Prosecutors petition court to appeal Oscar Pistorius verdict

JOHANNESBURG, South Africa, Dec. 9 (UPI) -- A Johannesburg court began hearing arguments Tuesday concerning an appeal sought by the prosecution in the murder trial of Oscar Pistorius.

Pistorius was found guilty of culpable homicide in September for the shooting death of girlfriend Reeva Steenkamp. South African prosecutors filed an appeal in November to upgrade the conviction to murder, calling his five-year prison sentence "shockingly light."

"I say with utmost respect, too much mercy is shown. Perhaps the element of mercy was over-exaggerated," prosecutor Gerrie Nel told the court Tuesday.

Nel is seeking a minimum 10-year prison sentence.

If the prosecution's appeal is unsuccessful, Nel can directly petition the Supreme Court of Appeals.

The defense maintained throughout the 41-day murder trial that the Olympic track star accidentally shot Steenkamp on the night of Feb. 14, 2013 after the double amputee mistook her for an intruder in his bathroom. The judge determined in her September ruling "The state clearly has not proved beyond reasonable doubt that the accused is guilty of premeditated murder," but "there is no doubt that when the accused fired shots through the toilet door he acted unlawfully."

Nel must prove that the five-year prison sentence was inappropriate given sentencing guidlelines for similar cases.