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South Africa Supreme Court reverses Judge Thokozile Masipa, finds Oscar Pistorius guity of murde

Oscar Pistorius

By: Ulemu Teputepu

The South Africa’s Supreme Court of Appeal has found Oscar Pistorius guilty of murder.

The court found that High Court Judge Thokozile Masipa made errors in law, when convicting the former athlete of culpable homicide.

It has also criticised Masipa for ignoring crucial evidence.

 

Judge Eric Leach read out a summary of the judgment a short while ago, saying the High Court ignored certain circumstantial evidence.

“The failure to take it into account must be regarded as an error of law. Consequently, the first two questions reserved for decision must be answered in favour of the prosecution, to the extent that I have indicated.”

Leach said based on certain evidence that was ignored and the incorrect application of dolus eventualis, there has been an error in law.

“The first two question reserved, are answered in favour of the Director of Public Prosecutions. The accused conviction and sentence on count one are set aside and replaced with the following: guilty of murder, with the accused having had criminal intent in the form of dolus eventualis. The matter is referred back to trial court to consider an appropriate sentence afresh.”

Pistorius murdered his girlfriend Reeva Steenkamp on Valentine’s Day in 2013 saying he believed she was an intruder.Spokesperson for Pistorius Anneliese Burgess said via a statement, “We have taken note of the judgment that has just been handed down by the Supreme Court of Appeal. The legal team will study the finding and we will be guided by them in terms of options going forward. We will not be commenting any further at this stage.”

He was released from prison last month to serve out the remainder of his five year sentence at home.

The State appealed the conviction on the grounds that it believed Masipa incorrectly applied the legal principles to the facts – further saying she incorrectly applied the legal principle of dolus eventualis.

 

Read  Earlier Prediction on the Case By Ulemu: The finish line is in front of South Africa Paralympian Oscar Pistorius

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