NPA opposes Oscar Pistorius Con-Court bid
The National Prosecuting Authority opposed Oscar Pistorius' appeal as they felt it had no merit.
The National Prosecuting Authority (NPA) has filed opposing papers in disgraced Paralympian Oscar Pistorius` Constitutional Court bid, following a decision by the Supreme Court of Appeal (SCA) which overturned his culpable homicide sentence to one of murder, the Citizen reported.
“We filed our papers at around 2pm on Monday. We are saying that his application has no merit because our appeal was upheld on a point of law and not on facts,” NPA spokesperson Luvuyo Mfaku said.
“What they (Pistorius` legal team) are saying, is that the SCA erred because it based its decision on facts.
“The argument doesn’t hold. We appealed on a point of law.”
Five Appeal Court Judges last year unanimously ruled in favour of the state in their appeal against Judge Thokozile Masipa’s ruling in the High Court in Pretoria in 2014, which found Pistorius guilty of culpable homicide for shooting dead his girlfriend Reeva Steenkamp on Valentine’s Day in 2013.
He maintained he had mistaken her for an intruder.
The SCA judges ruled in favour that Masipa had applied the context of dolus eventualis incorrectly.
Judge Eric Leach ordered that the matter be referred back to Masipa for appropriate sentencing.
Pistorius who is now out on R10 000 bail, is living at his uncle Arnold’s estate in Pretoria. His case has been postponed to April 18.
He had served just a day short of his five-year sentence for culpable homicide before being put on correctional supervision prior to the SCA case last year.
Earlier this month, Pistorius` attorneys filed an application in the Constitutional Court for leave to appeal.
Attorney Andrew Fawcett said, the grounds of the appeal will be contained in the appeal documents.
The family of Pistorius, following the SCA conviction had said it would be guided by his legal team in options going forward.
“We have taken note of the judgment that was handed out by the Supreme Court of Appeal,” the Pistorius family had said in a statement.
“The legal team will study the finding, and we will be guided by them in terms of options going forward. We will not be commenting any further at this stage,” the family previously said.
Also read:
Pistorius files papers for murder appeal at Con-Court
Oscar Pistorius released early
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