The high court in Pretoria misapplied the principles regarding circumstantial evidence when it found Paralympian athlete Oscar Pistorius not-guilty of murder‚ the Supreme Court of Appeal (SCA) heard on Tuesday morning.
There was a buzz of activity at the SCA in Bloemfontein on Tuesday before the state began its arguments asking the court to set aside Pistorius’ conviction of culpable homicide with that of murder.
Outside broadcast vehicles of various television news services were parked outside the court from Monday night as they prepared to televise the appeal by the state. Reporters representing local and international media houses were milling about the court premises as they conducted interviews with various people.
The lawyers for the state‚ including senior prosecutor Gerrie Nel‚ and those of Pistorius‚ led by advocate Barry Roux SC‚ were in the court a few hours before the hearing started.
A few members of the African National Congress Women’s League were present to support the family of Reeva Steenkamp‚ who was shot dead by Pistorius at his Pretoria home on February 14‚ 2013. They sang songs outside the court.
June Steenkamp‚ Reeva’s mother‚ arrived with friends Jenny Strydom and Truia de Bruyn to attend the hearing.
There was also a lone member of a newly formed political party which hopes to contest the local government elections in Mangaung next year.
Tokelo Africa‚ president of the South African Prisoners’ Unemployed Political Party‚ was carrying a placard inside the courtyard that read “#HANDS OFF OSCAR PISTORIUS‚ #GIVE OSCAR PISTORIUS A BREAK !!!“.
Africa said he wanted to support Pistorius because everybody deserved a second chance. He claims his party has 196000 members.
Pistorius was charged with murder‚ but was found guilty of culpable homicide by the high court in Pretoria last year.
The state applied to the high court to reserve questions of law to be considered by the SCA.
One of the questions is whether Judge Thokozile Masipa correctly applied the principle of dolus eventualis to the accepted facts.
The state asked for a conviction on a charge of murder‚ saying in its court papers the SCA may give the judgment that ought to have been given at the trial.
Pistorius’ lawyers are opposing the relief that the state seeks.
His team said the Criminal Procedure Act did not permit the reservation of a question of law which in reality was a question of fact.
“If the alleged question of law is nothing more than a question of whether the Judge had correctly considered the facts‚ this remains a question of fact which may not be reserved at the request of the State‚” the legal team of Pistorius said in the heads of argument filed at the SCA in September.
Pistorius appeal case attracts public‚ political attention
The high court in Pretoria misapplied the principles regarding circumstantial evidence when it found Paralympian athlete Oscar Pistorius not-guilty of murder‚ the Supreme Court of Appeal (SCA) heard on Tuesday morning.
There was a buzz of activity at the SCA in Bloemfontein on Tuesday before the state began its arguments asking the court to set aside Pistorius’ conviction of culpable homicide with that of murder.
Outside broadcast vehicles of various television news services were parked outside the court from Monday night as they prepared to televise the appeal by the state. Reporters representing local and international media houses were milling about the court premises as they conducted interviews with various people.
The lawyers for the state‚ including senior prosecutor Gerrie Nel‚ and those of Pistorius‚ led by advocate Barry Roux SC‚ were in the court a few hours before the hearing started.
A few members of the African National Congress Women’s League were present to support the family of Reeva Steenkamp‚ who was shot dead by Pistorius at his Pretoria home on February 14‚ 2013. They sang songs outside the court.
June Steenkamp‚ Reeva’s mother‚ arrived with friends Jenny Strydom and Truia de Bruyn to attend the hearing.
There was also a lone member of a newly formed political party which hopes to contest the local government elections in Mangaung next year.
Tokelo Africa‚ president of the South African Prisoners’ Unemployed Political Party‚ was carrying a placard inside the courtyard that read “#HANDS OFF OSCAR PISTORIUS‚ #GIVE OSCAR PISTORIUS A BREAK !!!“.
Africa said he wanted to support Pistorius because everybody deserved a second chance. He claims his party has 196000 members.
Pistorius was charged with murder‚ but was found guilty of culpable homicide by the high court in Pretoria last year.
The state applied to the high court to reserve questions of law to be considered by the SCA.
One of the questions is whether Judge Thokozile Masipa correctly applied the principle of dolus eventualis to the accepted facts.
The state asked for a conviction on a charge of murder‚ saying in its court papers the SCA may give the judgment that ought to have been given at the trial.
Pistorius’ lawyers are opposing the relief that the state seeks.
His team said the Criminal Procedure Act did not permit the reservation of a question of law which in reality was a question of fact.
“If the alleged question of law is nothing more than a question of whether the Judge had correctly considered the facts‚ this remains a question of fact which may not be reserved at the request of the State‚” the legal team of Pistorius said in the heads of argument filed at the SCA in September.
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