Court to rule on Pistorius appeal

The judge who cleared Oscar Pistorius of murder is set to decide whether prosecutors can appeal.

South African Paralympic athlete Oscar Pistorius

The South African judge who cleared Oscar Pistorius is set to decide whether prosecutors can appeal. (AAP)

A South African judge is set to rule on whether to grant a state appeal that would open the way for Oscar Pistorius to serve more time behind bars for shooting his girlfriend.

Prosecution lawyers applied for an appeal after Judge Thokozile Masipa in October sentenced the Paralympic gold medallist to five years in jail after a trial that attracted worldwide interest.

The judge found him guilty of culpable homicide, also known as manslaughter, rather than a more serious charge of murdering Reeva Steenkamp.

Prosecutor Gerrie Nel argued in appeal papers filed last month that Judge Masipa misinterpreted the law when she ruled Pistorius did not intentionally shoot Steenkamp, describing the sentence as "shockingly light" and "inappropriate".

Pistorius can qualify for house arrest after serving one sixth of his sentence - 10 months - behind bars, which would mean he could serve the majority of his sentence outside prison walls.

Should Judge Masipa grant the appeal on Tuesday, the case will be heard in South Africa's Supreme Court of Appeal in Bloemfontein, the country's judicial capital.

Pistorius admits shooting Steenkamp four times through a locked toilet door on Valentine's Day 2013.

If Masipa refuses to grant the appeal, the state can petition the decision, a common legal strategy in South Africa.

"I honestly don't think that Masipa would refuse leave to appeal, there's just too much controversy about the judgment," said Martin Hood, a criminal lawyer based in Johannesburg.

"It doesn't matter what the outcome of the appeal is, if the appeal is allowed then other judges will be able to comment on the decision, and that's critical," said Hood, who has been following the Pistorius case throughout the year.


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