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FILE - In this Friday, Oct. 17, 2014 file photo, Oscar Pistorius is escorted by police officers as he leaves the high court in Pretoria, South Africa. Judge Thokozile Masipa listened in court  Tuesday, Dec. 9, 2014, in the appeal case against Pistorius, who was acquitted of murder for killing girlfriend Reeva Steenkamp. (AP Photo/Themba Hadebe, File)
FILE - In this Friday, Oct. 17, 2014 file photo, Oscar Pistorius is escorted by police officers as he leaves the high court in Pretoria, South Africa. Judge Thokozile Masipa listened in court Tuesday, Dec. 9, 2014, in the appeal case against Pistorius, who was acquitted of murder for killing girlfriend Reeva Steenkamp. (AP Photo/Themba Hadebe, File)Themba Hadebe/Associated Press

Oscar Pistorius Prosecutors Granted Appeal, Will Argue for Murder Conviction

Nick AkermanDec 9, 2014

Judge Thokozile Masipa has granted prosecutors leave to appeal the culpable homicide conviction recently handed to Oscar Pistorius case, bringing the South African athlete back under the spotlight after he was cleared of murdering his girlfriend Reeva Steenkamp.

Barry Bateman of Eyewitness News confirmed the decision and what implications it holds for Pistorius, who is currently serving jail time after being found guilty of culpable homicide:

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Pistorius admitted shooting Steenkamp four times through a locked toilet door on Valentine's Day 2013, but maintained he believed she was an intruder.

PRETORIA, SOUTH AFRICA - OCTOBER 17: Oscar Pistorius leaves the North Gauteng High Court after the fifth day of sentencing on October 17, 2014 in Pretoria, South Africa. The defence and the state have now concluded their arguments and the judge will now d

He was cleared of pre-meditated and second-degree murder on Sept. 11, per the Press Association's timeline (h/t Daily Mail), before having a maximum five-year jail sentence confirmed on Oct. 21 after being found guilty of the aforementioned charge, the nation's equivalent of manslaughter.

The prosecution, led by Gerrie Nel, will now have the opportunity to prove murder. Masipa provided the original decision without a jury, but it has since been argued she "misinterpreted the law" when ruling Pistorius didn't deliberately shoot Steenkamp, per BBC News.

Nel branded the judge's decision "shockingly inappropriate" and will now present the prosecution's case in South Africa's Supreme Court of Law. As reported by BBC News, Nel cannot challenge the length of Pistorius' sentence if he fails to prove murder, but journalist Stephanie Findlay outlines exactly how a late murder charge could impact his future:

The double-amputee's defence, led by Barry Roux, opposed the prosecution's request to appeal. Pistorius "could" be out of jail by the time the appeal is heard, as reported by News24.

Should Nel and the prosecution fail to convince court Pistorius is guilty of murder, the 28-year-old's current sentence will be upheld.

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