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Pistorius conviction to be tested in Supreme Court

Earlier today, the judge granted the state leave to appeal Pistorius's culpable homicide conviction.

FILE: Oscar Pistorius is seen at the High Court in Pretoria on 21 October 2014. Picture: Pool.

PRETORIA - Judge Thokozile Masipa has found that she cannot rule out the possibility that another court may find Oscar Pistorius guilty of murder.

Earlier today, the judge granted the state leave to appeal Pistorius's culpable homicide conviction.

Her decision again places the double amputee in jeopardy of a murder conviction and a possible 15-year jail sentence.

In September, Pistorius was sentenced to five years in prison for shooting and killing his girlfriend Reeva Steenkamp after the state failed to convince Masipa that he intended to kill when he fired shots through a locked toilet door at his luxury Pretoria home and he was found guilty of culpable homicide.

Masipa said that after considering the case law and the state's argument, she was persuaded that questions related to her application of the dolus eventualis principle were indeed questions of law.

She found that another court may reach a different conclusion.

"I can't say that after receiving submissions by counsel that the prospect of success at the Supreme Court of Appeal is remote, if the point succeeds, that might have an impact on the conviction."

However, the judge dismissed the states application to appeal the Blade Runner's sentence.

Earlier, Masipa said she is asserting the independence of the judiciary by stating that public opinion cannot determine matters before court.

The state argued that Masipa should consider the significant public interest in the Pistorius trial when reaching a decision but she quickly dismissed this.

The judge said her decision was based solely on the argument and evidence presented to her.

Video: Justice has prevailed in Pistorius appeal

'OSCAR GREW UP STRONG'

Despite Pistorius's culpable homicide conviction now up for scrutiny in the Supreme Court of Appeal, his father Henke says Pistorius is holding up in prison.

Henke said his son has no choice but to serve his sentence.

"He has to be strong, he grew up like that."

He said the double amputee's past will help him pull through his time behind bars.

"There are a lot of things for a man like him that's not fair."

The athlete's father also said while the ruling has been accepted, the trial shouldn't have taken as long as it did.

Video: 'Oscar is keeping strong'