Oscar Pistorius' jail sentence to be appealed against by South African prosecutors
Thursday 21 July 2016 18:54, UK
South African prosecutors intend to appeal against Oscar Pistorius' six-year jail sentence for murdering girlfriend Reeva Steenkamp, saying it is "shockingly too lenient".
The announcement on Thursday prolongs the three-and-a-half year legal saga of Pistorius, who fatally shot Reeva Steenkamp at his home in 2013.
The National Prosecuting Authority said it would file its appeal papers on Thursday, the day of the deadline to appeal.
Pistorius was sentenced to six years in prison by High Court judge Thokozile Masipa on July 6, a sentence that is much shorter than the prescribed minimum of 15 years in jail for murder in South Africa.
"We respectfully submit that the sentence of six years imprisonment, in all the circumstances, is disproportionate to the crime of murder committed," the prosecuting authority said in a statement.
It added that the sentence was "shockingly too lenient, and has accordingly resulted in an injustice and has the potential to bring the administration of justice into disrepute".
Steenkamp's parents, Barry and June, issued their own statement, saying that they "have always fully supported (chief prosecutor) Gerrie Nel and his team's fight for justice for Reeva".
But their lawyer said they had "no input in the decision of the state to appeal".
Pistorius is currently serving his six-year sentence in a prison in the South African capital, Pretoria. Under South African law, he could be eligible for parole after serving half the sentence.
He also previously served one year in prison for manslaughter for shooting the 29-year-old Steenkamp, a model and reality TV star.
That manslaughter conviction was upgraded to the more serious offence of murder after an earlier prosecution appeal, leading to a new sentencing.
Prosecutors had sought a 15-year sentence for Pistorius for the murder, but Judge Masipa said there were compelling circumstances in Pistorius' case to give him a lesser sentence. South African judges can deviate from minimum sentences if there are exceptional circumstances.
Pistorius' defence lawyers and family said immediately after the sentencing that they accepted the judge's decision, and a family spokeswoman told media they would not be commenting on this latest appeal by the prosecution.
Pistorius shot Steenkamp multiple times through a toilet cubicle door in his home in the pre-dawn hours of Valentine's Day 2013.
He testified that he killed Steenkamp by mistake, thinking she was an intruder hiding in the bathroom. Prosecutors said he shot her intentionally after an argument.
Explaining her decision when she sentenced Pistorius two weeks ago, Judge Masipa said the former Olympic runner was a good candidate for rehabilitation, was unlikely to commit another crime, and had shown what appeared to be genuine remorse over Steenkamp's death. Masipa also noted that Pistorius had lost his career and was "ruined financially".
Now, prosecutors must first ask the same judge for permission to appeal her decision. If permission is granted, the appeal could go to South Africa's Supreme Court, where prosecutors in Pistorius' case successfully appealed against the initial manslaughter conviction.
No date has been announced for the first hearing in the latest sentence appeal.
