PRETORIA: High Court Judge Thokozile Masipa had “undue sympathy” for Oscar Pistorius, which resulted in her handing down a six-year jail sentence.
The sentence, said prosecutor Gerrie Nel, was not only shockingly lenient but also “startlingly” and “disturbingly inappropriate”.
Nel listed over 30 points why he and his prosecution team believed the judge misdirected herself when she resentenced Pistorius more than two weeks ago for murder.
“The sentence of six years’ imprisonment does not adequately reflect the seriousness of the crime of murder and the natural indignation and outrage of the public.”
The application was yesterday served on Judge Masipa, who is now confronted with a second appeal since the start of the trial.
The office of the judge acknowledged that it had received the notice, but her registrar said the parties must still agree on a date when the application for leave to appeal would be heard.
While she this time has the option to turn down the application, it will be of little consequence as the prosecution will then directly petition the Supreme Court for leave to appeal. The State confirmed it would in any event ask that court to hear the appeal.
Lawyer Julian Knight said the State had a reasonable chance of scoring another victory.
“They have an arguable case. The sentence may not be lenient regarding the special circumstances of Pistorius, but a sentence for murder – even on the doctrine of dolus eventualis – normally carries a far harsher sentence than six years.” Veteran criminal advocate Johann Engelbrecht SC said the State was wasting its time.
“I said from the start eight years was a suitable sentence. There is not much difference between eight and six years, and no court will interfere with a sentence if it does not think the sentence is shockingly inappropriate.”