A South African prosecutor is arguing for an appeal in the case of Oscar Pistorius, saying his manslaughter conviction and five-year sentence for shooting girlfriend Reeva Steenkamp was “shockingly inappropriate.”

Pistorius was not in court Tuesday in Pretoria as prosecutor Gerrie Nel discussed his objections with judge Thokozile Masipa’s October verdict.

Nel says Masipa incorrectly applied a legal principle that would hold Pistorius responsible for murder if he foresaw the consequences of shooting into his locked bathroom door and acted anyway.

The prosecution argued during the trial that Pistorius intentionally shot Steenkamp after an argument, while the athlete maintained that he thought he was shooting at a nighttime intruder.

Masipa ruled that prosecutors did not prove the shooting was premeditated and absolved Pistorius of more serious murder charges.

He is currently serving his five-year sentence for “culpable homicide” at a prison in Pretoria. His lawyers have said he could be released to house arrest within a year.

Pistorius is known as the “blade runner” for his carbon-fiber prosthetic legs.  In 2012, he became the first double amputee to compete in the Olympics.

 
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