The lawyers for former Olympian Oscar Pistorius have challenged the State's attempt to appeal his September acquittal on murder charges. Pistorius, known as the Blade Runner because of the prosthetics he wears to compete in track and field events, was deemed innocent on charges of premeditated murder in the 2013 shooting death of Pistorius's girlfriend, Reeva Steenkamp. Pistorius was found guilty of culpable homicide.
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Pistorius went to trial after killing girlfriend Reeva Steenkamp while she was in the bathroom of their home. Pistorius fired several rounds from a handgun through the door, claiming that he thought an intruder was inside.
#OscarPistorius lawyers argue state bid to challenge should be dismissed and state should pay OP legal costs. @eNCAnews
— Karyn Maughan (@karynmaughan) November 18, 2014
#OscarPistorius lawyers say judge Masipa must strike state "appeal" from court roll...@eNCAnews pic.twitter.com/ahederQdqz — Karyn Maughan (@karynmaughan) November 18, 2014
The State is currently attempting to appeal the overturned murder charges, but lawyers for Pistorius claim that the appeal is fundamentally flawed and should be dismissed. The argument, according to eNCA, is that the State is basing their appeal on an attempt to overturn a factual finding instead of a legal finding. Pistorius's legal team is adamant that the State may only appeal legal findings relevant to the case, thus justifying the dismissal of the appeal.
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Pistorius's lawyers say that Judge Thokozile Masipa had all of the facts in front of her when she made her ruling and that she correctly ruled that the prosecution failed to prove that, based on the facts they presented, Pistorius did realize that he may kill the person behind the bathroom door. Additionally, his lawyers contend that the State has done nothing to prove that the five-year sentence Pistorius received was in any way inappropriate.
The latest hearing regarding the appeal is scheduled to take place on December 9.
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