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Oscar Pistorius case: South Africa prosecutors to appeal | Oscar Pistorius case: South Africa prosecutors to appeal |
(35 minutes later) | |
South African prosecutors say they are going to appeal against the conviction and sentence given to athlete Oscar Pistorius for killing his girlfriend. | South African prosecutors say they are going to appeal against the conviction and sentence given to athlete Oscar Pistorius for killing his girlfriend. |
Last week, Pistorius began serving a five year prison sentence for the culpable homicide of Reeva Steenkamp, although he could be out in 10 months. | Last week, Pistorius 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 double-amputee Olympic sprinter was cleared of murder. |
"The appeal on conviction is based on the question of law," the national prosecuting spokesman said. | "The appeal on conviction is based on the question of law," the national prosecuting spokesman said. |
Pistorius' family have said that he will not appeal. | Pistorius' family have said that he will not appeal. |
The athlete was also given a three-year suspended sentence for firing a gun in a restaurant. | The athlete was also given a three-year suspended sentence for firing a gun in a restaurant. |
"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. | "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. |
'Gun-toting and possessive' | |
Pistorius was charged by the prosecution with the pre-meditated murder of Ms Steenkamp, a model and law graduate. | Pistorius was charged by the prosecution with the pre-meditated murder of Ms Steenkamp, a model and law graduate. |
He was acquitted of this and the lesser murder charge of dolus eventualis. | 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. | 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 BBC's Pumza Fihlani, who followed the athlete's trial, says the prosecution's grounds for appeal may lie with how the judge interpreted dolus eventualis. | The BBC's Pumza Fihlani, who followed the athlete's trial, says the prosecution's grounds for appeal may lie with how the judge interpreted dolus eventualis. |
The judge's critics have argued that dolus eventualis includes the possibility of meaning to kill one person and ending up killing another, our correspondent says. | The judge's critics have argued that dolus eventualis includes the possibility of meaning to kill one person and ending up killing another, our correspondent says. |
Pistorius says he shot dead Ms Steenkamp in the early hours of Valentine's Day last year by mistake, fearing there was an intruder in the house. | Pistorius says he shot dead Ms Steenkamp in the early hours of Valentine's Day last year by mistake, fearing there was an intruder in the house. |
On Sunday, Ms Steenkamp's mother June would not say whether the family would support a state appeal. | |
"All we have ever said is that we want to know the truth. We owe it to Reeva," she told the Times newspaper. | |
She was interviewed ahead of the publication next month of her book, Reeva: A Mother's Story. | |
In the book she describes her daughter's boyfriend as "pathetic", "moody", "gun-toting" and "possessive" and rejects his version of events. | |
"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," she writes. | |
Inside Oscar Pistorius's home | Inside Oscar Pistorius's home |
3D animation of the apartment | 3D animation of the apartment |