Pistorius prosecutors granted appeal

[webfact]

Pistorius case: Judge rules prosecutors can appeal

(BBC) A South African judge has ruled that prosecutors can appeal against the "culpable homicide" conviction of Paralympian athlete Oscar Pistorius.

The double amputee was jailed for five years in October for shooting dead his girlfriend, Reeva Steenkamp, at his home last year.

Judge Thokozile Masipa said prosecutors could not challenge the length of the sentence given to Pistorius.

Pistorius's lawyers had opposed the appeal request.

Prosecutors are seeking a murder conviction and the case will now go before South Africa's Supreme Court of Appeal.

They have argued that Judge Thokozile Masipa misinterpreted the law when she ruled that Pistorius did not intentionally shoot Ms Steenkamp.

Judge Masipa announced the ruling in a Pretoria court on Wednesday.

"I cannot say... that the prospect of success at the Supreme Court of Appeal is remote," she said.

Full story: http://www.bbc.com/news/world-africa-30408424


-- BBC 2014-12-10

[daveAustin]

Good. Let's hope he eventually gets tried in front of a real judge.

[Roadman]

OK... I am confused. The same judge that heard the original trial also rules on the appeal? What kind of Mickey Mouse judiciary is that or have reporters got some judges names wrong.

Also the length of the sentence cannot be challenged but the verdict can? So if the appeal finds a higher ruling of murder than the current culpable homicide the sentence stills stays the same?

Either way good call that it is going to the Supreme Court as justice for Riva certainly was not served.

[sanuk711]

"prosecutors could not challenge the length of the sentence given to Pistorius."

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So...does that mean regardless of success / failure of the appeal ....nothing changes ...???

[sweatalot]

"prosecutors could not challenge the length of the sentence given to Pistorius."

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So...does that mean regardless of success / failure of the appeal ....nothing changes ...???

It does not mean that. Click the link at the OP

Edited December 11, 2014 by sweatalot

[fvw53]

It is indeed strange that the judge whose ruling has to face an appeal had the right to accept or reject the right for appeal