It is not immediately clear whether Oscar Pistorius will remain under correctional supervision or have to return to prison until he appears for re-sentencing before the High Court in Pretoria.
The Supreme Court of Appeal (SCA) on Thursday found that Oscar Pistorius was guilty of murdering Reeva Steenkamp‚ overturning the culpable homicide conviction imposed on him by the high court in Pretoria in September last year.
This means he has to return to court for re-sentencing.
National Prosecuting Authority (NPA) spokesman Luvuyo Mfaku said that though Pistorius was currently out of jail under correctional supervision‚ he could not at this stage say what would happen to Pistorius pending the re-sentencing hearing.
He said the NPA must “engage with all stakeholders” in order to decide on the way forward. Until such a decision was made‚ Pistorius remained under correctional supervision – that is‚ under house arrest at his uncle’s home.
No date has been set yet for the re-sentencing hearing.
In its judgment on Thursday‚ the SCA found in favour of the state in two of the three questions of law reserved by the high court to be determined by the SCA.
It found that the principles of dolus eventualis were incorrectly applied by the high court.
“The accused must have foreseen that whoever was behind the toilet door would have died and reconciled himself with that possibility‚” Judge of Appeal Eric Leach said in a unanimous judgment in which four other judges concurred.
Pistorius‚ 29‚ shot and killed his girlfriend Steenkamp‚ who was 29‚ through a locked door in his Pretoria home on February 14 2013.
He claimed he fired the four fatal shots through the door of the toilet in the bathroom adjoining his bedroom believing that there was an intruder inside and that his life and that of Steenkamp were in danger.
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