Oscar Pistorius out of legal options as request to appeal rejected
Former star athlete loses bid to cut 13-year jail term for murder of Reeva Steenkamp
Oscar Pistorius 'should not be freed from prison in summer'
Oscar Pistorius should not be freed from prison this summer, his victim's mother has said, amid claims that the athlete wants to work with children on his release.
Pistorius was convicted of culpable homicide last September after shooting his girlfriend Reeva Steenkamp four times through a locked toilet door on Valentine's Day in 2013.
He was sentenced to five years, but could be released on house arrest as early as August.
Reeva's mother June has said it is not a good idea to let him back into society so quickly. "He shot my daughter through that door where she had no space to move or defend herself. One of the bullets blew her brains out. It is disgusting what he did to her... ten months is just not enough," she told South African newspaper The Citizen.
June Steenkamp questioned what message would be sent out to the country about domestic abuse if Pistorius was released, warning: "Justice must be done, otherwise there will be chaos."
Her comments came after one of Pistorius's lawyers told The Sunday Times that his client wants to work with children when he is released from prison.
Rohan Kruger, who works on the defence team with lead counsel Barry Roux, told the newspaper: "Oscar is keen to become involved in assisting children in whatever opportunity will present."
A Correctional Supervision and Parole Board will decide whether Pistorius should be released and stipulate the conditions under which he would have to serve the rest of his sentence. Kruger said this is likely to include a course of anger management, visits to church and a ban on alcohol and drugs. The board is also likely to determine where Pistorius should live and the scope of his contact with others.
Meanwhile, prosecutors have launched an appeal to escalate Pistorius's conviction from culpable homicide to murder.
Another lawyer speaking to the Sunday Times said Pistorius had been left "utterly penniless" and that his defence team had not been paid for two months.
Oscar Pistorius: Judge Masipa dismisses defence appeal
Judge Thokozile Masipa has dismissed a request from Oscar Pistorius's defence team to argue that she was wrong to allow the state to appeal his conviction.
The athlete was found guilty of culpable homicide and sentenced to five years in prison last year for shooting dead his girlfriend Reeva Steenkamp on 14 February 2013.
In December, prosecutors – who want Pistorius to be convicted on the more serious charge of murder – claimed Judge Masipa was mistaken in her application of the law and that a different court could reach a different decision. She granted them leave to appeal his conviction, but not his sentence.
Today the defence asked Judge Masipa to agree that this decision might have been wrong. They said the culpable homicide verdict was reached on matters of fact, which cannot be the basis for an appeal.
However, prosecutor Gerrie Nel – who insists his appeal is based on matters of law, not fact – said there was no provision in law for the court even to hear the defence's application, let alone to grant it.
Judge Masipa agreed with the state, saying that there was "really nothing new" in what the defence had submitted and that her court was not the right place to hear the application.
This means the case will now go to the supreme court of appeal, where five judges will hear from both sides.
Attorney Marius du Toit told South Africa's eNCA news channel that the defence's application was not an "exercise in futility" and was more about defence lawyer Barry Roux "dotting his Is and crossing his Ts".
He suggested that, in light of today's application from Roux, the supreme court of appeal will not be able to refuse to hear arguments on the grounds that the defence did not attempt to appeal against the state application.
Pistorius and his family were not in court.
Oscar Pistorius allowed hugs, jewellery and radio in prison
Prison bosses in South Africa have relaxed the terms of Oscar Pistorius's imprisonment, allowing him to wear jewellery, hug visitors and spend more money in the jail's tuck shop, according to reports.
The former athlete, who was sentenced to five years in prison for culpable homicide last year, has been upgraded from a Category B prisoner to Category A, which comes with a raft of new privileges.
His phone call allowance has increased from 6 to 24 calls, and he is now able to own a radio and take up a hobby.
Bosses at Kgosi Mampuru II Prison in Pretoria made the upgrade after they decided he poses "little threat to security" and comes two years after he shot his girlfriend Reeva Steenkamp on Valentine's Day in 2013, reports the Daily Mail.
A family source told the newspaper: "This has boosted him a lot. He has been very low in prison, although he seems to be getting all the support from the prison authorities that he needs."
The strict "no-touching" policy during visits will be lifted and he will no longer be separated from his visitors by glass. Visits have also been extended from two hours a month to three hours a month.
His allowance for the prison tuck shop, which sells chocolate, fizzy drinks and toiletries, has risen from R100 to R150 (£5.60 to £8.40).
Since he was sentenced four months ago, Pistorius has reportedly completed a number of rehabilitation programmes, including a course on coping with emotions.
He is said to share the use of a running machine and exercise bike with suspected crime boss Radovan Krejcir, who is on trial for fraud, robbery and torture, and was charged with a fresh count of murder last week.
South Africa's National Prosecuting Authority, which is due to appeal against Pistorius's acquittal for murder, is waiting for a date at the Supreme Court of Appeal in Bloemfontein where arguments will be heard by a panel of three to five judges.
Oscar Pistorius appeal: state can challenge murder acquittal
Oscar Pistorius could yet be convicted of murder after Judge Masipa today granted the prosecution leave to appeal against the athlete's acquittal for the murder of Reeva Steenkamp.
The state was not given permission to appeal against the five-year sentence handed down to the athlete, nor to challenge his acquittal on the charge of possessing illegal ammunition.
The case will now be heard in South Africa's Supreme Court of Appeal in Bloemfontein.
The issue at the heart of the prosecution's argument was Judge Thokozile Masipa's application of "dolus eventualis", a legal term for when the perpetrator foresees the possibility of his action causing death and persists regardless.
In September, Masipa ruled that the prosecution had not provided enough evidence to prove beyond reasonable doubt that Pistorius foresaw that he might kill somebody when he fired four shots into his toilet door. Therefore, Pistorius was cleared of murder and convicted on the lesser charge of culpable homicide.
Today, Masipa said prosecutor Gerrie Nel had persuaded her that there were still questions on points of law to be answered.
However, she was not convinced that Pistorius's five-year prison sentence was "shockingly inappropriate", as Nel had claimed, nor that another court would come to a different conclusion on the sentence.
A spokesman for the National Prosecuting Authority told reporters outside court: "Our argument was that [Pistorius] should have been convicted of murder, and then would have been sentenced to a minimum sentence of 15 years. That is, of course, what we would like to happen. It isn't about winning – it's about justice."
The Supreme Court of Appeal sits in panels of three or five judges, depending on the nature of the appeal. The senior judge presides, but the decision of the majority is the decision of the court.
Prosecutors told reporters that things can "take time" at the appeal stage and Pistorius could even be out of jail by the time the appeal is scheduled.
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