October 21, 2014: South African Paralympic athlete Oscar Pistorius holds the hands of uncle Arnold Pistorius (2-R) and family members as he is taken down to the holding cells after being sentenced to five years imprisonment for culpable homicide.
PRETORIA - Oscar Pistorius&39;s lawyers say the State&39;s bid to appeal his murder acquittal is fundamentally flawed, and must be dismissed.
They argue in court papers that the State is appealing a factual finding about Pistorius&39;s intent when he fired the fatal shots at Reeva Steenkamp, rather than a legal finding.
The State can only appeal Judge Thokozile Masipa&39;s legal findings, not her findings of fact.
Pistorius&39;s lawyers argue that Masipa found on the facts before her that Pistorius intended to shoot the intruder he believed was behind his toilet door, but not to kill that person.
She correctly found, they say, that the state failed to prove on the facts of the case that Pistorius subjectively foresaw the possibility of death.
They also argue that the state has failed to make a case that Pistorius&39;s five-year sentence was inappropriate.
The leave to appeal application will be heard on 9 December.