South African state prosecutors are pushing for Oscar Pistorius' conviction to be changed to murder. The case was brought to the Supreme Court of Appeal in Bloemfontein on Tuesday, just two weeks after Pistorius was released on house arrest.

Pistorius was found guilty last year for culpable homicide after fatally shooting his girlfriend Reeva Steenkamp on Valentine’s Day in 2013. The 28-year-old Paralympian was released on Oct. 19 2015 to spend the remainder of his sentence at his uncle’s mansion in Pretoria, just one year into his five-year jail term.

Prosecutors, however, say that the North Gauteng High Court was wrong in convicting Pistorius of a lesser charge, adding that the double-amputee Olympian should have known someone could be killed when he opened fire into a locked toilet cubicle in his home. In his trial last year, the defence noted that Pistorius fired gun shots because he thought an intruder was about to come out of the toilet room.

According to one of the five appeal court judges, Pistorius could still be convicted of murder even if he did not think it was Steenkamp in the cubicle, but knew someone was in there. “Dolus envtualis,” a South African law, has a concept that a person can be convicted of murder if they foresaw the possibility of someone dying through their actions but went ahead anyway.

Prosecutor Gerrie Nel argue that Pistorius intentionally meant to kill whoever was behind the door, while state lawyers have described the sentence as “shockingly light” and “inappropriate” with not enough emphasis placed on the manner Steenkamp died. Prosecutors also argue that Pistorius, who was not present at the court, should have been convicted of murder, and not the lesser offence of culpable homicide, knowing that his actions could be deadly.

“On the objective facts, the accused cannot escape the conviction of murder,” Nel said, reported the Irish Times.

Steenkamp’s mother June attended the session, but did not make a statement. June recently stated she did not want retribution against Pistorius. “The family feels it is inappropriate to comment on this matter while the Appeal Court deliberates,” Pistorius family spokeswoman Anneliese Burgess said, reported the Independent.

The Court of Appeal will now decide if it will uphold the lower court's conviction, order a retrial, or convict Pistorius of murder.

Contact the writer at feedback@ibtimes.com.au , or let us know what you think below.

RELATED STORIES