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JOHANNESBURG.- The judgment in the Oscar Pistorius trial is not well-reasoned and can be appealed on a question of law, a legal expert said yesterday.
“In my view . . . that judgment isn’t very well reasoned and I also don’t think it would stand up to constitutional scrutiny,” Wits law professor James Grant said.
However, the State could encounter a “hurdle” because of the Supreme Court of Appeal case, State vs Seekoei, which limited the State’s right of appeal. The 1982 Seekoei case held that the State could not appeal if a conviction was made on a competent verdict.
“It (the Pistorius judgment) was a competent verdict, he was acquitted of murder and convicted on a competent verdict,” Grant said.
If the NPA could overcome the Seekoei issue and is given the opportunity to appeal, two things could happen.
“The question comes whether the appeal is heard in the SCA restricted to the record – and this would be my preference, it’s only fair and right – or whether it is sent back to a different high court to retry the case entirely.
“This (retrial) is not impossible,” he said.
Grant said prosecutor Gerrie Nel had asked for his advice on whether the State should appeal. I can confirm Advocate Nel has consulted me for advice and assistance if he appeals. I have advised that he should appeal and agreed to assist,” he wrote earlier on social networking site Twitter. – Sapa.
Online Reporter