Shamed Oscar Pistorius’s release date to be decided tomorrow

The parole board review of South African para-athlete Oscar Pistorius is due to take place on Thursday in which a decision will be taken on whether to release him to serve the remainder of his five-year sentence under house arrest for the culpable homicide of his girlfriend.

Roux says mitigating factors that the court should consider before making such an order include the extent and time duration of a trial, the complexity of it and the fairness to his client.

His case is expected to before the Supreme Court of Appeal at a date to be set in November, where state prosecutors will seek a retrial.

He is now serving a five-year sentence for manslaughter in a prison in central Pretoria.

Oscar Pistorius’ lawyers have said the Paralympian should not face a second murder trial, accusing prosecutors of persisting with a “failed case”.

The prosecution’s arguments “are an attempt to reintroduce its failed case, ‘ Pistorius” lawyers wrote.

In December 2014, Masipa granted the State leave to appeal, saying her culpable homicide verdict was based on her interpretation of the law.

In its papers the State argued Pistorius foresaw his actions could result in someone’s death, he reconciled himself to this and fired four shots through his locked toilet door.

Prosecutors had said Pistorius shot Steenkamp intentionally after a fight.

Pistorius’ lawyers argue prosecutors are wrong to challenge the original verdict, but the Supreme Court should order a re-trial if it agrees with the prosecution. He testified he mistook her for a risky intruder in the pre-dawn hours of Valentine’s Day 2013 and shot in self-defense.

Also, Pistorius’s “financial ability” to aford another trial was “nonexistent”.

Also, because of the high profile of Pistorius’ case, a re-trial would be prejudiced because witnesses would have been affected by the media coverage, his lawyers argued.