After 'bladerunner' Pistorius got off with a relatively light sentence of five years the state prosecutor Nell announced today that they will appeal. No doubt most South-Africans will be happy as the idea that he would get away with possibly just 10 months in jail didn't go well.
The reason for the light sentence was that the judge didn't find Pistorius guilty of premeditated murder, in other words she was convinced he didn't have the intention to kill his girlfriend Reevan Steenkamp. Understandable as there were only two witnesses and one is dead now and the other not willing to testify against himself. Circumstantial evidence wasn't considered strong enough to convict him from willingly murdering Reeva.
However the presiding judge also ruled that he didn't have the intention to kill the person in the toilet. He shot four times through the door from close range which experts agree is very likely to kill any person sitting or standing there. In so called 'Dolus eventualis' you are guilty of non-premeditated murder if could foresee that your action is very likely to kill someone. She found the state not convincing in proving this.
Now South-African law is quite different as an appeal doesn't mean the trial will be done all over again. You can only appeal on an issue of law; very similar to Supreme Court appeals or whatever the name of the highest court in any legislation. State prosecutor Nell will claim that the judge was wrong in interpreting this dolus eventualis. Pistorius could have know that shooting into a small cubicle would kill whoever was behind that door.
So we won't see a new parade of all the witnesses, no vomiting Pistorius, no heated cross-examinations. It will be a discussion about interpreting law. No doubt disappointing for the millions who followed the trial and have their own opinions on the guilt of bladerunner.
These very public trials where journalists and cameras record every word, every emotion inevitably lead to an opinion on the guilt of the protagonist. The public doesn't take a month to study all the witness statements in the cool of a judicial chamber. The public verdict is made up based on emotions: how believable is the defendant, how sympathetic the victim, how convincing the rhetoric of the lawyers.
Do you have an opinion on the guilt of Pistorius or do you accept whatever the appeal court decides? And should people always be held responsible for murder when firing at close range #Politics