Pistorius case: Masipa to decide on leave to appeal

The state will today know whether it can take the conviction and sentencing to the SCA for review.

FILE: Oscar Pistorius leaves the High Court in Pretoria. Picture: Christa van der Walt/EWN.

PRETORIA - Judge Thokozile Masipa is expected to announce today whether her conviction of paralympian Oscar Pistorius on a charge of culpable homicide can be reviewed by the Supreme Court of Appeal (SCA).

The state announced after the athlete was sentenced that it would launch the appeal of his conviction as well as his sentence, which it believes is inappropriately lenient.

Pistorius is serving a five-year sentence after being found guilty of culpable homicide in September for shooting his girlfriend Reeva Steenkamp four times through a bathroom door on Valentine's Day last year.

Both the state and the defence in the Pistorius matter submitted their legal arguments to the High Court in Pretoria several weeks ago.

Masipa has already studied the legal arguments and expects only brief argument on the high points from the parties.

Prosecutor Gerrie Nel says Masipa incorrectly applied the legal principal of 'dolus eventualis' to the facts and that Pistorius should have convicted of murder.

The state hopes to convince Judge Masipa that a different court may reach a different verdict.

But defence advocate Barry Roux says the judge got it right and that Nel is launching an application based on the facts of the case which is not permitted.

Masipa is expected to announce her decision today.