Oscar Pistorius seeks early prison release in new legal battle to force parole hearing

31 August 2022, 16:19 | Updated: 31 August 2022, 16:20

Oscar Pistorius to go to court seeking to force early prison release
Oscar Pistorius to go to court seeking to force early prison release. Picture: Alamy

By Cameron Kerr

Oscar Pistorius, who was convicted of murder for killing his girlfriend in 2013, has begun a legal battle to force South African authorities to hold a parole hearing, in a dispute over when his sentence started.

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Pistorius, a former Paralympic gold medallist, is serving a 13 year sentence after he shot dead Reeva Steenkamp through a locked toilet door, claiming he mistook her for a burglar.

A series of challenges and rulings by the Supreme Court of Appeal (SCA) has led to confusion about when his sentence became effective, with Pistorius arguing he has already served enough time in prison to be eligible for parole.

Pistorius was convicted of murdering his girlfriend at his home on Valentines Day at his home in Pretoria.
Pistorius was convicted of murdering his girlfriend at his home on Valentines Day at his home in Pretoria. Picture: Alamy

In 2017, the SCA overturned a previous sentence of six years for Ms Steenkamp's murder, saying he should instead serve 13 years and five months.

The same court ruled last year that his sentence should be backdated to 2014, when he was initially sentenced for a lesser charge of culpable homicide.

Pistorius argues that this backdating means he became eligible for parole in February 2021, and wants Guateng's High Court to order the parole board to convene a hearing for him.

If the request is successful, Pistorius wants the hearing to be held within 30 days of the order being given.

Pistorius is arguing that because of backdated sentencing means that he has been eligible for parole since February 2021.
Pistorius is arguing that because of backdated sentencing means that he has been eligible for parole since February 2021. Picture: Alamy

But Atteridgeville prison, where he is being held, says the court of appeal has given contradictory rulings - and the Department of Correctional Services has also said it is seeking a court judgment to establish the date when his sentence effectively began.

Ms Steenkamp was murdered on Valentines Day nine years ago, in a case that shocked the nation of South Africa.

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During the trail - which was televised and followed by millions of people globally - Pistorius pleaded that he had shot Ms Steenkamp because he believed a burglar had entered his home in Pretoria.

But a panel of appeal judges found that - having armed himself with a deadly weapon - Pistorius should have foreseen that whoever was behind the toilet door might die, especially given his firearms training.