25.8 C
Thursday, April 2, 2020

Pistorius moves to appeal murder conviction in S. Africa’s top cour

Paralympic champion Oscar Pistorius on Monday made a last-ditch attempt with South Africa’s top court to overturn his murder conviction for shooting dead his girlfriend Reeva Steenkamp in 2013.

He has been on bail awaiting a new sentence since December, when judges found him guilty of murder, overturning his earlier conviction on the lesser charge of culpable homicide.

The double-amputee killed Steenkamp, a model and law graduate, in the early hours of Valentine’s Day, saying he mistook her for an intruder when he shot four times through the door of his bedroom toilet.

Under the new conviction for murder, Pistorius, 29, faces a minimum 15-year jail term that may be reduced due to time already spent in jail and the fact that he is a first-time offender.

“We have lodged an application for leave to appeal to the Constitutional Court,” Andrew Fawcett, a lawyer on Pistorius’s legal team, told AFP.

Pistorius was released from jail in October to live under house arrest at his uncle’s property in Pretoria after serving one year of his five-year prison sentence for culpable homicide — the equivalent of manslaughter.

But Supreme Court of Appeal (SCA) judges last month described his testimony at his trial in 2014 as “untruthful” and delivered a damning indictment of the original verdict.

Legal papers filed at the Constitutional Court on Monday by Pistorius’s lawyers contended that the SCA had “acted unlawfully and unconstitutionally” by rejecting factual findings of the original verdict.

They also accused the SCA of making “errors of law” over the principle of “dolus eventualis” — awareness of the likely outcome of an action — which has been at the crux of the long-running case.

– Dramatic trial –

Pistorius was last seen in public at his bail hearing on December 8 in Pretoria High Court, after which he was fitted with an electronic monitoring tag.

Under his bail conditions, he is allowed to leave his uncle’s house at set times with official permission, and not travel further than 20 kilometres (12 miles).

“The application has been served on the director of public prosecutions,” Fawcett said.

“They will now indicate when they will be opposing the application and what the grounds of opposition will be.

“Then we wait for the Constitutional Court to make a ruling on whether or not they will hear the appeal.”

Pistorius denied killing Steenkamp in a rage and, during his dramatic trial, sobbed and occasionally vomited in the dock as details of his lover’s death were examined in excruciating detail.

Some legal experts have dismissed his chances of success at the Constitutional Court.

“He is wasting his time. It is certainly not a constitutional matter,” Tyrone Maseko, a Johannesburg attorney told AFP. “If he ever succeeds, then I will know there is no justice in this country.”

Pistorius shot Steenkamp at the peak of his fame, and has since lost his glittering sports career, lucrative contracts and status as a global role model for the disabled.

Her family welcomed his murder conviction and has described his Constitutional Court appeal as a “delaying tactic” to keep him out of jail.

“The Steenkamps have faith in the justice system and the law must take its course,” their family lawyer Tania Koen told AFP on Monday.



Leave a Reply

Leave a Reply

Leave a Reply

Latest News

Nigeria, Chad, Niger announce joint military offensive on Boko Haram jihadists

Nigeria on Thursday said it had launched a "massive" joint offensive with troops from Chad and Niger against jihadists waging a decade-long insurgency in...

Ugandan student in Italy begs for food aid

A Ugandan student in Italy has appealed for food aid from the government in Kampala to help her and other students cope amid the...

Conde’s party wins majority in boycotted poll

The electoral commission in Guinea says the party of President Alpha Condé won more than two-thirds of the seats in last month's parliamentary elections,...

20 arrested in Uganda LGBT community over social distancing

A gay rights leader in Uganda says 20 members of the local LGBT community have been detained after police raided their shelter and accused...

Countries around Africa reach for chloroquine to combat coronavirus

Despite loud appeals for caution, Africans are rushing to embrace chloroquine, the venerable anti-malaria drug touted as a possible treatment for coronavirus.From hospitals in...

UNECA says Africa seeks IMF, World Bank and EU support on debt relief

African finance ministers want International Monetary Fund, World Bank and EU support for bilateral, multilateral and commercial debt relief amid the coronavirus crisis, the...

Court removes Nelson Chamisa as Zimbabwe opposition head

Zimbabwe’s main opposition leader has lost a court appeal to remain president of the biggest opposition party, the Movement for Democratic Change (MDC).Nelson Chamisa's...

Coronavirus force Ethiopia to shift election

Ethiopia's electoral board has postponed August’s highly anticipated general election because of current coronavirus pandemic.A new schedule would be announced once the threat of...

Boy 13, shot dead in Kenya by police enforcing curfew

The bullet struck the 13-year-old as he stood on the balcony of his family’s home with his siblings. Below, police officers moved through the...

Foreigners in East Africa face hostility over coronavirus

Panic over the global coronavirus pandemic has led to reports of discrimination against foreign nationals in East Africa.From Ethiopia, to Kenya and the Democratic...

More Articles Like This

- Advertisement -
%d bloggers like this: