South African prosecutors to oppose Pistorius' appeal
January 25, 2016
State lawyers have said they will oppose Oscar Pistorius' bid to appeal for a lesser conviction after he was found guilty of murdering his girlfriend. The Constitutional Court would be the athlete's final legal recourse.
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In an affidavit addressed to the Constitutional Court, prosecutors argued that the Supreme Court of Appeal (SCA) had rightly found Pistorius guilty and that there was "no reasonable prospect of success" for the athlete's appeal.
"It is our respectful submission that the SCA committed no errors of law and that the arguments by the applicant are without merit and contrived," lawyers of the National Prosecuting Authority wrote.
Pistorius served one year of his five-year prison sentence for culpable homicide after killing his girlfriend Reeva Steenkamp in 2013. He was released on bail last October and has been living under house arrest at his uncle's property in Pretoria.
In December, the SCA overturned the 29-year-old's earlier conviction, upgrading it to murder, and described his testimony as "untruthful." Pistorius' lawyers said the SCA had "acted unlawfully and unconstitutionally" and decided to appeal to the Constitutional Court, the highest court in South Africa.
Pistorius' lawyer, Barry Roux, said the appeal would ask for a retrial, considering that Pistorius fired the fatal shots because he felt Steenkamp and his life were in danger from intruders. The athlete said he killed his girlfriend after mistaking her for an intruder and shooting four times through the locked door of his bathroom toilet.
The Constitutional Court will decide whether to hear the case. If the court holds the SCA's decision to be correct, Pistorius could face up to 15 years in jail.
The sprinter and double amputee, also known as "Blade Runner" because of the carbon fiber prosthetic blades he uses to run, killed his girlfriend, model Reeva Steenkamp, on Valentine's Day in 2013.
The rise and fall of Oscar Pistorius
Oscar Pistorius has now been sentenced to five years in jail for killing his girlfriend Reeva Steenkamp. DW looks at the defining moments in Oscar Pistorius' successful, and at times controversial, sporting career.
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The trial
In 2014, former Paralympic athlete Oscar Pistorius was sentenced to five years imprisonment for 'culpable homicide' for killing his girlfriend Reeva Steenkamp. The following December, that verdict was upgraded to murder - a decision Pistorius is bidding to overturn. The tragedy and ensuing court cases have blotted a unique, and at times controversial, athletic career.
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First strides in Athens
At the tender age of 17, Oscar Pistorius exploded on to the track scene. He broke the world record in men's 200 meters at the 2004 Paralympic Games in Athens, adding to an earlier bronze medal at the same meet. It was the first major milestone in his career. Pistorius was born with the disease fibular hemimelia, and at the age of 11 months was amputated halfway between his knees and ankles.
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An unfair advantage?
His success, however, was followed by debate on whether Pistorius had an extra advantage with his prosthetic J-shape limbs. Researchers found out that the prosthetics required "25 percent less energy" to move than normal legs. After initially being stopped from competing at the 2008 Olympics, Pistorius successfully had his appeal upheld at the Court of Arbitration for Sport.
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Success in Beijing
At the 2008 Paralympic Games in Beijing in China, Pistorius walked away with three gold medals in the 100, 200 and 400 meters finals on the track. He had been hoping to reach the Olympics - a constant target in his mind throughout his career - but he fell short of qualifying.
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A step towards the main goal
Pistorius got a step closer to his career-long dream at the 2011 World Championships in Daegu, South Korea when he was finally able to race able-bodied athletes. He was included in the South African 4x400m relay team, running the opening leg in the semifinal. However, he was dropped for the final - where the South Africans won silver - because of his slow pace in the semis.
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Pistorius lives olympic dream
Pistorius was named in South Africa's team to participate in the 2012 London Olympic Games. He was the first double-leg amputee runner to compete in an able-bodied sport at the Olympics, but was not able to get to the final. His South African team also didn't get a medal in the relay, but Pistorius was given the honor of carrying the country's flag at the closing ceremony.
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Paralympic dominance in London
Just weeks later Pistorius graced the Olympic Stadium in London again, at the Paralympics, leading the South African team in at the opening ceremony. He established another world record in the 200 meter heats, but then lost in the final. He still left with two more gold medals at the end of the event though after winning in the 400meters sprint and the 4x100m relay.