Good news for Oscar Pistorius: it appears that nothing will stop him from leaving prison for house arrest in August. But there's a caveat.
According to multiple media reports, the applications by Pistorius' defense team has failed to block the prosecution's appeal against the South African double-amputee sprinter's acquittal of murder charges.
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BBC.com reported that the Johannesburg High Court rejected the application as a matter of procedure.
"In my view, to entertain this application will be tantamount to reviewing my own decision," Judge Thokozile Masipa said, as reported by the BBC.com. " For one thing, there is really nothing new in the submissions by counsel for the applicant."
The Guardian' reported that Masipa's ruling was expected.
"Barry Roux, for Pistorius, had argued that the culpable homicide verdict was reached on matters of fact, which cannot be the basis for an appeal. Masipa had previously given the state leave to appeal after she agreed that a different court might reach a different verdict on a point of law - namely the interpretation of the principle of dolus eventualis.
Roux argued that it was his legal obligation to raise this argument to ensure he would be able to make these points at the supreme court at a later date."
Pistorius shot and killed girlfriend Reeva Steenkamp on Valentine's Day, 2013 and was sentenced to five years in prison on a culpable homicide charge in October. Under South African law, he is eligible for house arrest after serving one-sixth of that sentence, which for him will be up in August.
But the Guardian reported that the appeal now likely will not prevent Pistorius from remaining in prison before the new court case.
"The National Prosecuting Authority must by late May file a transcript of the original trial to the supreme court, after which each side will submit written arguments, and a date for a hearing can be set.
It is therefore possible - given that Pistorius could leave prison under house arrest after serving 10 months of his sentence; that is, in August this year - that he could be out of jail by the time any appeal hearing takes place."
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