Pistorius lawyers say state out of line

19 August 2016 - 04:13 By GRAEME HOSKEN

Convicted murderer Oscar Pistorius has accused prosecutors planning to appeal his six-year murder conviction of being bullies. In responding papers, filed on Thursday, Pistorius's lawyers said the state's appeal ignored the fact that it was the trial court's prerogative to impose a sentence."An appeal court will not interfere with such discretion unless the trial court failed to exercise its discretionary function judicially," his lawyers contend.Pistorius's legal team describes the state's attempts to extend his time behind bars as inappropriate and without merit.Pistorius was sentenced to six years' imprisonment when the state successfully appealed his culpable homicide conviction. The Supreme Court of Appeal ruled that the athlete should have been convicted of murder.'Oscar did not attempt suicide'Oscar Pistorius's uncle Arnold has denied the athlete tried to take his own life, after it emerged that he is on suicide watch. He shot dead his girlfriend, Reeva Steenkamp, through a locked toilet door at his home on StValentine's Day in 2013.His lawyers accused the state of ignoring and misconstruing facts, and of insulting the trial court by claiming that it had misdirected itself.They argue that the state had no regard for the fact that Pistorius served 12 months in prison, a further seven months under strict correctional supervision, and was placed under even stricter bail conditions pending his sentencing."It appears that the state has conveniently omitted to consider this very substantial aspect . approximately two years' effective imprisonment already served" [an effective eight-year sentence] "which is anything but lenient".The state's application for leave to appeal will be heard in the Pretoria High Court on Friday next week...

There’s never been a more important time to support independent media.

From World War 1 to present-day cosmopolitan South Africa and beyond, the Sunday Times has been a pillar in covering the stories that matter to you.

For just R80 you can become a premium member (digital access) and support a publication that has played an important political and social role in South Africa for over a century of Sundays. You can cancel anytime.

Already subscribed? Sign in below.



Questions or problems? Email helpdesk@timeslive.co.za or call 0860 52 52 00.