Summary: The prosecutors who have worked on the Oscar Pistorius case filed an appeal of the sentence handed down by Judge Thokozile Masipa.
The prosecutors working the Oscar Pistorius trial have filed for leave to appeal against the conviction and sentence of five years in prison, according to The Guardian.
The prosecutors called the sentence “shockingly light, inappropriate and would not have been imposed by any reasonable court.”
The legal papers filed said that Judge Thokozile Masipa “erred in overemphasising the personal circumstances” of the athlete and the fact that he appeared to be remorseful in the filling of his girlfriend, Reeva Steenkamp.
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Pistorius was acquitted of murder in September by Masipa, but was found guilty of culpable homicide.
The court filing from the prosecutors states the following: “The question should be posed if the court correctly applied the principles of dolus eventualis to the accepted facts.”
Pistorius claims to this day that he thought Steenkamp was an intruder.
Despite this, the filing says that the court found he offered a “plethora of defenses” and claim that these were “mutually destructive and irreconcilable.”
The filing is signed by Gerrie Nel, the chief prosecutor, and deputy prosecutor Andrea Johnson. It said that the five-year sentence for “murdering” Steenkamp “in the circumstances of this case is shockingly light, inappropriate and would not have been imposed by a reasonable court.”
“The honourable judge erred in overemphasising the personal circumstances of the accused and the fact that the accused was suffering from post-traumatic stress, was anxious and ‘seems remorseful.’ The honourable judge erred in not appropriately taking into account the consequences of the accused’s actions. Not enough emphasis was placed on the horrendous manner in which the deceased died, coupled with the gruesome injuries she sustained when the accused shot and killed her,” it continues.
The prosecutors also argued that Masipa made an error when she overemphasized the purpose of reformation and rehabilitation.
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“We will argue that the sentence is inappropriate and shockingly light for someone that killed an innocent person with gross negligence where his conduct bordered on dolus eventualis.”
June, Steenkamp’s mother, said the following about the prosecutors, “This is now their job. They’re not happy with the verdict and sentence because they feel there were mistakes made. It’s not really going to affect me. It’s going to affect Oscar maybe but that’s not my business. He did his utmost best. He’s devastated now, Gerrie Nel, but I can only say that he pulled his guts out for Reeva. He always spoke of her and he was doing his best. He did the best job anybody could do.”
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Image credit: AP