Pistorius’ legal team has ten days to file heads of argument
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Pistorius’ legal team has ten days to file heads of argument

by RDM News Wire

Oscar Pistorius and his legal team have until September 17 to file their response to the State’s appeal against the Paralympian’s culpable homicide conviction.

'One sixth of a five years sentence is 10 months and at the time the decision was made Mr Pistorius had served only over six months of his sentence.' File photo Image by: ALON SKUY
‘One sixth of a five years sentence is 10 months and at the time the decision was made Mr Pistorius had served only over six months of his sentence.’ File photo
Image by: ALON SKUY

The State is appealing Pistorius’ October 2014 conviction for culpable homicide‚ as it wants him convicted of the more serious crime of murder for killing his model girlfriend Reeva Steenkamp at his Silverlakes home in 2013 on Valentines Day.

“Members of the media are advised that the due date for the Respondent’s heads of argument in the matter of Mr Oscar Pistorius is 17 September 2015‚” a statement by office of the chief justice spokesman Nathi Mncube‚ said on Monday.

“The appeal will be heard at the Supreme Court of Appeal (Bloemfontein)‚ in November 2015.

“The date of the hearing will be communicated in due course‚” Mncube said.

Pistorius was due to be released from Kgosi Mampuru correctional centre in Pretoria on correctional supervision on August 21‚ but Justice and Correctional Services Minister Michael Masutha referred the decision to release the Paralympian on correctional supervision for review by the parole board as there was “no legal basis for the decision”.

Masutha’s spokesperson Mthunzi Mhaga said at the time that Pistorius had not served 10 months of his five-year jail term when the Correctional Supervision and Parole Review Board made the decision on June 5.

He said it was therefore “clear that there is no legal basis upon which such a decision was made and is in contravention of Section 73 (7) (a) which requires him to have served one sixth of his five years sentence”.

“One sixth of a five years sentence is 10 months and at the time the decision was made Mr Pistorius had served only over six months of his sentence.”

“Section 73(7)(a) of the Correctional Services Act‚ Act 111 of 1998‚ states the following: A person sentenced to incarceration under section 276(1)(i) of the Criminal Procedure Act‚ must serve at least one sixth of his or her sentence before being considered for placement under correctional supervisor‚ unless the court directs otherwise‚’’ Mhaga said.

RDM News Wire.

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