Pistorius sentence challenge rejected

JUDGE Thokozile Masipa’s ruling lasted less than five minutes. State prosecutor Gerrie Nel had spent more than an hour arguing why Oscar Pistorius’s six-year prison sentence for the murder of Reeva Steenkamp was inappropriate.

But, unmoved by Nel’s arguments and the 30 points he used to try to poke holes in her judgment, she told the High Court in Joburg: “I am not convinced.”

The judge said Nel had failed to persuade her another court would have implemented a harsher sentence and ordered the State to pay the costs of the proceedings.

As Nel left the courtroom, shaking his head, he declined to comment on whether or not the State would petition the Supreme Court of Appeal to overturn the most recent of Judge Masipa’s decisions.

Even the National Prosecuting Authority held its cards close to its chest, with spokesman Luvuyo Mfaku yesterday saying the State’s legal team would “put (their) heads together” and only announce their decision at a later date.

Pistorius was arrested in February 2013 for shooting Steenkamp four times through a closed door at his Pretoria East home, claiming he believed she was an intruder entering through the bathroom window.

The paralympian was convicted of murder in December last year after the Supreme Court of Appeal overturned Judge Masipa’s initial culpable homicide conviction. He returned to the High Court in Pretoria in July, where Masipa re-sentenced him to a six-year prison term.

The judge was sympathetic towards Pistorius in her sentencing judgment, ultimately choosing to lessen the prescribed minimum 15-year sentence, declaring she believed he truly regretted his actions.

Shortly afterwards, Nel filed an application for leave to appeal Masipa’s most recent sentence, claiming six years was shockingly lenient considering Pistorius’s negligent actions.

shain.germaner@inl.co.za