Oscar Pistorius: 'I'm going to lose' - athlete's defence lawyer reported to have told prosecution

Former Paralympian was recently released from prison and is currently under house arrest

Erin Conway-Smith

South Africa

Tuesday 03 November 2015 12:30

South African Olympic and Paralympic sprinter Oscar Pistorius leaves the North Gauteng High Court in Pretoria

(Reuters)

Oscar Pistorius's lawyer has reportedly been overheard saying he was going to "lose," immediately after presenting arguments at an appeal hearing for the South African double amputee sprinter.

According to Afrikaans-language media reports, Barry Roux, who represented Pistorius during his trial, was heard telling state prosecutor Gerrie Nel: "But that I am going to lose is a fact."

The context of his remarks, which were made in Afrikaans, are unclear, and Mr Roux has yet to explain.

When approached by Afrikaan Netwerk24 about the remarks, Mr Roux said he “cannot remember exactly” what he had said.

The hearing at the Supreme Court of Appeal in Bloemfontein was broadcast live on radio and television, and Mr Roux's microphone was still on when he is reported to have made the comments.

State prosecutors are seeking to have Pistorius's conviction for culpable homicide (similar to manslaughter) changed to murder, which carries a minimum sentence of 15 years in prison.

Oscar Pistorius: The sentencing in pictures

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1/53Oscar Pistorius: The sentencing in pictures

Members of the South African Police Service with Oscar Pistorius in the back of an armoured police vehicle as he is transported away from the High Court in Pretoria

Oscar Pistorius escorted by south African policemen enters a police van after being sentenced at the High Court in Pretoria

Oscar Pistorius enters a police van after his sentencing at the North Gauteng High Court in Pretoria

Oscar Pistorius is lead away by police and into an armoured vehicle as he is transported away from the High Court in Pretoria

Oscar Pistorius is escorted by south African policemen to a police vehicle to transported to prison at the High Court in Pretoria

Parents of Reeva Steenkamp leave the High Court in Pretoria after Oscar Pistorius was sentenced to 5 years in prison for shooting his model girlfriend Reeva Steenkamp

Pistorius leaves the Pretoria High Court after he is sentenced in Pretoria

Oscar Pistorius is led out of court in Pretoria. Pistorius received a five-year prison sentence for culpable homicide by judge Thokozile Masipais for the killing of his girlfriend Reeva Steenkamp

Oscar Pistorius turns to leave the dock following his sentencing at the high court in Pretoria

Oscar Pistorius holds the hands of uncle Arnold Pistorius and family members as he is taken down to the holding cells by South African police after being sentenced to five years imprisonment for the culpable homicide killing of his girlfriend Reeva Steenkamp at the high court in Pretoria

Oscar Pistorius embraced by his coach Ampie Louw before his sentencing on day six of sentencing procedures at the High Court in Pretoria

Oscar Pistorius's sister Aimee Pistorius looks on during sentencing of Oscar Pistorius at the High Court in Pretoria

Oscar Pistorius listens to his judgement in the Pretoria High Court

Oscar Pistorius stands in the dock as sentence is delivered at the High Court in Pretoria

Judge Thokozile Masipa speaks during the last day of sentencing hearing of Oscar Pistorius at the North Gauteng High Court in Pretoria

Reeva Steenkamp's parents June and Barry Steenkamp arrive in the Pretoria High Court for the last day of Oscar Pistorius sentencing

Oscar Pistorius arrives in court on day six of sentencing procedures at the High Court in Pretoria

Oscar Pistorius arrives for the last day of his sentencing at the North Gauteng High Court in Pretoria

Oscar Pistorius reacts during day five of sentencing procedures at the High Court in Pretoria

Oscar Pistorius cries during his fifth day of sentencing hearing at the North Gauteng High Court in Pretoria

Oscar Pistorius wipes tears during his fifth day of sentencing hearing at the North Gauteng High Court in Pretoria

Oscar Pistorius in the dock during day four of sentencing procedures at the High Court in Pretoria

The sister of Oscar Pistorius, Aimee (L), sits next to her aunt Lois during his sentencing hearing at the North Gauteng High Court in Pretoria

South African Judge Thokozile Masipa waits before the sentencing hearing of Oscar Pistorius at the North Gauteng High Court in Pretoria

Oscar Pistorius sits in court before the fourth day of sentencing proceedings in the high court in Pretoria

Oscar Pistorius arrives for the fourth day of sentencing at North Gauteng High Court in Pretoria

Oscar Pistorius leaves the North Gauteng High Court in Pretoria

Oscar Pistorius on day three of sentencing procedures at the High Court in Pretoria

Oscar Pistorius is comforted by his lawyer Barry Roux, while listening to a family witness's account of her longstanding friendship with Reeva Steenkamp, during his sentencing proceedings at the high court in Pretoria

Barry Steenkamp, father of Reeva Steenkamp, is consoled by his wife June Steenkamp during the sentencing hearing of Oscar Pistorius at the North Gauteng High Court in Pretoria

South African Olympic and Paralympic sprinter Oscar Pistorius arrives at the North Gauteng High Court in Pretoria. Pistorius returned to the court on the third day of sentencing procedures for the negligent killing of his model girlfriend Reeva Steenkamp

June Steenkamp (front) and her husband Barry (L), parents of Reeva Steenkamp, arrive at the North Gauteng High Court in Pretoria on the third day of Pistorius sentencing

Siblings Carl and Aimee Pistorius arrive at the High Court in Pretoria, as their brother Oscar Pistorius appears on the third day of the sentencing procedure

Oscar Pistorius leaves the North Gauteng High Court in Pretoria. He returned to the court for the second day of sentencing procedures for the negligent killing of his model girlfriend Reeva Steenkamp

June Steenkamp leaves the High Court in Pretoria

Barry Steenkamp leaves the High Court in Pretoria

Oscar Pistorius sits in the Pretoria High Court on the second day of his sentencing

Oscar Pistorius makes his way past his ex girlfriend Samantha Taylor as he arrives in the Pretoria High Court for sentencing in his murder trial in Pretoria

Oscar Pistorius hugs his brother Carl Pistorius as he arrives in the Pretoria High Court for the second day of sentencing in his murder trial

Reeva Steenkamp's family arrive at the High Court for the second day of the sentencing of Oscar Pistorius murder trial in Pretoria

A supporter of the death penalty holds a noose outside the North Gauteng High Court in Pretoria

Oscar Pistorius arrives at the High Court for the second day of sentencing in his murder trial in Pretoria

Oscar Pistorius is greeted by an unidentified woman at the end of his first day of sentencing hearing at the High Court in Pretoria

Oscar Pistorius looks down while his psychologist gives evidence during sentencing procedures on a charge of culpable homicide at the High Court in Pretoria

Reeva Steenkamp's mother June Steenkamp during the sentencing of Osar Pistorius in the Pretoria High Court

Oscar Pistorius arrives in court to face sentencing for the shooting death of his girlfriend Reeva Steenkamp

Oscar Pistorius talks to one of his defence lawyers at the High Court in Pretoria

Oscar Pistorius sits after arriving for sentencing procedures on a charge of culpable homicide at the High Court in Pretoria

Prosecutor Gerrie Nel cross-examines a witness during the court appearance of Oscar Pistorius in his sentencing on a charge of culpable homicide at the High Court in Pretoria

June Steenkamp, the mother of Reeva Steenkamp arrives at High Court for the sentencing of Oscar Pistorius murder trial in Pretoria

Barry Steenkamp, father of Reeva Steenkamp, arrives ahead of the sentencing of Olympic and Paralympic track star Oscar Pistorius at the North Gauteng High Court in Pretoria

Barry Roux, Defence lawyer of Oscar Pistorius, arrives at the High Court in Pretoria

Oscar Pistorius arrives at the North Gauteng High Court in Pretoria

The 28-year-old was recently released from prison – in accordance with South African law – and is currently under house arrest.

Pistorius was convicted of culpable homicide, and sentenced to five years in prison, after his girlfriend Reeva Steenkamp was killed in his home in December 2013.

The Independent has approached Barry Roux for comment.

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