By Michael Pavitt

An appeal against the culpable homicide verdict is now set to be heard at South Africa's Supreme Court of Appeal ©Getty ImagesOscar Pistorius' lawyers have failed in an attempt to block an appeal by South African prosecutors following his conviction for the culpable homicide of his girlfriend Reeva Steenkamp in 2013.


The six-time Paralympic gold medallist claimed that he had shot Steenkamp by accident, after mistaking her for a burglar on Valentine's Day, but was given a five-year prison sentence for the crime in October.

Judge Thokozile Masipa, who presided over the case, allowed South African State Prosecutors to appeal the verdict in December, however the prosecution where not permitted to appeal the athlete's sentence.

Judge Masipa had acquitted Pistorius of both premeditated murder and the less charge of dolus eventualis, better known as common-law murder.

In South African law, the charge applies in the event that the accused knew that they might kill somebody, but preceded to carry out their course of action.

Judge Thokozile Masipa sentenced the six-time Paralympic gold medallist to five years in prison last October ©Getty ImagesJudge Thokozile Masipa sentenced the six-time Paralympic gold medallist to five years in prison last October ©Getty Images



"I cannot say...that the prospect of success at the Supreme Court of Appeal is remote," Judge Masipa said in December, when granting the prosecution the right to appeal.

The appeal now looks set to go ahead in the Supreme Court of Appeal in Bloemfontein later in the year, in which a panel of judges will hear the case.

If the prosecutors are successful in their attempt to appeal the verdict Pistorius could yet be convicted of murder.

Should this be the case, the Paralympic and Olympic sprinter could be faced with a minimum 15-year prison term.

Currently the double-amputee is serving his sentence in Pretoria's Kgosi Mampuru II prison, but may be moved to house arrest in August.

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