscar Pistorius’ defense has lodged papers at the Constitutional Court, urging a review of his murder conviction.
The champion is currently under house arrest after spending one year of his original five-year sentence in jail.
South Africa’s Supreme Court of Appeal ruled in December that the lower court had not applied correctly the rule of dolus eventualis – whether Oscar Pistorius knew that a death would be a likely result of his actions.
Last month, Justice Eric Leach said that having armed himself with a high-caliber weapon, Oscar Pistorius must have foreseen that whoever was behind the door might die, especially given his firearms training.
Oscar Pistorius has always maintained he believed he was shooting at an intruder.
His lawyers say the appeals court made fundamental errors, claiming in appeal papers that the court “acted unlawfully and unconstitutionally when it rejected the factual finding of the Trial Court and replaced it with a contrary factual finding of its own”.
Oscar Pistorius’ lawyer, Andrew Fawcett, says the appeal is now in the hands of the director of public prosecutions, who must decide whether there are grounds for appeal.
If so, the case will go before the Constitutional Court.
Oscar Pistorius made history by becoming the first amputee sprinter to compete at the Olympics, in London in 2012. He competed in the 400m, wearing carbon-fiber blades to run against able-bodied athletes.
Oscar Pistorius has been granted bail while he awaits sentence for murdering his girlfriend Reeva Steenkamp in February 2013.
Judges changed the South African Olympic athlete’s conviction from manslaughter to murder last week. The double-amputee has already served one year in prison.
Oscar Pistorius, 29, now faces a minimum sentence of 15 years’ imprisonment – to be set after a hearing on April 18, 2016.
The Paralympic champion will also appeal against his murder conviction in the Constitutional Court, his lawyer has said.
Bail has been set at 10,000 rand ($700). Oscar Pistorius was deemed not to be a flight risk by Judge Audrey Ledwaba.
Photo Reuters
He can remain under house arrest at his uncle’s home until sentencing next year, and will be electronically tagged. He also has to hand over his passport.
Oscar Pistorius will be able to leave the house between 7AM and midday, but will only be able to move within a 12 miles radius.
He is currently under house arrest after spending one year of his original five-year sentence in jail.
In his bail affidavit, Oscar Pistorius said he had no income. During the hearing, his lawyer said he was only able to pay a sum of 10,000 rand for his bail.
Oscar Pistorius killed Reeva Steenkamp on Valentine’s Day after shooting four times through a locked toilet door.
Last week, South Africa’s Supreme Court of Appeal in Bloemfontein accepted prosecution arguments and ruled that the lower court did not correctly apply the concept of “dolus eventualis” – whether Oscar Pistorius knew that a death would be a likely result of his actions.
The verdict in Oscar Pistorius case has been changed to murder.
The Paralympic champion has been found guilty of murder after a South African appeals court overturned an earlier manslaughter verdict.
Oscar Pistorius, 28, killed his girlfriend Reeva Steenkamp in February 2013 after shooting her four times through a locked toilet door.
He is currently under house arrest after spending one year of his original five-year sentence in jail.
Photo AP
Oscar Pistorius will have to return to court to be re-sentenced, for murder.
South Africa’s Supreme Court of Appeal ruled that the lower court did not correctly apply the rule of dolus eventualis – whether Oscar Pistorius knew that a death would be a likely result of his actions.
The minimum sentence for murder is 15 years but judges can apply some discretion.
South African law does not make provision for someone to be placed under house arrest for more than five years, so Pistorius will be going back to prison.
Oscar Pistorius’ family gave a brief response, saying lawyers are studying the finding who will advise them on “options going forward”.
Reading the ruling reached by a panel of five judges, Justice Eric Leach said that having armed himself with a high-caliber weapon, Oscar Pistorius must have foreseen that whoever was behind the door might die.
“As a matter of common sense at the time the fatal shots were fired, the possibility of the death of the person behind the door was clearly an obvious result.
“And in firing not one but four shots, such a result became even more likely,” the judge said.
Oscar Pistorius always maintained that he believed there was an intruder in the house but the judge said that the identity of the person behind the door was “irrelevant to his guilt”.
Justice Eric Leach compared it to someone setting off a bomb in a public place not knowing who the victims might be.
The judge also rejected the argument that Oscar Pistorius had acted in self-defense.
Justice Eric Leach said that Oscar Pistorius’ life was not in danger at the time of the shooting, as the athelte did not know who was behind the door or if they posed a threat.
The judge added that Oscar Pistorius did “not take that most elementary precaution of firing a warning shot”.
The double amputee did not attend the hearing in Bloemfontein.
But Reeva Steenkamp’s mother, June, was present and afterwards she was seen outside the court being embraced by members of the African National Congress Women’s League, who were singing songs of celebration.
Many in South Africa were upset by the original acquittal on murder charges, with women’s rights groups arguing Oscar Pistorius should have been found guilty of murder as a deterrent because of the high number of women who are killed by their partners in the country.
The Paralympic champion was released from prison on October 19. Under South African law, he was eligible for release under “correctional supervision”, having served a sixth of his sentence.
Oscar Pistorius can challenge the ruling in the constitutional court but only if his lawyers can argue that his constitutional rights have been violated.
Oscar Pistorius has begun serving community service, a month after he was released from jail.
The South African Paralympian athlete was granted parole after serving one year of his five-year sentence for killing his 29-year-old girlfriend Reeva Steenkamp in 2013.
Oscar Pistorius, 28, must perform community service under the terms of his release.
In his first public appearance since then, the athlete reported to a police station in Pretoria on November 15 wearing sunglasses and carrying a backpack.
He is serving the rest of his sentence under house arrest at his uncle’s home in Pretoria.
Oscar Pistorius was found guilty of culpable homicide, or manslaughter, over the death of Reeva Steenkamp.
He told his trial last year that he had shot her through a bathroom door because he had mistaken her for an intruder.
The prosecution is appealing against the verdict, saying Oscar Pistorius should have been convicted of murder.
Oscar Pistorius house arrest conditions:
No access to firearms
No taking of drugs or alcohol, and can be randomly tested by officials
He must continue with psychotherapy sessions
No going out at night
He can work and will not be electronically tagged
His lawyers say track and field training is part of work, but this is still unclear
Prosecutors have started an appeal hearing on whether Oscar Pistorius should be convicted of murder instead of culpable homicide.
Oscar Pistorius, 28, was released from prison last month after serving one year of his five-year term for killing his girlfriend Reeva Steenkamp.
The Paralympic champion shot Reeva Steenkamp through a locked bathroom door in 2013 but insists he thought she was an intruder.
Oscar Pistorius could be sent back to jail if appeal judges overturn the original verdict.
He is currently under house arrest, and is not attending the hearing at South Africa’s Supreme Court of Appeal in Bloemfontein.
The proceedings are being broadcast live on TV.
State prosecutor Gerrie Nel has been outlining the state’s case for the verdict to be changed to murder from culpable homicide, or manslaughter.
The prosecution says that Judge Thokozile Masipa incorrectly applied the law of murder. It argues that Oscar Pistorius should have foreseen the result of his actions, namely that shooting four times through a closed bathroom door would result in a person’s death.
Oscar Pistorius said he believed there was an intruder in the house and thought Reeva Steenkamp was in the bedroom.
The prosecution will argue that who was behind the bathroom door is irrelevant, and Oscar Pistorius’ intent was to kill.
The final ruling will not be known for some weeks, reports say.
Oscar Pistorius was found guilty of the culpable homicide of his 29-year-old girlfriend at a trial in October 2014.
Reeva Steenkamp’s relatives have said they think Oscar Pistorius is “getting off lightly”.
The double amputee was released from prison on October 19. Under South African law, Oscar Pistorius was eligible for release under “correctional supervision”, having served a sixth of his sentence.
Oscar Pistorius’ family said he would “strictly” adhere to his parole conditions at his uncle’s upmarket home in Pretoria.
Oscar Pistorius has been released from jail and put under house arrest nearly one year after he was imprisoned for killing his girlfriend Reeva Steenkamp.
The Paralympic athlete is expected to spend the remainder of a five-year prison sentence at his uncle’s home in Pretoria.
Oscar Pistorius, 28, shot Reeva Steenkamp through a locked bathroom door but said he thought she was an intruder.
Reeva Steenkamp’s relatives say they think Oscar Pistorius is “getting off lightly”.
Oscar Pistorius was found guilty of culpable homicide, or manslaughter, in October 2014.
A case lodged by the prosecution appealing that decision is due to be heard by the Supreme Court of Appeal on November 4. State prosecutors say Oscar Pistorius should have instead been convicted of murder.
Oscar Pistorius was released on October 19, a day earlier than expected, according to a spokesman from the Kgosi Mampuru II prison, where he was being held.
“Oscar Pistorius was placed under correctional supervision tonight,” Manelisi Wolela confirmed in a statement.
“The handling of the actual placement is an operational matter of the local management, and how they handle it is their prerogative that is carried out in the best interest of all parties concerned, the victims, the offender and the Department of Correctional Services,” he added.
Oscar Pistorius was driven under cover of darkness to his uncle’s house 20 minutes away.
It is understood he will not be electronically tagged but he will have restrictions on his movement.
Oscar Pistorius’ parole conditions include gun ownership restrictions and continued psychotherapy sessions. The double-amputee is also expected to do a period of community service.
Under South African law, Oscar Pistorius was eligible for release under “correctional supervision” having served a sixth of his sentence.
Meanwhile, a close family friend of Oscar Pistorius said he was in poor physical shape, adding that his return to athletics would be unlikely.
If the prosecution is successful with its appeal in November, Oscar Pistorius could face a lengthy sentence back in prison.
Oscar Pistorius will be moved from jail to house arrest on October 20, a South African parole board says.
The Paralympic athlete, who is jailed for killing his girlfriend Reeva Steenkamp, was sentenced to five years in prison in 2014 after being found guilty of culpable homicide, or manslaughter.
Oscar Pistorius shot Reeva Steenkamp through a locked bathroom door but said he thought she was an intruder.
The prosecution has appealed, saying the double-amputee should instead be convicted of murder.
That case is expected to be heard on November 3.
Oscar Pistorius has spent 12 months in jail and will now spend the rest of his sentence under what is termed in South Africa “correctional supervision”, the parole board said.
Photo Getty Images
An earlier decision to release Oscar Pistorius in August was blocked by South Africa’s Justice Minister Michael Masutha, who said it had been made “prematurely”.
At the time, Reeva Steenkamp’s family had said that 10 months behind bars was “not enough”.
Responding to today’s decision, a lawyer speaking for the Steenkamp family said Reeva’s parents had expected the early release even though they opposed it, adding that nothing could bring back their daughter.
The Pistorius family has said they have received the news of his planned release, but are not making any further comment.
During his house arrest, Oscar Pistorius is likely to face restrictions in terms of gun ownership and may have to continue getting psychotherapy.
Oscar Pistorius, 28, shot to global fame after competing for South Africa at both the Olympics and Paralympics in London in 2012.
Two South African men who rent the house where athlete Oscar Pistorius shot dead his girlfriend Reeva Steenkamp have been filmed giving a “bizarre” tour around the property.
David Scott, 33, and Kagiso Mokoape, 23, leased the house in Pretoria after it was sold by Oscar Pistorius to cover his legal bills.
In the video, the two business partners promise to hosts parties there, saying: “Oscar built this house to entertain.”
David Scott also said they intended to decorate the house “in honor of what happened here.”
Oscar Pistorius family spokeswoman Anneliese Burgess described the footage as “bizarre” to the South African press.
Photo YouTube
David Scott and Kagiso Mokoape show the South African TV channel Netwerk24 around the house. A version of the video is still on the network’s English language website.
While apparently drinking a can of beer, David Scott told the channel: “This is definitely an entertainer’s house.”
During the video, Dvaid Scott opens the toilet door, through which Reeva Steenkamp was shot four times, to show where she died.
While in the bathroom, Kagiso Mokoape says: “I feel bad for Reeva’s parents”.
The bathroom has since been refurbished.
An online poll by the South African website IOL found that readers were closely split on whether it would be distasteful to hold a party at the house.
The South African parole board is due to decide later this week whether to release Oscar Pistorius to house arrest.
The Paralympic champion was convicted of manslaughter last year but cleared of murder.
The appeal against the double amputee’s acquittal on murder charges is to be heard next month.
Oscar Pistorius insists he mistook Reeva Steenkamp for an intruder.
Oscar Pistorius has been ordered to undergo psychotherapy by a judge-led panel which upheld a decision taken in August to block his release from prison.
The treatment should focus on the factors leading to the crime that he committed, an official statement said.
The convicted South African athlete shot dead his girlfriend Reeva Steenkamp at his home in 2013, saying he mistook her for a burglar.
Oscar Pistorius, now 28, was convicted of culpable homicide, or manslaughter, in 2014.
The double amputee had hoped to be released in August after a parole board ruled that he could serve the rest of his five-year prison sentence under house arrest.
However, South Africa’s Justice Minister Michael Masutha prevented the release, saying the decision had been taken prematurely.
At the time of his intervention, Oscar Pistorius had been granted parole only six months into his five-year sentence.
Michael Masutha argued that the law states that an offender can only be considered for parole after serving one-sixth of his sentence, in this case 10 months.
On October 5, a panel, led by Judge Lucy Mailula, ruled that Michael Masutha had acted correctly.
It said the parole board should again consider Ocar Pistorius’ request to be placed under house arrest, or correctional supervision.
The panel ruled that psychotherapy should be given “even if the offender is, indeed placed under correctional supervision”, the prisons department said in a statement.
Oscar Pistorius should “be subjected to psychotherapy in order to address criminogenic factors of the crime he committed,” it said.
It also ruled that the parole board should consider imposing conditions restricting the use of firearms by the offender, the statement added.
Reeva Steenkamp was killed after he fired multiple shots though a locked door on Valentine’s Day 2013.
High Court Judge Thokozile Masipa acquitted Oscar Pistorius of murder in 2014, saying there was insufficient proof to convict him.
The prosecution has appealed against the acquittal and the case will be heard next month by some of South Africa’s most senior judges.
Oscar Pistorius, who was born without the fibulas in both of his legs, and had surgery to amputate both below the knee while still a baby, went on to become one of South Africa’s best-known sports stars, and was the first amputee to compete against able-bodied athletes at the 2012 London Olympics.
A South-African parole board review panel which will decide whether to free Paralympic champion Oscar Pistorius from jail has started meeting on September 18.
South Africa’s justice minister blocked Oscar Pistorius’ early release in August in a surprise move.
It is not clear when the panel will rule whether the initial decision to free him early was correct.
Oscar Pistorius, 28, has served 11 months of his 5-year sentence for killing his girlfriend Reeva Steenkamp on Valentine’s Day 2013.
The review board, which is meeting in the eastern port city of Durban, comprises a panel of legal experts chaired by a judge.
Journalists from local media have gathered outside the Kgosi Mampuru II prison in Pretoria, where Oscar Pistorius is being held, in anticipation of a potential decision on September 19.
Under South African law, Oscar Pistorius is eligible for release under house arrest, having served a sixth of his sentence.
A court convicted the double-amputee athlete of culpable homicide, or manslaughter, over the killing of Reeva Steenkamp.
Oscar Pistorius shot Reeva Steenkamp through a locked bathroom door at his home in South Africa’s capital, Pretoria, believing she was an intruder, he told his trial.
The prosecution has appealed against the ruling, saying Oscar Pistorius should instead be convicted of murder.
Oscar Pistorius’ early release from prison has been suspended by South Africa’s justice ministry on August 19.
The ministry said the decision to free the Paralympic champion after serving 10 months of his 5-year sentence “was taken prematurely” and with “no legal basis”.
The decision has now been sent back to the parole board for review.
Oscar Pistorius, 28, was convicted of manslaughter last year for shooting dead his girlfriend Reeva Steenkamp in February 2013.
The athlete says he mistook his girlfriend for an intruder.
It is not clear whether the decision on Oscar Pistorius’ early release could be reinstated before August 19, should the parole board meet to review its decision.
Under South African law, the double-amputee athlete is eligible for release under “correctional supervision”, having served a sixth of his sentence.
However, it is the timing of the decision which the justice ministry criticized in a statement: “One sixth of a five year sentence is 10 months and at the time the decision was made Mr. Pistorius had served only over six months of his sentence.”
The justice ministry clarified that it only has the power to overturn decisions made by the parole review board in cases where the convict is serving a life sentence.
Oscar Pistorius was jailed for five years for the culpable homicide of Reeva Steenkamp, a charge equivalent to manslaughter.
On August 19 would have been Reeva Steenkamp’s 32nd birthday. Her parents held a small ceremony for her close friends and supporters in her hometown of Port Elizabeth, throwing roses into the sea in her memory.
The intervention by Justice Minister Michael Masutha follows a petition from the Progressive Women’s Movement of South Africa, which described Oscar Pistorius’ early release as “outrageous” and “an insult” to victims of abuse.
Reeva Steenkamp’s parents have said that the time Oscar Pistorius has served is “not enough for taking a life”.
This week, prosecutors in South Africa filed papers calling for the athlete’s conviction to be reviewed and converted to murder, which carries a minimum sentence of 15 years. His defense team now has a month to file its response.
After his release from prison, Oscar Pistorius would serve the rest of his term under house arrest.
Days before Oscar Pistorius is due to be released on probation, South African prosecutors have filed papers calling for the paralympic champion to be convicted of murder.
Oscar Pistorius, 28, has spent 10 months in jail for shooting dead his girlfriend Reeva Steenkamp on February 14, 2013, after his conviction for manslaughter last year.
The double-amputee athlete insists he mistook Reeva Steenkamp for an intruder.
State prosecutors want Oscar Pistorius’ conviction to be reviewed and converted to murder, with a minimum sentence of 15 years.
Oscar Pistorius was jailed for five years in 2014 for the culpable homicide of Reeva Steenkamp, a charge equivalent to manslaughter.
Under South African law, Oscar Pistorius is eligible for release under “correctional supervision”, having served a sixth of his sentence.
After being freed, the athlete would serve the rest of his term under house arrest.
During sentencing, Judge Thokozile Masipa said the state had failed to prove Oscar Pistorius’ intent to kill when he fired.
The athlete’s defense team now has a month to file its response.
Reeva Steenkamp’s parents have said that the time he has served is “not enough for taking a life”.
Oscar Pistorius shot and killed Reeva Steenkamp through a locked bathroom door at his Pretoria home, believing she was an intruder, he told his trial.
In March a Johannesburg court blocked Oscar Pistorius’ legal team’s attempts to stop the prosecutors’ appeal.
Oscar Pistorius’ defense team has failed to block an appeal by prosecutors against his acquittal on murder charges.
The South African Paralympian was cleared of murder in 2014 but was sentenced to 5 years in jail for the lesser charge of culpable homicide.
Prosecutors are seeking a murder conviction after Oscar Pistorius shot dead his girlfriend Reeva Steenkamp in 2013.
On March 13, the Johannesburg High Court rejected the application by Oscar Pistorius’ defense team to stop the prosecutors’ appeal.
After a short hearing, Judge Thokozile Masipa said procedure did not allow her to grant or refuse the application.
“In my view, to entertain this application will be tantamount to reviewing my own decision,” she said.
“For one thing there is really nothing new in the submissions by counsel for the applicant.”
Photo Getty Images
The double amputee athlete was acquitted by Judge Thokozile Masipa of both premeditated murder and the lesser murder charge of dolus eventualis, also known as common-law murder in September last year.
In South African law, this charge applies if the accused knew they might kill someone but still went ahead with their course of action.
Oscar Pistorius says he shot Reeva Steenkamp accidentally, after mistaking her for a burglar.
Prosecutors are pushing for the appeal because they believe that a full bench of judges in the Supreme Court of Appeal will agree with them that Judge Thokozile Masipa misinterpreted the principles of dolus eventualis and will both convict him of murder and impose a longer sentence.
Oscar Pistorius’ lawyers have launched a legal bid to prevent prosecutors from appealing against his acquittal on murder charges.
Judge Thokozile Masipa ruled in December that prosecutors could appeal against the acquittal.
She had sentenced the South African athlete to five years in prison for the lesser charge of culpable homicide, or manslaughter.
Oscar 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 Thokozile 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 Thokozile Masipa misinterpreted the law when she cleared Pistorius of murder on the basis that he did not intentionally shoot Reeva Steenkamp.
Giving them permission to appeal in December, the judge said: “I cannot say… that the prospect of success at the Supreme Court of Appeal is remote.”
On March 13, Oscar Pistorius’ lawyers will appear before Judge Thokozile Masipa and intend to cite previous cases to back their argument that the appeal should not be allowed.
South African Judge Thokozile Masipa has ruled that prosecutors can appeal against the “culpable homicide” conviction of double amputee athlete Oscar Pistorius.
Oscar Pistorius, 27, was jailed for five years in October for shooting dead his girlfriend, Reeva Steenkamp, at his home on Valentine’s Day 2013.
Judge Thokozile Masipa said prosecutors could not challenge the length of the sentence given to Oscar Pistorius.
Oscar Pistorius’s lawyers had opposed the appeal request.
Prosecutors are seeking a murder conviction and the case will now go before South Africa’s Supreme Court of Appeal.
They have argued that Judge Thokozile Masipa misinterpreted the law when she ruled that Oscar Pistorius did not intentionally shoot Reeva Steenkamp.
Judge Thokozile Masipa Masipa announced the ruling in a Pretoria court on December 10.
“I cannot say… that the prospect of success at the Supreme Court of Appeal is remote,” she said.
“The application therefore in respect of count one is decided in favor of the applicant.
“The application for leave to appeal against the sentence is dismissed.”
Oscar Pistorius had been charged by the prosecution with the premeditated murder of Reeva Steenkamp, a model and law graduate.
He was also acquitted of the lesser murder charge of dolus eventualis – also known as common-law murder – by Judge Thokozile Masipa, who ruled that he did not intend to kill.
The prosecution had called for the maximum 15-year sentence for culpable homicide, or manslaughter.
Reeva Steenkamp was shot dead at Oscar Pistorius’ home in Pretoria in the early hours of Valentine’s Day last year. He said he feared there was an intruder.
Oscar Pistorius is serving the sentence in the hospital wing of Pretoria’s Kgosi Mampuru II prison.
Correspondents say the appeal is likely to take place in 2015.
Judge Thokozile Masipa has delayed to December 10 her ruling on whether prosecutors can appeal against what they call the “shockingly light” sentence passed on South African Paralympic champion Oscar Pistorius.
Oscar Pistorius, 27, was jailed for five years in October for the culpable homicide of his girlfriend Reeva Steenkamp, whom he killed on Valentine’s Day 2013.
Prosecutors also want to challenge Oscar Pistorius’ acquittal on murder charges.
His lawyers opposed the appeal request and said the sentence was not lenient.
The double-amputee sprinter had been charged by the prosecution with the premeditated murder of Reeva Steenkamp, a model and law graduate.
Oscar Pistorius was also acquitted of the lesser murder charge of dolus eventualis by High Court Judge Thokozile Masipa.
In South African law, this charge – also known as common-law murder – applies if the accused knew they might kill someone but still went ahead with their course of action.
Judge Thokozile Masipa said she would rule on December 10 whether the prosecution’s appeal could go ahead.
Oscar Pistorius was not in court on December 9 when prosecutor Gerrie Nel outlined his case.
The prosecutor told Judge Masipa she had misinterpreted the law when she acquitted Oscar Pistorius of murder, and sentenced him to five years in prison.
“The precedent set by this court is shockingly low,” Gerrie Nel said.
However, Oscar Pistorius’ legal team argued that the prosecution’s case was flawed and the judge had correctly applied the law.
“It’s incorrect to say it’s a light sentence. It’s not,” defense lawyer Barry Roux said.
Addressing the judge, he added: “Their problem is they don’t like your factual finding. They don’t appreciate that. You absolutely, correctly applied the law.”
Correspondents say it is common in South Africa for the same judge to hear an appeal against their own verdicts.
Judges often grant the request because they are confident they applied the law correctly and their judgement will stand up to scrutiny.
South African criminal lawyer Martin Hood told AFP news agency that he expected Judge Thokozile Masipa to agree to the prosecution’s request because there was “just too much controversy about the judgement”.
In papers filed with the court in November, Gerrie Nel said the judge had “erred in over-emphasizing the personal circumstances of the accused”.
The judge, Gerrie Nel said, had failed to sufficiently consider that Oscar Pistorius had fired four shots “through a locked door into a small toilet cubicle from which there was no room to escape”.
The prosecution had called for the maximum 15-year sentence for culpable homicide, or manslaughter.
Oscar Pistorius is serving the sentence in the hospital wing of Pretoria’s Kgosi Mampuru II prison. He can apply to serve the rest of his sentence under house arrest after 10 months.
Prosecutors are going to appeal against the conviction and sentence given to South African athlete Oscar Pistorius for killing his girlfriend Reeva Steenkamp.
Last week, Oscar Pistorius, 27, began serving a five year prison sentence for the culpable homicide of Reeva Steenkamp, although he could be out in 10 months.
The double-amputee Olympic sprinter was cleared of murder.
“The appeal on conviction is based on the question of law,” the national prosecuting spokesman said.
Oscar Pistorius’ family said that he will not appeal.
The athlete was also given a three-year suspended sentence for firing a gun in a restaurant.
Prosecutors are going to appeal against the conviction and sentence given to Oscar Pistorius for killing Reeva Steenkamp
“The prosecutors are now preparing the necessary papers in order to be able to file within the next few days,” Nathi Mncube from the National Prosecuting Authority said in a statement.
Oscar Pistorius was charged by the prosecution with the pre-meditated murder of Reeva Steenkamp, a model and law graduate.
He was acquitted of this and the lesser murder charge of dolus eventualis.
In South African law, this charge – also known as common-law murder – applies if the accused knew they might kill someone but still went ahead with their course of action.
The judge’s critics have argued that dolus eventualis includes the possibility of meaning to kill one person and ending up killing another.
Oscar Pistorius says he shot dead Reeva Steenkamp in the early hours of Valentine’s Day last year by mistake, fearing there was an intruder in the house.
In a recent interview, Reeva Steenkamp’s mother has said that it was bad luck her daughter met Oscar Pistorius as the “volatile” athlete “would have killed someone sooner or later”.
Speaking to The Times, June Steenkamp calls Oscar Pistorius “pathetic”, “moody”, “gun-toting” and “possessive”.
June Steenkamp rejects both Oscar Pistorius’ apology and his version of events, but admits: “He’s the only one who knows the truth.”
Oscar Pistorius, 27, is serving five years for the culpable homicide of girlfriend Reeva Steenkamp. He could be out in 10 months.
The Paralympic champion was cleared of murder.
June Steenkamp, 68, told The Times, which is serializing her book, Reeva: A Mother’s Story, which is to be published on November 6, that Reeva had told her the couple had not yet entered a s**ual relationship and had “nagging doubts about their compatibility”.
She says: “She had confided to me that she hadn’t slept with him. They’d shared a bed, but she was scared to take the relationship to that level.
“She wouldn’t want to sleep with Oscar if she wasn’t sure. I believe their relationship was coming to an end. In her heart of hearts, she didn’t think it was making either of them happy.”
June Steenkamp rejects both Oscar Pistorius’ apology and his version of events
June Steenkamp, who was not called to testify at the trial, says this may have played a part in what happened on the night of the shooting, Valentine’s Day last year.
She rejects his version of events, that there was no row and that he had thought there was an intruder in the toilet cubicle when he fired four shots through the door “without thinking”.
“There is no doubt in our minds that something went horribly wrong, something upset her so terribly that she hid behind a locked door with two mobile phones,” June Steenkamp writes.
Other words she uses to describe Oscar Pistorius are “arrogant”, “moody”, “combustible”, “trigger-happy”, “vague”, “evasive” and “shifty”.
She believes Reeva, 29, was about to leave Oscar Pistorius, 27.
She says: “Her clothes were packed. There is no doubt in our minds: she had decided to leave Oscar that night.”
In the excerpt of the book serialized in the paper, June Steenkamp refers to Oscar Pistorius’ apology to them in court.
“Why decide to say sorry to me in a televised trial in front of the whole world? I was unmoved by his apology.
“I felt if I appeared to be sorry for him at this stage of his trial on the charge of premeditated murder, it would in the eyes of others lessen the awfulness of what he had done. He was in the box trying to save his own skin.”
Nevertheless, the parents say they do want to meet Oscar Pistorius.
Although she says: “I am not entirely sure what I am going to say”, father Barry, 71, says he wants an apology.
“I would like him to really, truthfully say, although he said it in court, <<I’m sorry>>. I would like him just to say it to our faces.”
June Steenkamp also talks about the “wrenching pain that you get in your heart” when thinking of her daughter’s death.
“It’s always there. The minute your eyes open in the morning, or if you wake up in the middle of the night, there it is.”
Oscar Pistorius, an amputee sprinter, became the first athlete to compete in the Olympic and Paralympic Games.
He is serving his sentence in Pretoria’s Kgosi Mampuru II jail.
Oscar Pistorius was also given a three-year suspended sentence for firing a gun in a restaurant.
Oscar Pistorius has begun jail sentence for killing his girlfriend Reeva Steenkamp.
The South African Paralympic champion was driven to Pretoria’s Kgosi Mampuru prison where he is expected to be housed in the hospital wing.
Judge Thokozile Masipa gave Oscar Pistorius a five-year jail sentence for culpable homicide, but cleared him of murder.
Oscar Pistorius’ defense said it expected him to serve about 10 months, with the remainder under house arrest. His family say he will not appeal.
Reeva Steenkamp’s parents said they were happy with the sentence and relieved the case was over.
Prosecutors had called for a minimum 10-year term, and the defense had argued for community service and house arrest.
Oscar Pistorius, 27, an amputee sprinter who became the first athlete to compete in the Olympic and Paralympic Games, killed Reeva Steenkamp on Valentine’s Day in 2013.
Oscar Pistorius has begun jail sentence for killing his girlfriend Reeva Steenkamp
He says he shot Reeva Steenkamp by mistake, fearing there was an intruder in his house in Pretoria.
Reeva Steenkamp, a 29-year-old model, reality TV star and law graduate, was hit three times by bullets fired by Oscar Pistorius through a toilet door.
Oscar Pistorius showed little reaction to the sentence other than to wipe his eyes before being led away to a holding cell downstairs.
He was then driven away from court in an armored police van to Pretoria’s Kgosi Mampuru prison, where he was expected to undergo a medical assessment.
It is likely that he will be held in a one-man cell in the hospital wing, thought to be most appropriate for the athlete’s disability.
Correctional services spokesman Manelisi Wolela told AFP news agency Oscar Pistorius was “already accommodated at Kgosi Mampuru”.
He could be released after serving a sixth of his sentence, or 10 months, for good behavior.
However, Dup De Bruyn, a lawyer for the Steenkamp family, told Reuters that he believed Oscar Pistorius would probably serve two years.
Oscar Pistorius’s uncle, Arnold, said the family would not appeal against the sentence.
“We accept the judgment. Oscar will embrace the opportunity to pay back to society,” he said.
He appealed to the media to “accept the ruling of court and let us move forward in this process and give us some degree of dignity and privacy”.
Judge Thokozile Masipa said she considered her sentence “fair and just, both to society and to the accused”.
She said: “A non-custodial sentence would send the wrong message to the community. On the other hand, a long sentence would also not be appropriate either, as it would lack the element of mercy.”
The judge said Oscar Pistorius had made an “enormous contribution to society”, in his charity work and in changing the public perception of disability.
But she added: “It would be a sad day for this country if an impression were to be created that there was one law for the poor and disadvantaged, and another for the rich and famous.”
Judge Thokozile Masipa also gave Oscar Pistorius a three-year suspended sentence for a separate incident – firing a gun in a restaurant.
The prosecution service said it would consider an appeal but expressed satisfaction that Oscar Pistorius had been given jail time.
However, the Women’s League of South Africa’s ruling African National Congress said it did plan to appeal.
“We’re doing this not only for Reeva but for the millions of South African women who are killed at the hands of their partners, people who are supposed to protect them,” said spokeswoman Khsuela Sangoni.
“A five-year sentence like this sends a message to society that it is fine to commit such heinous crimes as femicide, and you will be able to get away with a slap on the wrist.”
Oscar Pistorius has been sentenced to five years in jail for killing his girlfriend Reeva Steenkamp.
Judge Thokozile Masipa, issuing the ruling in court in Pretoria, also gave Oscar Pistorius a three-year suspended sentence for a firearms charge.
The prosecution had called for a minimum 10-year sentence; the defense for community service and house arrest.
Oscar Pistorius, 27, was convicted of culpable homicide but cleared of murder.
Judge Thokozile Masipa said: “Sentencing is about achieving the right balance. Sentencing is not a perfect exercise.”
She said there must be a balance between retribution, deterrence and rehabilitation.
The judge began summarizing the evidence brought before the trial.
Oscar Pistorius has been sentenced to five years in jail for killing his girlfriend Reeva Steenkamp (photo AP)
She described the evidence of defense witness and social worker Annette Vergeer as “slapdash and disappointing”.
Annette Vergeer had argued Oscar Pistorius would be “a lot more vulnerable than the normal man” in jail.
Judge Thokozile Masipa said she was sure prisons were equipped to cater for the requirements of a special needs inmate.
She also said she had a “feeling of unease” at what she called an overemphasis on the athlete’s vulnerability.
However, she said Oscar Pistorius had made an “enormous contribution to society”, in his charity work and in changing the public perception of disability.
The judge then read out a quote from previous legal opinion, saying that if sentences were too lenient, the administration of justice may fall into disrepute.
She said she found the suggestions of sentences made by defense witnesses “not appropriate”.
Oscar Pistorius, an amputee sprinter who became the first athlete to compete in the Olympic and Paralympic Games, killed Reeva Steenkamp on Valentine’s Day last year.
Oscar Pistorius offered a lump sum of $34,000 to the parents of girlfriend Reeva Steenkamp after he killed her, a South African court has heard.
However, Reeva Steenkamp’s family rejected the sum as “blood money”, prosecutor Gerrie Nel revealed during his sentencing hearing.
Earlier, a defense witness told the court that Oscar Pistorius, 27, would be physically at risk if sent to prison.
The Paralympic champion has been found guilty of culpable homicide, but cleared of murder.
The defense is trying to show that prison would be an inappropriate punishment.
Oscar Pistorius’ offer of a lump sum of 375,000 rand to the Steenkamp family emerged on the second day of his sentencing hearing, during the cross-examination of defense witness Annette Vergeer.
Oscar Pistorius offered a lump sum of $34,000 to the parents of Reeva Steenkamp after he killed her
Gerrie Nel told Annette Vergeer that Oscar Pistorius raised the funds from selling his car.
The prosecutor added that Reeva Steenkamp’s mother, June, had rejected the offer.
“She does not want blood money,” he said.
Gerrie Nel also highlighted separate monthly payments of 6,000 rand ($540) made by Oscar Pistorius to the Steenkamps – who were short of money after their daughter’s death.
The prosecutor said these funds – mentioned in Annette Vergeer’s report – would be “paid back to the accused in full – every cent”.
The Steenkamps’ lawyer, Dup De Bruyn, explained that the couple were now “reasonably comfortable” after he had negotiated a series of media deals concerning their daughter’s death.
The Pistorius family later accused Gerrie Nel of giving a distorted picture in court of the financial agreement with the Steenkamps, and said they would provide a full statement on Wednesday, October 15.
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