The Supreme Court of Appeal has purportedly discriminated against Oscar Pistorius, failing to take into account his disability, vulnerability and anxiety, when convicting him of murder.
This is one of the arguments in Pistorius's appeal to have the Constitutional Court overturn the ruling.
As per Times Live, the Pretoria High Court convicted the amputee sprinter of homicide in September 2014 for allegedly murdering his law graduate girlfriend, Reeva Steenkamp. Pistorius has stated in his defense that he thought she was an intruder which had him shoot her that got the model killed.
Pistorius and his team has filed papers on Monday to ask the Constitutional Court to hear his appeal against the SCA's judgment. The athlete's lawyer, Andrew Fawcett, has argued how the disabled sprinter was "incorrectly and unfairly convicted of murder."
The second ground for appeal points to the alleged legal errors of the SCA in its application of the principle of dolus eventualis.
The defendant's team argues that Pistorius did not have the intention to kill in the form of dolus eventualis as the court ruled. Fawcett said that the court only considered the first component of dolus eventualis that regards the accused guilty, as he/she has foresaw the risk of death yet continued the act regardless of the consequences. However, the court allegedly disregarded the second component in which the accused must have known his actions were unlawful.
To this, Fawcett claims that Pistorius acted out of fear, believing that his and Steenkamp's lives were in danger, thus acting in self-defence and therefore lawfully. He added that the SCA erred in considering Pistorius in an objective test of the "rational person" when the SCA should have taken Pistorius's subjective state of mind that was affected by his anxiety disorder, serious physical disability and vulnerability.
"At the time of the incident [Pistorius] was on his stumps, which made him more vulnerable and anxious." Fawcett argued.
Thus by measuring Pistorius's conduct against the objective standard of a rational person, the SCA has therefore unfairly discriminated against the athlete on the grounds of his disability, vulnerability and anxiety.
The state now has 10 days to respond if it plans to oppose the application. Pistorius is under house arrest while the Constitutional Court decides if it will hear the case. The hearing is scheduled for April 18.
