South African appeals court convicts Pistorius of murder

A South African appeals court will soon rule on whether to overturn a manslaughter conviction against Oscar Pistorius and find the double-amputee Olympian guilty of murder for killing girlfriend Reeva Steenkamp.

The defence had argued that Pistorius had shot her by mistake, thinking she was a burglar.

At the crux of the case was how trial judge Thokozile Masipa interpreted the principle of “dolus eventualis” awareness of the likely outcome of an action under which she acquitted Pistorius of murder.

The appeals court judge in Bloemfontein delivered the ruling after the prosecution contested the earlier verdict which found him guilty of the lesser crime of “culpable homicide”.

In so doing, Pistorius knew he’d kill whoever was behind the door, Justice Lorimer Eric Leach said in his ruling.

“The identity of victim is irrelevant to his guilt”, he said.

The appeal centred on dolus eventualis – a Latin legal phrase meaning the act was carried out knowing it would lead to death and the accused went ahead anyway.

Steenkamp’s mother June was present in court and smiled broadly as she left. Pistorius was not there.

But after the shock move today, the 29-year-old will have to return to court to be re-sentenced for murder, which carries a minimum term of 15 years. The guilty call came after a South African appeals court overturned a previous manslaughter verdict, according to the BBC on Thursday. He had been sentenced to five years in prison for manslaughter.

Pistorius was released into house arrest on October 20 after the parole board decided he should be released under correctional supervision.

“To save all of you the trouble of camping out at the Pistorius home tomorrow, I thought it best to let you know in advance that there will not be an on-camera statement made tomorrow”, she said.

Oscar Pistorius rubs his eyes as he sits in court as the sentencing process entered a second day, Pretoria, South Africa, Tuesday Oct. 14, 2014. His voice breaking with emotion, he said of his daughter: “I’m sure she’ll be able to rest as well now”.

A date for the former athlete’s sentencing will be announced in the capital Pretoria, where Pistorius was tried and jailed. South Africa’s Olympic sprinter Oscar “Blade Runner” Pistorius was taken into police custody on February 14, 2013.

The judge said the matter will be referred to the trial court to consider an appropriate sentence.