Prosecution may pursue Pistorius murder charge

Oscar Pistorius could still face a murder conviction and 15 years in prison for killing his girlfriend as prosecutors said yesterday they had consulted a South African criminal law expert over an appeal.

Chief prosecutor Gerrie Nel has talked to Prof James Grant, a criminal law specialist at Johannesburg’s University of the Witwatersrand, said prosecution spokesman Nathi Mncube.

“We are busy. We are considering appealing,” Mncube said.

Pistorius started serving a five-year prison sentence on Tuesday after he was acquitted of murder and found guilty of a lesser charge of culpable homicide (the equivalent of manslaughter in the Irish justice system), for shooting Reeva Steenkamp through a toilet door. The Olympic runner is eligible for release after 10 months and would then complete his sentence under house arrest.

Prosecutors insisted he should have been found guilty of murder and when Judge Thokozile Masipa acquitted the double-amputee athlete on that charge, her decision was widely questioned by legal analysts.

Grant, a television analyst during Pistorius’ trial, wrote on Twitter earlier yesterday that he had advised prosecutor Nel to appeal during their talks and agreed to assist if prosecutors decide to.

Experts say there are grounds for an appeal, partly because the judge may have misapplied a part of South African law called “dolus eventualis” — which says someone should be found guilty of murder if they foresaw the possibility of killing someone and went ahead anyway.

Prosecutors have 14 days from the announcement of Pistorius’ sentence to apply initially to Masipa for permission to appeal. They could appeal the verdict or Pistorius’ sentence.