We ask Ulrich what will happen if the SCA rules in the States favour will Pistorius have to return to jail, what will happen to his sentence, and will there be a retrial?
No. It could go back to the North Gauteng High Court for evidence to be led in aggravation and mitigation of sentence, but we will not see a trial start afresh that was confirmed by the judges during the appeal.
The Appeal Court could also sentence Pistorius should they wish to do so. The only other court Pistorius will be able to approach, will be the Constitutional Court. He will only be granted leave to approach the Constitutional Court in the event that he convinces the court that his constitutional rights have been infringed upon, Ulrich says.
And although the two judges seemed to be leaning towards the states point of view yesterday, Ulrich says the decision does not only lie with them."
The majority verdict will be the verdict that is handed down by the court, so in other words if three of the five judges say that he should be convicted of murder, then that will be the finding of the court and the majority judgement. If the other two judges say that he should not, it will be regarded as the minority judgement, he says.