Pistorius could get more than five years of jail time

South African athlete Oscar Pistorius may get more jail time as his bid to stop the appeal of the five-year jail time handed to him has been dismissed by a South African court.

At the South Gauteng high court in Johannesburg on Friday, Pistorius’ counsel attempted to stop the state’s appeal against the 28-year-old who was sentenced to five years in prison in October 2014.

Thokozile Masipa, the presiding judge, criticised the position of the athlete’s lawyers and rejected their application outright.

“I am not satisfied that this is the correct court to hear this application,” she said.

“For one thing, there is really nothing new in the submissions by counsel for the applicant. In my view, to entertain this application will be tantamount to reviewing my own decision.

“And I also think that procedurally, it would be wrong to grant or refuse this application. Accordingly, the order that I grant in this matte is to strike off the application.”

On February 14, 2013, Pistorius shot Reeva Steenkamp, his girlfriend, dead in what he said was an accident, adding that he meant to eliminate an invader.

He was found guilty of culpable homicide, a charge akin to manslaughter, and sentenced to five years in prison for the shooting.

State prosecutors were granted permission in December to appeal against the verdict, arguing that Masipa misinterpreted the law when she ruled that Pistorius did not murder Steenkamp.

Pistorius’ legal team countered that on the basis that his sentence was based on facts presented during the trial and therefore could not be appealed.

If the appeal is successful, Pistorius could get as much as 15 years jail time.