1. ITV Report

Prosecutors appeal to have Pistorius charged with murder

Prosecutors in the Oscar Pistorius case have appealed to have his conviction changed from 'multiple homicide' to a more serious charge of murder Credit: Themba Hadebe/PA Wire

Prosecutors have appealed to South Africa's Supreme Court of Appeal today to have the conviction against paralympian Oscar Pistorius changed from culpable homicide to the more serious charge of murder.

The appeal, which comes just two weeks since Pistorius was released on parole, saw prosecutors argue that the runner should have been charged with the murder of his girlfriend Reeva Steenkamp all along.

Here's what we find out from the hearing today.

  • What did prosecutors say?
Chief state prosecutor Gerrie Nel Credit: Siphiwe Sibeko/Pool Photo via AP

Prosecutor Gerrie Nel made submissions to the court suggesting the original court that convicted Pistorius erred in acquitting him of killing his girlfriend Reeva Steenkamp and convicting him of culpable homicide instead.

Nel said: "On the objective facts, the accused cannot escape the conviction of murder."

He added: "The court ignored the evidence, the most important circumstantial evidence, that would make the accused version, not reasonably or possibly true, but impossible."

  • And the defence?
Defence lawyer Barry Roux Credit: Siphiwe Sibeko/Pool Photo via AP

Pistorius' defence returned to court to try to keep their client from returning to jail stating their client's decision to fire shots through a bathroom door was lawful as he genuinely believed that he was shooting at an intruder and there was no intention to kill.

Barry Roux said: "Are we going back to state's version that he wanted to kill her? It was tested and rejected. He was scared, anxious."

  • When will a decision be made?

There has been suggestions that a judgement could be made by the end of November but no actual date has been set.

  • What can we expect from the judgement?

If the court of appeal decides in favour of the prosecution and changes Pistorius' conviction to murder then the double-amputee will have to return to prison.

If judges rule in favour of Pistorius' defence team and reject the appeal then the athlete, who has served one year of his five-year term, will be able to continue to complete his sentence under house arrest.

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