Its not in the interest of justice to entertain Pistoriuss appeal
Oscar Pistorius hopes to appeal the SCA's decision to set aside his culpable homicide conviction.
PRETORIA- State prosecutors have argued that they strongly believe it is not in the interests of justice for the Constitutional Court to entertain Oscar Pistoriuss appeal against his murder conviction.
The state filed its responding papers at the Constitutional Courton Friday where the athlete hopes to appeal the Supreme Court of Appeals (SCA) decision to set aside his culpable homicide conviction.
Pistorius shot and killed his girlfriend on Valentines Day three years ago, claiming he thought she was an intruder.
Advocate Andrea Johnson argues that it is in the interest of justice that Pistorius appears before the trial court to be sentenced for the crime he committed, murder.
She says the SCA correctly identified the trial courts fundamental error that because Pistorius believed that Steenkamp was in the bedroom, he could not be convicted of murder.
Johnson says it is remarkable to note and remains inexplicable that the defence team continues to endorse and persist with this flawed reasoning.
While the defence argued that the SCA failedto apply a specific component of dolus eventualis, the state says the defence has not provided any case law or accepted academic literature to support its argument.
It's now for the Constitutional Court to consider the submissionsand decide whether it will hear the matter.
WATCH: SCA: Oscar murdered Reeva