Judgment reserved in Oscar Pistorius appeal

The South African Supreme Court of Appeal (SCA) on Tuesday reserved judgment to a date still be determined in the State's appeal to overturn paralympian Oscar Pistorius' conviction of capable homicide for shooting dead his girlfriend Reeva Steenkamp. 

   This means that Pistorius could find out his fate in days or even weeks. 

   Pistorius appeared before a panel of five Judges in Bloemfontein. A full bench, led by SCA Judge President Lex Mpati and comprised of Nonkosi Mhlantla, Eric Leach, Steven Majiedt and acting Judge Elizabeth Baartman, presided over the appeal.

   The State appealed against the culpable homicide conviction against Pistorius, arguing that he should have been convicted for murder. 

   The Judges listened to the submissions from the State represented by prosecutor Gerrie Nel and from Pistorius' lawyer Advocate Barry Roux. 

   The prosecutor argued that Judge Thokozile Masipa who convicted Pistorius for culpable homicide misapplied the law and relied on circumstantial evidence. 

   Nel said, "The court never went back to discuss the circumstantial evidence of what happened in the bedroom. The court should have rejected his (Pistorius') evidence because he was a poor witness. All that remains is the objective facts. On the objective facts, the accused cannot escape the conviction of murder."

   "What we have to know is he did shoot in circumstances when he had foresight... that would be the end of the matter," Nel said.

   Roux argued that Pistorius feared for his life when he fired and insisted that Judge Masipa properly analysed the evidence.

   The defence lawyer said his client had fired four shots through his toilet door because he genuinely believed his life was in danger and wanted to defend himself.

   "Four times she (Masipa) comes out with the finding that he genuinely believed that he was in danger. Pistorius genuinely believes he fired the shots at the (perceived) intruder," Roux said.

   Pistorius, 28, was sentenced to a five-year jail term in October last year. He was released on parole last month after having served one year and is now under judiciary supervision at his uncle home in Pretoria.

   Judges had tough questions for the defence team. Judge Leach said, "I don't believe there are factual findings. The victim in eventualis is irrelevant; the issue is he intended to kill whoever was there - identity of victim regardless."

   Leach also said it's strange that Judge Masipa stated that Pistorius was a poor witness and yet believed him. 

   The matter of a retrial has been brought up. Roux reckons it's the best the State can hope for (as opposed to SCA judges overturning Masipa's culpable homicide conviction).

   Pistorius shot and killed Steenkamp on Valentine's Day in 2013, claiming that he mistook her for an intruder.  Endi