A South African court has rejected a bid by the state prosecutor to appeal Oscar Pistorius' six-year prison sentence for murdering his girlfriend Reeva Steenkamp.

The prosecution had argued the decision was too lenient, but Judge Thokozile Masipa said the petition to appeal had no reasonable prospects of success.

More to follow.</s>Paralympian Oscar Pistorius was jailed for six years for murdering his girlfriend Reeva Steenkamp. By Alon Skuy (Pool/AFP/File)

Johannesburg (AFP) - A South African judge on Friday rejected an appeal by state prosecutors against Oscar Pistorius's "shockingly lenient" six-year jail sentence for murdering his girlfriend.

Thokozile Masipa -- the same judge who imposed the punishment on the Paralympic athlete last month -- said she was not persuaded there was a "reasonable prospect of success on appeal".

"The application for leave to appeal against the sentence is dismissed with costs," she said in the High Court in Johannesburg.

Prosecutors had been pushing for a tougher sentence against the fallen 29-year-old double-amputee sprint star over the murder of his girlfriend Reeva Steenkamp in 2013.

They now have the option of directly petitioning the Supreme Court of Appeal to ask it to extend the term -- which is less than half the minimum 15-year sentence for murder in South Africa.

Masipa presided over Pistorius's lengthy trial in the glare of the world's media, and South African law empowers the trial judge to grant or reject applications to appeal their own judgements.

"The sentence of six years is shockingly lenient and disturbingly inappropriate," prosecutor Gerrie Nel argued in court.

Pistorius shot Steenkamp, a model and law graduate, in the early hours of Valentine's Day in 2013, saying he mistook her for a burglar when he fired four times through the door of his bedroom toilet.

At his sentencing in July, Masipa listed mitigating factors, including the athlete's claim he believed he was shooting an intruder.

The prosecution on Friday again questioned Pistorius's failure to testify during the sentencing hearings, saying it raised the question of whether he had shown remorse.

Nel also said the punishment had "resulted in an injustice and had the potential to bring the administration of justice into disrepute".

He described it as flawed and that "another court may find that this court misdirected itself".

Pistorius is serving his sentence at Kgosi Mampuru II prison in the capital Pretoria.

- 'Enough is enough' -

Masipa had also originally convicted Pistorius of the lesser charge of culpable homicide, the equivalent of manslaughter, in 2014.

But an appeals court upgraded his conviction to murder in December last year.

Pistorius's defence said it was an "insult" to suggest that the court's sentencing had been flawed and that it was time the case came to a close.

"Enough is enough. What does the state want?" defence lawyer Barry Roux said.

"This case has been exhausted beyond a point of any conceivable exhaustion," he added, accusing the prosecution of sending Pistorius "like a ping pong ball between courts."

However, the prosecution still has recourse to a higher court.

"Any party who has to apply to the trial judge for permission to appeal and is unsuccessful, the option is open for them to petition the Supreme Court of Appeal," said Stephan Terblanche, a law professor at the University of South Africa.

Terblanche said the Supreme Court would study the grounds of appeal and those opposing the appeal, and make a decision without conducting a hearing.

Pistorius, who pleaded not guilty at his high-profile trial, has always denied killing 29-year-old Steenkamp in a rage, saying he was trying to protect her.

South African media reports earlier this month said the athlete had been put on suicide watch following mysterious wrist injuries.

He said he sustained the injuries after falling from his bed and his family denied that he had tried to kill himself.

The year before he killed Steenkamp, Pistorius -- known as the Blade Runner -- became the first double-amputee to race at Olympic level when he appeared at the London 2012 Games.

The Steenkamp and Pistorius families could not be reached for immediate comment.</s>South African judge Thokozile Masipa dismisses an appeal by prosecutor Gerrie Nel for a harsher sentence against Oscar Pistorius on Friday. Nel tells the court that six years is not appropriate for the crime of murdering Reena Steenkamp. Defence advocate Barry Roux argues Pistorius made the ‘mistake of his life’</s>A judge in South Africa has refused an attempt by prosecutors to appeal against the six-year jail sentence imposed on Oscar Pistorius for murdering his girlfriend in February 2013.



Thokozile Masipa said an application by state prosecutors to appeal against the sentence she imposed in July had no reasonable prospect of success.

Pistorius killed Reeva Steenkamp, a model and law graduate, by firing four bullets from a handgun through a closed toilet door in his luxury home in Pretoria, South Africa’s administrative capital, on Valentine’s Day in 2013.

The sentence was much lower than many had expected and was widely criticised. Public prosecutors had demanded the mandatory minimum for murder of 15 years. Steenkamp’s family, however, did not actively support their appeal.

Critics said Pistorius had received preferential treatment as a wealthy, white celebrity.

Gerrie Nel, the lead state prosecutor, told the court on Friday that Pistorius had not shown any remorse and had yet to convincingly explain why he fired the fatal shots.



“The respondent fired four shots through the door and never offered an acceptable explanation for doing so,” Nel said, adding that the sentence was “shockingly lenient”.

Pistorius has always maintained he fired in the mistaken belief that an intruder was hiding behind the door.

His defence argued that his disability – he had his lower legs amputated before his first birthday – and the mental stress that occurred in the aftermath of the killing should be considered as mitigating circumstances.

“I see a lot of prejudice against the accused from the state’s side,” Barry Roux, the former athlete’s main defence lawyer, said on Friday. “This trial and this process has been exhausted beyond any conceivable exhaustive process.”

During sentencing hearings in June, a clinical psychologist called as a defence witness told the court in Pretoria that Pistorius was “a broken man”.

Pistorius was initially convicted of culpable homicide and sentenced to five years in prison. After an appeal by state prosecutors, he was convicted of murder in December.

In her judgment, Masipa said the evidence she had heard convinced her Pistorius was not a violent person, was unlikely to reoffend and had shown remorse.

The judge said she had to balance the interests of society, the accused and relatives of the victim. Pistorius, she said, was “a fallen hero who has lost his career and been ruined financially. He cannot be at peace.”

Women’s rights activists disagreed. “The judgment is an insult to women. It sends the wrong message,” Jacqui Mofokeng of the African National Congress women’s league, told the Guardian after the sentencing in July.

Under South African law, Pistorius will be eligible for parole long before the end of the sentence.

The 29-year-old was treated for wrist injuries this month after apparently falling from his bed. Prison officials said he denied trying to kill himself.</s>JOHANNESBURG, Aug 26 (Reuters) - A South African judge dismissed on Friday a request by state prosecutors to appeal Oscar Pistorius' six-year murder sentence, the latest twist in a trial that has captured global headlines.

The multiple gold medal-winning Paralympian, serving six years for murdering his girlfriend on Valentine's Day 2013, was not in court on Friday when the judge ruled that the state's petition had no reasonable prospects of success on appeal.

Women's rights groups in a country beset by high levels of violent crime against women say Pistorius has received preferential treatment compared to non-whites and those without his wealth or international celebrity status.

His backers say he did not intend to kill Steenkamp.

Judge Thokozile Masipa sentenced the Paralympic gold medallist to six years behind bars in July for murdering his girlfriend, Reeva Steenkamp, in 2013, but the prosecution had said the decision was "shockingly lenient".

Pistorius' defence had earlier argued the state was prejudiced and had dragged the case on too long, adding in their court documents that "enough is enough".

"I'm not persuaded that there are reasonable prospects of success on appeal or that another court may find differently," Masipa said in her ruling, dismissing the state's application.

Masipa originally sentenced Pistorius in 2014 after he was found guilty of manslaughter, but that conviction was increased to murder by the Supreme Court of Appeal (SCA) in December. The subsequent six-year sentence she passed in July was also criticised by women's groups for being too lenient.

Prosecutor Gerrie Nel, who had sought 15 years for Pistorius for the murder conviction, told Reuters he could not comment. Nel has said Pistorius had not shown any remorse and had yet to explain why he fired the fatal shots.

"His remorse and or prospects of rehabilitating could not be tested," Nel argued before Masipa's ruling, referring to Pistorius' decision not to testify at the sentencing hearings.

It was unclear whether the state would appeal Friday's ruling. The National Prosecuting Authority (NPA) spokesman was not available to comment.

Both the Pistorius and Steenkamp families declined to comment following Masipa's ruling.

Pistorius, who had the lower part of his legs amputated when he was a baby, says he fired four shots into the toilet door at his luxury Pretoria home in the mistaken belief that an intruder was hiding behind it.

His defence has argued that his disability and mental stress that occurred in the aftermath of the killing should be considered as mitigating circumstances.

"This trial and this process has been exhausted beyond any conceivable exhaustive process," his main defence lawyer Barry Roux said in a brief rebuttal.

The track star was treated in hospital for wrist injuries earlier this month, but prison officials said Pistorius denied trying to kill himself. The incident coincided with the first day of competition in the Rio Olympic Games.

Friday's ruling raised further division, with South Africans taking opposite sides on the issue in social media.

Legal analysts were equally divided on whether prosecutors would appeal Masipa's ruling to the supreme court.

"In my experience over the years, the Supreme Court of Appeal has placed a lot of confidence in our High Courts, and I must say, I would be surprised if they had to accept the petition," said Johannesburg-based lawyer Ulrich Roux.

Criminal law attorney Zola Majavu said the state had a chance of success if they appealed to the supreme court.

"Remember it was the same SCA that overturned her conviction on culpable homicide. So if I were in Gerrie Nel's shoes I would persist so that the SCA can pronounce on the matter," he said. (Additional reporting by Zimasa Mpemnyama; Writing by James Macharia; Editing by Dominic Evans)</s>A legal challenge to Oscar Pistorius’ “lenient” six-year murder sentence was today rejected for having “no reasonable prospects of success”.

A South African judge refused state prosecutors permission to appeal the Paralympic gold medallist's jail term for murdering his girlfriend Reeva Steenkamp in 2013.

Judge Thokozile Masipa Masipa sentenced Pistorius in July but the prosecution argued that the decision was too lenient.

Pistorius' defence argued that the state was prejudiced and had dragged the case on for too long.

"I'm not persuaded that there are reasonable prospects of success on appeal or that another court may find differently," she said in her ruling.

"For that reason, I grant the following order: The application for leave to appeal is dismissed with costs."

Prosecutor Gerrie Nel, who had sought 15 years for Pistorius for the murder conviction, told reporters at the hearing he could not comment.

It was not immediately clear whether the state would now directly petition the Supreme Court of Appeal.

Nel has said Pistorius, who did not attend Friday's hearing, had not shown any remorse and had yet to explain why he fired the fatal shots.

But Pistorius’ backers maintain that he did not intend to kill Steenkamp.

Pistorius, who had the lower part of his legs amputated when he was a baby, says he fired four shots into the toilet door at his luxury Pretoria home in the mistaken belief that an intruder was hiding behind it.

His defence has argued that his disability and mental stress that occurred in the aftermath of the killing should be considered as mitigating circumstances.</s>A legal challenge to Oscar Pistorius’s ‘shockingly too lenient’ six-year jail term for murdering Reeva Steenkamp was today rejected for having ‘no reasonable prospects of success’.

A Pistorius family source greeted the news ‘with great relief’ and welcomed the judge’s ‘humanity’ after accusing prosecutors of having ‘a personal vendetta’ against the shamed athlete.

Prosecutor Gerrie Nel spent almost an hour arguing against ‘the injustice’ of Pistorius’ prison sentence in the latest round of legal wrangling in pursuit of the runner, which was described as ‘ego driven and unprofessional’ by one of the Blade Runner’s relatives.

Mr Nel told Judge Thokozile Masipa that she had misdirected herself in law by handing down a punishment that was less than half of South Africa’s prescribed minimum 15-year sentence for murder.

The 29 year-old track star, who was treated for injuries to his wrists two weeks ago in what prison sources claimed was a self-harming incident in his cell, was not in court for the 80 minute hearing.

Judge Masipa, who presided over the paralympian’s trial, took a little over an hour to decide that the state’s case was not worthy of referring to her superiors in South Africa’s Supreme Court of Appeal as there would be ‘little chance’ of senior judges arriving at a different punishment for Pistorius.

A relative of the runner’s told MailOnline, ‘Judge Masipa is not a sissy, thank god. She can stand up to Nel. She knows the case, she knows the law. She is a serious legal mind and won’t be bullied into changing it.’

Although today’s result will bring some relief to Pistorius and his family, the state may still petition a higher court over the matter.

Mr Nel, known as the ‘pitbull’ for his confrontational style of questioning witnesses, told the judge that he had found six ‘misdirections’ in her sentencing of Pistorius for the 2013 murder of Reeva, which resulted in a punishment that ‘induces a sense of shock.’

The prosecutor told the court that the judge had over-emphasised the athlete’s disability, sense of vulnerability and given undue weight to his expression of remorse and led to a ‘disturbingly disproportionate’ punishment.

‘The court failed to take into account that the accused fired four shots through the door and he never offered an acceptable explanation for having done so,’ Mr Nel told the hearing, adding, ‘there was a massive chasm between regret and remorse’.

Mr Nel told proceedings that the judge had ignored a string of aggravating factors about the murder of ‘an innocent, defenceless woman’.

He said the court should have started at the minimum murder sentence of 15 years when considering its punishment of Pistorius.

‘This induces a state of shock,’ he told the court, bluntly. ‘The deceased died in a horrendous way. That is what bothers Mr Steenkamp [her father].’

Mr Nel concluded his 55 minute argument by stating that Pistorius’ punishment had to be challenged as it set a dangerous precedent for future murder cases.

Neither family was in court for the hearing.

Reeva’s uncle, Mike Steenkamp, said he was ‘not surprised’ at the judge’s ruling.

'It would be impossible for the judge to allow this to back again to the appeal court. I think Barry and June are resigned to the fact that this is the end of the road in this case.

'We didnt think that it had much chance of success from the start. But we have always gone along with whatever the state thought was the right thing to do.

‘The Reeva Steenkamp Foundation is now up and running and the family are just wanting to devote all our energies to that now, and leave this legal matter behind us.

'We move forward in Reeva’s memory and to do good things for other women, that’s what we need to be doing now, not this.’

Today’s hearing was the State’s second challenge of a ruling by Judge Masipa. It first appealed her finding that Pistorius was guilty of manslaughter, for which she sentenced him for five years in jail.

Last year, the judge’s manslaughter verdict was overturned on appeal – but when Pistorius appeared again in her court for sentencing for the more serious crime, Judge Masipa increased his term by just one more year.

A family source told MailOnline the athlete was ‘anxious’ about the proceedings, and was convinced Mr Nel was motivated by a personal grudge against him.

‘It’s a personal thing, a vendetta, Nel is driven by his ego, it’s not right or professional the way that he keeps coming back to this again and again. It clearly has to be personal now, ‘ he said.

Barry Roux, Pistorius’ defence lawyer, echoed the family’s sentiments when arguing against the application to appeal, telling the court ‘enough is enough’.

‘I see a lot of prejudice against the accused coming from the state,’ Mr Roux said firmly, glancing at his opponent across the High Court in Pretoria.

He said the state’s application was an ‘insult’ to the court the state, and their argument did not justify using his client as ‘a ping pong ball’ being sent back and forth between the court houses of South Africa.

Prosecutors had an attitude of ‘punish him, punish him, punish him’ towards Pistorius, the sprinter’s lawyer said.

‘This case has been exhausted beyond the point of exhaustion,’ Mr Roux said, asserting that a higher court would not ‘come to a different finding’ on punishment for his client.

South Africa’s City Press newspaper reported earlier this month that Pistorius had been put on suicide watch following an incident in his cell which had left him needing hospital treatment for injuries to his wrists.

Prison officials told City Press newspaper that the athlete was under 24-hour monitoring, with increased cell visits by warders. Pistorius’ brother Carl denied it was a suicide bid, as sources had claimed. The incident coincided with the first day of competition in the Rio Olympic Games, almost three weeks ago.

Inside sources told the paper that razor blades were found in the disgraced athlete's cell, and that his wrist injuries, described as 'severe', were self-inflicted.

The double-amputee, who is being held at the Kgosi Mampuru II Prison in Pretoria, had told prison officials he sustained the injuries sliding on his wet cell floor, while moving around on his stumps.

According to the newspaper, the injury occurred soon after he had an altercation with prison officials over medication prescribed by state doctors.

The Paralympian had refused to take the medication, saying it was 'toxic' and demanded to be given medication prescribed by his private doctor.

He alleged that the prison official wanted to kill him and demanded to be transferred to another jail.

Warders also raided his cell and found a pair a scissors, prescription drugs and 'toxic pills'.

The National Prosecuting Authority said after the judgment, which surprised many legal observers, that it was ‘considering the options’ left available to take the matter further.</s>When Oscar plays the Castle stage at Victorious this weekend, the north London native will be able to look over and see where he used to play with his childhood best friend.

‘I’ve never played in Portsmouth, but my childhood best friend, her nan lived in Portsmouth, so I used to go and stay in Portsmouth, I went a few times – we went to the pier and the beach and all that.

‘It’s going to be quite nostalgic.’

Oscar released his debut album Cut and Paste in May this year to great reviews. Recorded mostly in his bedroom, it is an eclectic mash-up of styles, and reflects Oscar’s own wide range of influences from indie rock to synth-pop, dance and hip-hop.

Music was a key part of Oscar Scheller’s background – his parents were in new wave act The Regents who scored a hit in 1979 with the song 7Teen.

‘I always looked up to my parents, I always thought they were pretty cool.

‘I was really focused on visual arts – drawing and painting and things like that so I went to art school.

‘I knew music was always going to be part of my life, but I didn’t know how, I didn’t know I would be doing it professionally so it was a nice surprise I think for everybody. I was just totally drawn to the music.’

He has also released a new version of early single Breaking My Phone with up-and-coming rapper Girli, who will be joining Oscar on his autumn tour, which includes a Brighton date.

‘I met Milly (Girli) when she came to a few of my gigs, she started out as a fan, but when she tweeted me I realised she had her own music.

‘I listened to it and really liked it so I asked her to support me at a London show I did and then we met properly.

‘We realised we had a few mutual friends, we’d grown up in the same area, we went to the same school, but she’s a bit younger than me so we’d never connected.

‘ It’s a bit crazy really, and now she’s become one of my best friends, so it made a lot of sense to do a track together.’

So will she be joining him on stage at Victorious?

‘I’m not sure, I need to ask her what she’s up to this weekend – that would be really cool though. I’m trying to get her on stage with me as much as I can.’

Although he plays with a full band at gigs, Oscar put together his debut in classic bedroom-producer fashion.

‘Pretty much all of it was recorded in my room, ‘ he explains, ‘bar the live drums and bass.

‘I went into a studio to record that because I wanted there to be a live presence in there somewhere.’

And he’s already looking at album number two.

‘I’d just finished a demo when you called,’ he tells WOW247. ‘It’s kind of the same process really, just me doing it, but I think I’m going to start working with a producer and to co-write with people and branch out – make it a bit bigger.

‘For me, the most exciting thing about being a recording artist is that you have the potential to progress and discover new things about yourself and your music.

‘For me it’s all about evolution. I wouldn’t want to do the same thing over again as that’s boring, and for me as an artist, that’s not what’s it’s really about.’

Oscar is signed to Wichita Recording, the label that has played host to indie luminaries such as Bloc Party, Yeah, Yeah Yeahs and The Cribs.

After coming to the label’s attention, label head Mark Bowen flew in from LA to meet him.

‘I really got on with him. They were fourth or fifth on my list of dream labels to work with before this – obviously that’s changed now,’ he laughs. ‘I think I was quite naive back then.

‘It was total magic as soon as we sat down, we weren’t talking about business, we were talking ’90s acid house and our favourite hip-hop producers, it was a total meeting of minds, and it was very clear that they should be the ones to bring me into it.

They’ve been incredibly supportive, they’re like family to me.’

Speaking of the US, has he had the chance to play there yet?

‘I’ve probably played more in America than I have in the UK. I’ve been doing little tours, and I did a bigger tour with Bloc Party and The Vaccines which was pretty mad.

‘I’ve done SXSW and the CMJ twice, I’ve been around the block over there. It’s probably my favourite place to play because it’s so mad.’

But he adds like an old pro: ‘But I reckon Portsmouth could give America a run for its money in term of the vibes...’</s>Paralympian Oscar Pistorius was being sent like a ping pong ball between courts and the state’s application for leave to appeal against the five-year sentence should be dismissed with costs.

The murder case of Pistorius had been exhausted beyond the point of conceivable exhaustion.

Counsel for Pistorius Barry Roux SC made this impassioned plea in the High Court in Johannesburg as he opposed the state’s application to extend Pistorius’ jail term to a possible 15 years.

Pistorius was first sentenced to a five-year jail term in 2014 after the High Court in Pretoria found him guilty of culpable homicide for the murder of his girlfriend‚ Reeva Steenkamp‚ on February 14‚ 2013.

He served just over a year of that sentence before being released on parole.

However‚ the state went to the Supreme Court of Appeal (SCA) to get the conviction replaced with the of murder.

In December last year‚ the SCA set aside the culpable homicide conviction and replaced it with that of murder. The SCA sent the matter back to Judge Thokozile Masipa to determine a new sentence.

Judge Masipa sentenced Pistorius to a six-year jail term last month‚ a decision that the state wants to appeal.

Roux accused the state of unnecessarily prolonging the legal process and subjecting Pistorius to continued uncertainty.

Roux argued that Pistorius had been sentenced to an effective eight-year jail term if one considered the year Pistorius spent in prison for the culpable homicide conviction and time spent under correctional supervision from October last year until July this year when he was sentenced again for the murder conviction.

Roux said Masipa should dismiss the application because eight years was not shockingly inappropriate or lenient — “that is what the state wants”‚ Roux said.

In reply‚ prosecutor Gerrie Nel persisted with the contention that the sentence was “shockingly inappropriate” and disputes Roux’s submission that Pistorius had been sentenced to an eight-year jail term.</s>JOHANNESBURG (AP) — A South African judge on Friday dismissed an appeal by prosecutors for a harsher sentence against Oscar Pistorius who was found guilty of murder for killing his girlfriend in 2013.

Judge Thokozile Masipa said the state's appeal to extend the six-year sentence against the 29-year-old double amputee Olympic sprinter had a limited prospect of success.

"I am not persuaded that there are reasonable prospects of success for an appeal," she said in the South Gauteng High Court in Johannesburg.

Pistorius shot Reeva Steenkamp, 29, in the early hours of February 14. He claimed he thought she was an intruder. The state charged that he shot her in anger after an argument. Pistorius was found guilty of murder and sentenced by Masipa to six years in prison.

The sentence was "shockingly light" and that the judge should have used 15-year minimum as starting point as Steenkamp had suffered a "horrendous death," said prosecutor Gerrie Nel.

Pistorius never offered an acceptable explanation for having fired four shots through the toilet door, he said.

The fact that Pistorius fired four shots using hollow point bullets that are designed to inflict maximum damage meant the possibility of death was more likely and should have been an aggravating factor, said Nel.

The state may appeal Masipa's decision at the Supreme Court of Appeals in the city of Bloemfontein, but is yet to indicate whether it will do so.
The Johannesburg High Court rejects an appeal against the sentencing of Oscar Pistorius.