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BLOEMFONTEIN, South Africa (AP) — South Africa’s Supreme Court of Appeal grilled Oscar Pistorius‘ attorney and a prosecutor on Tuesday as it weighed whether to convict him of murder for killing his girlfriend, uphold a lower court’s manslaughter conviction or order a retrial.

Prosecutors say the North Gauteng High Court erred in convicting Pistorius of the lesser charge, saying that he should have known that someone could be killed when the double-amputee Olympian fired four times into a locked toilet cubicle in his home. In the trial last year, prosecutors said Pistorius killed Reeva Steenkamp as she sought shelter in the toilet cubicle during an argument on Valentine’s Day 2013.