http://www.theweek.co.uk/oscar-pistorius/53387/why-oscar-pistoriuss-request-to-appeal-murder-conviction-failed

Oscar Pistorius has been denied the chance to appeal against his murder conviction, three years after the death of his girlfriend Reeva Steenkamp.

South Africa's Constitutional Court ruled that an appeal would have no realistic prospect of success. The decision clears the way for an April sentencing, reports CNN.


Pistorius was initially convicted of culpable homicide in 2014 and sentenced to five years in prison for killing Steenkamp at his home in Pretoria. The former Paralympian shot her through a locked bathroom door.

He was released last year to serve the rest of his sentence under house detention at his uncle's home in Pretoria.

In December, the Supreme Court of Appeal overturned his conviction on a point of law and he was found guilty of murder. He was released on bail with an electronic monitoring device and only permitted to travel a limited distance between 7am and noon.

The original verdict rested on Judge Thokozile Masipa accepting Pistorius's claim that he believed he was firing at an intruder. However, as the athlete had shot another person, whoever he believed it to be, he was found guilty of culpable homicide.

Judge Masipa held back from a murder conviction on the very specific legal principle of dolus eventualis, saying there was not enough evidence to prove beyond reasonable doubt that Pistorius had foreseen his actions would result in a death. It was on this point that the Supreme Court of Appeal disagreed.

Arguing for an appeal, Pistorius's legal team said the second court had ignored his vulnerability as a person with a disability and had wrongly rejected the original judgment that he had acted out of fear when he opened fire. However, this was dismissed by the Constitutional Court on 3 March, meaning resentencing will take place on 18 April.

What will happen at the resentencing?
Pistorius will return to the high court, where a judge will reconsider his sentence.

The defence is expected to put forward mitigating factors in a bid to negotiate a lesser sentence than the prescribed minimum of 15 years in prison, minus time already served.

Criminal law expert Tyrone Maseko told South Africa's 702 radio station there would have to be "substantial and compelling" reasons to depart from the minimum sentence. He said it was "not easy" to succeed, unless there are concrete reasons why leniency should be shown.

A spokesman for the National Prosecuting Authority of South Africa has confirmed the state will be seeking the full 15-year term.

The defence and prosecution may well set out their cases in front of the original trial judge, Thokozile Masipa, although Maseko said another judge could stand in if she is not available.

Commentators in South Africa have described the resentencing as the "final conclusion" in the trial, which began in 2014 and has crossed several courts within the criminal justice system. But while Pistorius cannot appeal his conviction, he could theoretically appeal his sentence.

Oscar Pistorius 'enrolled on law degree at a London university

9 December

Oscar Pistorius revealed yesterday that he is studying a business with law degree through a London university, as he was bailed for the murder of his girlfriend Reeva Steenkamp.

In his affidavit at the bail hearing, he said: "I have enrolled at the London School of Economics for a BSc business with law degree. I study by way of correspondence and need daily access to the internet for this purpose."

However, LSE has said there is no business and law BSc taught at the university. The Guardian suggests Pistorius might have been referring to a BSc in management and law, which is offered as an international programme by the University of London and for which LSE provides academic direction.

LSE is one of the colleges of the University of London and a world-leading social science institution.

The University of London website states that the degree is suitable for people who wish to pursue a career in management; are seeking employment where a demonstrated ability for logical reasoning is required; and would like to study courses that have relevance to their experience and local environment.

Students have between three and eight years to complete the course, or a minimum of two years on the graduate entry route, while fees are £4,205 or £3,175 as a graduate.

Pistorius began a business management degree at the University of Pretoria in 2006 but it is "unclear if he ever completed it as his sporting career took off", says The Guardian.

Pistorius, who shot and killed Steenkamp in February 2013, was yesterday granted bail of R10,000 (£460) after his defence lawyer Barry Roux argued that he could not afford to pay any more.

He is planning to appeal the Supreme Court of Appeal's decision to change his conviction of culpable homicide to murder.



Oscar Pistorius has been released on bail until he returns to court in April next year.

The athlete's conviction for shooting his girlfriend Reeva Steenkamp was last week changed from culpable homicide to murder.

Today, his defence lawyer Barry Roux revealed that an application for leave to appeal would be brought to the Constitutional Court.

He requested that Pistorius remains at the home of his uncle, Arnold Pistorius, until the appeal or – if the appeal is unsuccessful – he returns to the High Court for sentencing.

Judge Aubrey Ledwaba agreed to release Pistorius on bail of 10,000 rand (around £460) and postponed the case until 18 April 2016.

Ledwaba said Pistorius had proven that he is not a flight risk and had kept his bail conditions, even when facing possible life imprisonment, when charged with premeditated murder before and during his original trial.

Pistorius will return to his uncle's house but must not leave the district of Tshwane and must surrender his passport. The athlete will be electronically tagged and must submit travel plans to his investigating officer.

Prosecutor Gerrie Nel did not oppose bail, but argued that Pistorius needed 24/7 monitoring now that he has been convicted of murder. "We feel strongly that he should not leave the house at any time," he said.

However, the judge said this was not in the interests of justice. Pistorius will therefore be able to leave the house every day between 7am and midday and can travel within a 20km radius of his uncle's home.

Pistorius was present in court, but spoke only to confirm that the affidavit was in his name, reports The Guardian.

Defence lawyer Roux told the court that Pistorius could no longer afford the much higher bail of one million rand, initially agreed when Pistorius was first released after Steenkamp's death in February 2013. The 10,000 rand must be paid by this Friday.