Prison looms again for Pistorius after murder conviction

The athlete, known for the carbon fibre prosthetic blades he uses when running, will be sentenced for the murder conviction by a lower court at a date still to be determined.

The case has prompted a fierce debate in a country beset by high levels of violent crime.

At the time, she said in her ruling: “There is no basis for this court to make the inference that the accused wanted to kill the deceased…The conduct of the accused shortly after the incident is inconsistent with someone who had wanted to commit murder”.

The appeals court sided with state prosecutors on central points, saying that the manslaughter conviction, technically called culpable homicide, had been based on a misinterpretation of laws and an erroneous dismissal of circumstantial evidence.

The decision means he will now have to return to court to be re-sentenced for murder and that carries a minimum term of 15 years, although the judge can apply some discretion.

Under that concept, a person can be convicted of murder if he or she foresaw the possibility of someone dying through their actions and went ahead anyway.

The lower-court verdict was riddled with “errors in law” on key points, the appeal court said. “That should have been the conviction of the trial court”, Mahlatsi Malaka, a private advocate in Bloemfontein said.

“A young man overcomes huge physical disabilities to reach Olympian heights as an athlete”, Leach said while delivering the ruling on behalf of the five-judge appeals court.

“The legal team will study the finding and we will be guided by them in terms of options going forward”, a Pistorius family spokeswoman said in a brief statement.

The athlete has been living with his uncle in a wealthy suburb in the capital, Pretoria, since being freed on parole.

“It would involve principles like the right to a fair trial [and] the correct ambit and jurisdiction of the Supreme Court of Appeal”, she said.

Pistorius killed girlfriend Reeva Steenkamp in the early morning of Valentine’s Day.

“It’s a big relief”. Steenkamp’s relatives, who were in court, embraced upon hearing the ruling. His voice breaking with emotion, he said of his daughter: “I’m sure she’ll be able to rest as well now”.

In a ruling that was broadcast live on South African television channels, the South African Supreme Court of Appeal harshly criticized Mr. Pistorius for his “vaccilating and untruthful” testimony and the many contradictions in his version of what he was thinking when he fired the fatal bullets from his 9-millimetre Taurus semi-automatic pistol.