Johannesburg - An application by Oscar Pistorius’s lawyers to be granted leave to review Judge Thokozile Masipa’s decision to allow the State to appeal the culpable homicide conviction has been dismissed in the South Gauteng High Court.
On Friday State advocate Gerrie Nel argued that the application should be struck off the roll as the defence wanted Judge Masipa to review the same ruling she made in December, granting the State leave to appeal the application of law in terms of the culpable homicide conviction she meted out on Pistorius.
But Pistorius's lawyer Advocate Barry Roux SC said it was not an application to appeal the leave to appeal that Judge Masipa granted the State, but merely leave to argue that Judge Masipa erred in granting the State leave to appeal.
Roux said the Superior Court Act gave him room to bring an application regarding Judge Masipa's decision.
“It is not an appeal...it's a substantive application. I'm surprised that the State keeps referring to the present application as leave to appeal (Judge Masipa granting the State leave to appeal the culpable homicide conviction). It's not that,” said Roux.
Judge Masipa then adjourned proceedings as she needed time to “think” about arguments presented to her before coming back a short while later with her decision.
The Star