Oscar may face stiffer jail term

The NPA announced that it intended to appeal against Oscar Pistorius's conviction of culpable homicide following the death of Reeva Steenkamp last year, as well as his sentence.

The NPA announced that it intended to appeal against Oscar Pistorius's conviction of culpable homicide following the death of Reeva Steenkamp last year, as well as his sentence.

Published Oct 28, 2014

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Pretoria -

While still trying to come to terms with his first week in jail, Paralympian Oscar Pistorius now faces the possibility of a stiffer jail sentence.

Exactly a week after he was sentenced to a five-year jail term, of which he will have to serve a minimum of 10 months behind bars, the State has indicated it is not happy with the outcome of the trial.

The National Prosecuting Authority (NPA) announced on Monday that it intended to appeal against both the conviction of culpable homicide following the death of Reeva Steenkamp last year, as well as the sentence.

NPA spokesman Nathi Mncube said the prosecution team, advocates Gerrie Nel and Andrea Johnson, had been studying the judgment.

“They have been hard at work researching and also consulting with legal experts with the view of establishing whether or not there are sufficient grounds to appeal…” Mncube said.

The decision to appeal was taken on Monday and is based on a question in law – that the judge erred in concluding that Pistorius was guilty of culpable homicide and not murder.

“The merits and the demerits of the NPA’s argument in this regard will become evident when we file papers for leave to appeal.

“The prosecutors are now preparing the necessary papers to enable them to file within the next few days,” Mncube said.

Pistorius’s legal team could not be reached for comment, but it is expected that they will oppose the application for leave to appeal.

The Pistorius family did not have much to say about the State’s announcement.

“I have just spoken to Uncle Arnold (Pistorius) and his response is that the family take note of the announcement to appeal. He feels that the law should take its course,” family spokeswoman Anneliese Burgess said.

During pre-sentencing proceedings, Nel made it clear that he would not be happy with anything less than a hefty jail sentence.

He suggested 10 years in jail, arguing that a sentence that was shockingly inappropriate would send out the wrong message. “Society is looking at the court and asking ‘what will happen if I do that’,” he told Judge Thokozile Masipa.

The judge sentenced Pistorius in terms of an article in the Criminal Procedure Law which can see the athlete serving 10 months in jail, while having the rest of his sentence commuted to correctional supervision – mainly house arrest.

Johann Engelbrecht SC, one of the country’s top criminal advocates, is doubtful if the prosecution’s appeal would be successful.

“According to me, the judge did not err – both regarding conviction and sentence.”

Engelbrecht said the judge correctly arrived at her verdict by analysing all the evidence.

In his opinion she also meted out a fair sentence. “He is not a danger to society and should thus not serve a long jail sentence.”

Engelbrecht is of the opinion that the appeal, if granted by Judge Masipa, will be heard by the Supreme Court of Appeal in Bloemfontein, as it involves matters in law.

City lawyer Ferdinand Hartzenberg is also sceptical over whether the State will succeed on appeal.

“You have to look at the facts in this case. The facts led the judge to a culpable homicide conviction.

“I don’t think she erred in law in coming to this conclusion. There was a lot of character assassination in this case, which had nothing to do with the facts.”

He feels Pistorius received a just sentence. “There are many people convicted of culpable homicide, who do not spend a day in jail. Taking into account that Pistorius is a first offender, I don’t think his sentence is shockingly inappropriate.”

Lawyer Konrad Rontgen feels the State has a 50/50 chance of succeeding. “It is all about the interpretation of the evidence,” he said.

Whether the matter goes to Bloemfontein or before a full bench (three judges) in the local division, the matter will be decided on the record of the trial proceedings and on legal arguments. No witnesses will be called to give evidence and Pistorius will not be called back to the stand. He will probably not even attend the appeal, Rontgen said.

If the State’s appeal is successful, the appeal court can decide to dish out a harsher sentence.

But the first hurdle is to apply for leave to appeal, which Judge Masipa can refuse. The next step will be to petition the appeal court directly.

Pretoria News

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