The former Paralympic athlete's initial trial was subject to intense public scrutiny, which would "contaminate and confuse" the reliability and objectivity of witnesses and proceedings in a new trial.
Pistorius’s "financial ability" for a new trial was "non-existent", Roux said.
He further faced the risk of double jeopardy in that he would be charged with murder again, on the same facts, a charge of which he was acquitted.
The papers were a response to the State's argument that Pistorius should be found guilty of murdering his girlfriend Reeva Steenkamp. The SCA is expected to hear the matter in November.
Roux said if the SCA agreed with the State's argument, its only approach would be to consider referring the matter for a new trial. The State was arguing, amongst others, that Pretoria High Court Judge Thokozile Masipa incorrectly applied the principle of dolus eventualis when she found Pistorius guilty of culpable homicide.
