Oscar Pistorius appeal against murder conviction 'without merit', say prosecutors

时间:2019-08-29  作者:庆砥  来源:澳门金沙官网  浏览:19次  评论:107条

Oscar Pistorius’ appeal to South Africa’s highest court against a murder conviction is “contrived” and without merit, prosecutors say.

The former Olympian, who shot dead Reeva Steenkamp in 2013, to the constitutional court to overturn his murder conviction.

The supreme court of appeal (SCA) in December 2015 , reversing a 2014 ruling by the high court in Pretoria, which had only found him , or manslaughter.

Pistorius’ legal team maintains the SCA ignored his vulnerability as a person with a disability. It believes the court wrongly rejected a lower court’s judgment that Pistorius acted out of fear when he opened fire at what he thought, by his account, was an intruder behind the closed door of a toilet cubicle.

The appeals court said that regardless of who Pistorius said he thought was behind the door, he should have known someone could be killed if he fired.

Prosecutor Andrea Johnson said in responding papers on Monday that it was not in the interests of justice for the constitutional court to hear the case.

“It is our respectful submission that the SCA [supreme court of appeal] committed no errors of law and that the arguments by the appellant are without merit and contrived,” Johnson said.

The constitutional court, based in Johannesburg, will have to decide whether there are “constitutional matters” that need to be decided before granting the appeal.

Pistorius, 29, was under house arrest in December following the supreme court verdict. He is next due in court on 18 April for fresh sentencing on the murder conviction, when his legal team will update the judge on the status of his constitutional court application.

He was originally sentenced to five years in prison for the culpable homicide conviction, but was on house arrest.

He is currently fitted with an electronic tag and lives at his uncle’s mansion in Pretoria.

Australian Associated Press and Associated Press contributed to this report.