Oscar loses it after decision

An enraged Oscar Pistorius was said to have lost his cool in prison yesterday after learning his acquittal for murder will be appealed, with a very real threat of 15-years imprisonment now hanging over his head.

On top of this, it is highly unlikely, according to a criminal law expert, that the “Blade Runner” will be released in August as expected for correctional supervision which would have come after serving a sixth of the term.

In October Pistorius was sentenced to five years imprisonment for the negligent killing of his girlfriend, Reeva Steenkamp in February last year.

Prosecutors yesterday won a major victory when Judge Thokozile Masipa ruled her acquittal of Pistorius for Steenkamp’s murder could be appealed.

Handing down her ruling in the Pretoria High Court, Masipa granted the state’s request to refer three questions of law to the Supreme Court of Appeal:

lWere the principles of dolus eventualis correctly applied to the accepted facts and Pistorius’s conduct?

lDid Judge Masipa correctly apply the legal principles pertaining to circumstantial evidence pertaining to the multiple defences Pistorius provided?

lWas Judge Masipa correct in her reliance on Pistorius’s alternative version and was this version reasonably possibly true?

The judge however ruled against the state’s application to appeal Pistorius’s acquittal on illegal possession of ammunition charges and his sentence for culpable homicide.

A prisoner at Kgosi Mampuru II prison where Pistorius is imprisoned, said Pistorius was furious.

“He lost it. He was listening to it on the radio. He got up and stomped. He went straight to the gym. He started lifting weights like it was going out of fashion. He is p****ed off.

“Who wouldn’t be? He was definitely expecting to be out by August. He can barely console himself over the fact that he will be here for Christmas and New Years, instead of jolling with his family and friends,” he said.

Steenkamp’s uncle, Mike Steenkamp, said: “Whatever happens is in the Lord’s hands. We hold no animosity and are neither overjoyed nor celebrating. As a family, we are taking it day-by-day.”

Pistorius's father, Henke Pistorius, the only family member to attend yesterday’s proceedings, said the family had adopted a “wait-and-see” attitude.

National Prosecuting Authority spokesman, Nathi Mncube, welcomed the decision.

“It’s what we wanted all along. The issues we want clarified by the Supreme Court of Appeal are issues of law. This is not about winning or losing. It’s about justice.”

On Masipa’s refusal to grant them leave to appeal Pistorius’s sentence and his acquittal on possession of ammunition, Mncube said prosecutors were considering launching a petition. “The time frame for the appeal is in the hands of the appeal court. It also depends on our possible petition.”

Warning that such appeals could take a while, Mncube said: “A speedy process is in the interest of everyone, especially Pistorius. We will however not pressure the court.”

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