Pistorius: I cannot Afford A New Trial

Pistorius is currently serving his five-year sentence for manslaughter in a prison in central Pretoria, the capital following his seven-month trial last year. The court found him not guilty of murdering her. Picture: Themba Hadebe/AP/Pool.

Oscar Pistorius’ lawyers have said the Paralympian should not face a second murder trial, accusing prosecutors of persisting with a “failed case”.

There, the judges have the power to either reject the prosecution appeal and rule Pistorius’ acquittal for murder was correct, order a retrial, or convict him of murder themselves.

Pistorius’s “financial ability” for a new trial was “non-existent”, Roux said.

Oscar Pistorius has said he cannot afford a new trial over the death of his girlfriend Reeva Steenkamp.

The SCA is expected to hear the matter in November.

In Wednesday’s papers, Pistorius’ lawyers argued prosecutors were wrong to challenge the original verdict, and were using the appeal to try again with a murder case that had already been rejected by Judge Thokozile Masipa.

In December 2014, she granted the State leave to appeal, saying her culpable homicide verdict was based on her interpretation of the law.

But in a 40-plus page argument against the state, the Pistorius defence team said prosecutors were trying to reintroduce a “failed case”, and was attacking the court’s findings and not questions of law.

Prosecutors argued Pistorius should be convicted of murder on that basis after firing four shots into a small toilet cubicle, hitting Steenkamp in the head, arm and hip. He had “the intention to kill in the form of dolus eventualis”.

Ms Steenkamp, a model and reality TV star, perished when Pistorius fired four shots although the toilet door at his Pretoria house 2013, on St Valentine’s Day.

Roux says mitigating factors that the court should consider before making such an order include the extent and time duration of a trial, the complexity of it and the fairness to his client. He was sentenced to five years in jail.

The parole review board was anticipated to meet to determine if Pistorius could serve out the remainder of his term under house arrest. He was meant to have been released on August 21, but Justice Minister Michael Masutha said the board acted prematurely when it set that date.