The easy way round this would be for SA to allow Facts to be included in an Appeal. It happens in other African countries but would need to be enacted very quickly.
Even if it was a solution, or were needed as a solution (because the questions were questions of law) I doubt it would be backdated to cover decisions already made.
Yes, I am sure you are right. Allowing an appeal on "Facts" went through the study phase way back in the early 2000's although it was never finalised. What a shame. I wonder who is going to foot the bill if OP is destitute or whether Roux will continue to work for free? As has been said many times this case could go on for years and you can bet OP will be bailed during this time. Is good old Uncle A going to cough up I wonder?
What is the absolute minimum amount of real jail time OP could get? Yes I know it's supposed to be a 15 yr sentence, but let's assume for a moment that Maspia looks for every loophole or goes with whatever Roux suggests in terms of mitigating factors regardless of how ridiculous they may be.
Could OP be down to, essentially, just another 10 months in prison (i.e. "a 5 year prison sentence" then house arrest after that to make up the difference between 10 months and 5 years)?
Via Twitter Pauli Van Wyk @PaulivW 07/12/15
Breaking: Lawyers for #OscarPistorius want to appeal a point in SCA's judgement #OscarAppeal
Lawyers for #OscarPistorius will apply for leave to appeal; want to test the SCA's judgement with @ConCourtSA
#OscarPistorius' lawyers will argue SCA judges considered questions of fact as opposed to questions of law #OscarAppeal
EDIT: Tweeter is reporter for Netwerk24. However, atm, I have not seen any corroboration from other reporters.
If there is an appeal - this is what we would expect.
Basically a rerun of the SCA appeal.
How do you know Roux is working for free?
(makes a complete mockery of Roux's argument that he couldn't afford a retrial. cough.)
He has said he is working for free.
Barry Bateman ‏@barrybateman · 12h12 hours ago
The pars in the Pistorius judgment which stand out for me
He has said he is working for free.
Of course he should return straight to prison. Otherwise he is yet again being given preferential treatment. Why should any murderer, regardless of status, be allowed to stay out of jail for potentially several months while awaiting sentence? I hope this doesn't happen. It's a mockery if it does.Oscar Pistorius faces immediate return to jail after bail hearing
Court will decide on Tuesday whether athlete (read convicted murderer) must return to prison or if he will be granted bail until sentencing hearing.
The hearing should offer clues as to whether Pistorius intends to appeal against his murder conviction in the constitutional court, and if so on what grounds.
http://www.theguardian.com/world/2015/dec/07/oscar-pistorius-immediate-return-jail-bail-hearing