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State: Masipa excluded key circumstantial evidence

Prosecutors earlier filed heads of argument in the Oscar Pistorius appeal.

FILE: Judge Thokozile Masipa listens to evidence during the Oscar Pistorius murder trial at the High Court in Pretoria on 9 May 2014. Picture: EWN.

PRETORIA - Judge Thokozile Masipa erroneously excluded critical aspects of circumstantial evidence in Oscar Pistorius's culpable homicide conviction, the State argued in its appeal papers on Monday.

Prosecutors officially filed heads of argument in the Supreme Court of Appeal in Bloemfontein, just days before the athlete is set to be released under correctional supervision.

Pistorius, an Olympic and Paralympic athlete, shot and killed his girlfriend Reeva Steenkamp on Valentine's Day two years ago, claiming he thought she was an intruder.

The State says Masipa adopted a fragmented approach when dealing with circumstantial evidence and excluded certain portions of it.

Documents submitted specifically referred to the location of the fans, the duvet and the denim jeans in the main bedroom.

Prosecutors argue the defence team failed to contest the veracity of the photos and the evidence of two police witnesses.

It says, if the court accepts that certain photos of the athlete's bedroom are a true reflection of the scene as discovered by the police, the court should then reject Pistorius's version entirely.

If that happens, Pistorius will be guilty of murder.

The defence has a month to file its responding papers, with the matter scheduled to be heard in November.

WATCH: The moment Oscar Pistorius learnt his fate - Judge Tokozile Masipa hands down judgment.

Pistorius is expected to swap a cold-walled jail cell for his uncle Arnold's plush mansion in Pretoria's Waterkloof area later this week, days after what would have been Steenkamp's birthday.

While he will no longer be confined to a prison, he will be subject to strict conditions and monitored by a parole officer.

It's understood Pistorius may only leave the mansion to go to church and must be accompanied when doing so.

The parole board sat in June where it authorised Pistorius's placement under correctional supervision.

Steenkamp's parents issued a statement at the time saying, incarceration of 10 months for taking a life was simply not enough.

To read the story of Reeva Steenkamp, click here.

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