South Africa appeals court overturns Pistorius verdict, convicts him of murder

However, an appeals court has now overturned the original verdict, meaning he will have to return to court to be re-sentenced for murder.

“Although he may have been anxious, it is inconceivable that a rational person could have believed he was entitled to fire at this person with a heavy-calibre firearm, without taking even that most elementary precaution of firing a warning shot, which Pistorius said he elected not to fire because he thought the ricochet might harm him”.

“We have taken note of the judgment that has just been handed down by the supreme court of appeal”, said Pistorius’ family in a statement.

The South African blade-athlete, who has been under house arrest since October 2015- one year after he was jailed for the above crime now risks another jail term of at least 15 years, depending on the judge’s discretion.

Now, Pistorius’s team may take the case to the next level for one final appeal in front of the highest court in South Africa-the Constitutional Court.

Under the concept of “dolus eventualis” in South African law, a person can be convicted of murder if he or she knows that an action could cause someone’s death, but he or she does it anyway.

The Pistorius case is “a human tragedy of Shakespearean proportions”, said Judge Eric Leach, reading the unanimous verdict by the appeal court as cameras broadcast the ruling on live television across South Africa. Facts considered in the case include: the number of shots fired assert an intent to kill whomever was on the other side of the door, and was not an act of self defense as he made no effort to warn the alleged intruder. The trial court can also consider whether he should be shown leniency because he is disabled and is a first-time offender.

South African law does not make provision for someone to be placed under house arrest for more than five years, so Pistorius will be going back to prison, reports the BBC’s Pumza Fihlani in Johannesburg.

The judge described the Paralympian’s testimony over the 2013 shooting of Reeva Steenkamp as “untruthful” and delivered a damning indictment of the original verdict.

“For us as a family, we can get on with our lives now and I hope his family can get on with their lives now”, he said.

Speaking to Sky News, June Steenkamp, Reeva’s mother, felt the new decision was right.