Oscar Pistorius, who is imprisoned for killing his girlfriend in 2013, is set to appeal against his increased prison sentence of 13 years and five months. Pistorius and his legal team argue that the Supreme Court of Appeal (SCA) exceeded its powers and breached his right to a free trail. According to former Paralympian’s lawyers, the CSA disregarded findings of fact by the trial court. Turning to South Africa’s Constitutional Court is Pistorius’ final chance of getting his augmented sentence revoked.
“Misdirected sentence,” Pistorius’ lawyers
Pistorius legal team argues that the sprinter did not have a fair trial and that there was “misdirection” enough to plea against the sentence. “It can only interfere if it concludes‚ on the basis of those facts‚ there was still a misdirection sufficient to vitiate the sentence‚” Pistorius’ lawyers argued in court papers filled at the Constitutional Court. “When this occurs‚ the appellate court is exceeding its powers and breaching the rights of an accused to a fair trial. The question of the powers of and approach adopted by the SCA raises an arguable point of law of general public importance‚ which ought to be considered by this court (Constitutional Court). The sprinter’s defense also claims that the SCA didn’t took into consideration his disability and anxiety disorder. “The fact that his (Pistorius’) perception did not meet objective criteria for rationality did not convert his actions into an evil intent nor did it eradicate his incorrect irrational subjective belief,” they said.
Oscar Pistorius shot his girlfriend Reeva Steenkamp in the early hours of Valentine’s Day in 2013. He later claimed that he mistook her for a burglar. In July 2016, the sprinter was condemned to six years in prison for culpable homicide in the Pretoria High Court. However, prosecutors managed to double his sentence on 24 September 2017. Last week, he was injured in a prison altercation with another inmate at the Atteridgeville Correctional Centre.