Hearing Set for Oscar Pistorius Appeal

(ATR)Prosecutors announced Monday that their application to appeal against Oscar Pistorius' culpable homicide conviction and five-year prison sentence will be heard in a Pretoria court on Dec. 9.

Currently, Pistorius is serving his sentence in Kgosi Mampuru II Prison.Pistorius' lawyer told reporters that it is not decided yet whether the double amputee will attend the hearing.

In September, Judge Thokozile Masipa foundPistorius guilty of culpable homicide in the 2013 shooting death of Reeva Steenkamp and one other weapons-related charge.The Olympian's defense team predicted Pistorius would serve one-sixth of the sentence.

Prosecutors told the Associated Press they feel Pistorius should have been charged with murder and that their appeal has "reasonable prospects" of success.

If Pistorius is found guilty of murder on the appeal, he would face a minimum of 15 years in prison.

Legal expert Marius du Toit spoke with the AP and said, "Pistorius' defense team would be very nervous if the case was referred to the Supreme Court of Appeal."

Pistorius' lawyers have told South Africa's National Prosecuting Authority that they would oppose the appeal.

According to the AP, prosecutors have cited a section of South African law called dolus eventualis which says someone should be found guilty of murder if they foresaw the possibility of a person dying through their actions and went ahead.

In its statement, prosecutors said,"The NPA reiterates that the decision to appeal was taken on the basis that it believes there exists reasonable prospects of a successful appeal based on a question of law."

Written byNicole Bennett

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