SCA 'discriminated' against Oscar - court papers
Johannesburg - Oscar Pistorius argues that the Supreme Court of Appeal (SCA) exceeded its jurisdiction by questioning the trial court's factual findings, and could thus not have convicted him of murder.
It also discriminated against him on the grounds of his disability, according to papers his lawyers filed with the Constitutional Court this week.
The SCA should not have reconsidered the trial court’s factual finding, namely that Pistorius genuinely, though erroneously, believed that his and Reeva Steenkamp’s lives were in danger (putative private defence).
Pistorius's lawyers argue that the SCA erred by introducing an objective rationality criterion, of the "rational person".
In doing so, the SCA ignored Pistorius’s subjective state of the mind, in particular his anxiety disorder, his serious physical disability and his feelings of vulnerability.