Pretoria - 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, according to prosecutor Gerrie Nel, was not only shockingly lenient, but also “startlingly” and “disturbingly inappropriate”.
Nel listed more than 30 points why he and his prosecution team believed that the judge misdirected herself when she re-sentenced Pistorius for murder more than two weeks ago.
“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.
“It is shockingly lenient and has accordingly resulted in an injustice and has the potential to bring the administration of justice into disrepute,” Nel said in his application for leave to appeal.
The application was on Thursday served on Judge Masipa, who is now confronted with a second appeal since the start of the trial.
The Supreme Court of Appeal earlier overturned her culpable homicide conviction and replaced it with murder. The judge had to re-sentence the athlete accordingly.
The office of the judge acknowledged that it 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 that it would in any event ask that court to hear the appeal.
Legal experts said that the appeal court was expected to re-sentence Pistorius if it were to find that the judge was too lenient in meting out her sentence. They were, however, divided on his chances of receiving a heavier sentence.
Lawyer Julian Knight said the State did have 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.”
The news of a possible harsher sentence will be a blow for the Blade Runner, who is already serving his time at the hospital section of the Kgosi Mampuru II Correctional Centre in Pretoria.
Although he received six years, Knight said he stood a good chance to be out on parole after 18 months.
Veteran criminal advocate Johann Engelbrecht SC was of the opinion that the State was wasting its time.
Nel, however, was confident that he would score another victory as he set out his reasons for a harsher sentence in a 20-page application.