Verdict: The Paralympian is now nervously awaiting the decision of the magistrate who will announce this afternoon if he can be freed before trial or if he has to remain in custody...
Hello Friends!
Oscar Pistorius has won his application to be released on bail until the start of his trial for shooting dead girlfriend Reeva Steenkamp.
The Paralympian bent his head and sobbed as Magistrate Desmond Nair delivered his decision following four days of dramatic testimony at Pretoria Magistrate's Court bail hearing.
While courtroom supporters could be heard saying 'yes,' the athlete's weeping family were more subdued and appeared to pray after Mr Nair announced his decision following a 90-minute speech to the court.Pistorius, 26, is charged with one count of premeditated murder over the February 14 killing of the FHM cover girl. He says the shooting was accidental because he thought she was a dangerous intruder inside his home.
Tense: The Paralympian's hands trembled as he said 'good morning, your worship' as the court session began in Pretoria Magistrate's Court, in South Africa's capital
Day of reckoning: Oscar Pistorius is continuing his fight for bail in the fourth day of a dramatic court hearing...
Scrutiny: Miss Steenkamp's Valentine's Day killing has seized the world's attention and there was intense focus today if Pistorius would be released, and if so, with what conditions
Following the verdict, Pistorius was taken down to the cells beneath the court, where he will be processed and released to his family.
During the lengthy hearing, Pistorius looked distraught as Mr Nair summed up the evidence the court has heard, including the Paralympian's own account of what happened when he opened fire.
Mr Nair, who previously described his task as 'unenviable', said there was no suggestion that Pistorius was a flight risk, he did not appear to have a propensity to violence, and there was no evidence that he would interfere with witnesses.
He said that the state only has circumstantial evidence but that 'does not prevent it being schedule six and I will approach it in that vein' - in the legal system schedule six means premeditated murder.
He said Pistorius had 'reached out' in his affidavit describing what had happened, and - pausing before he delivered his final decision to the packed courtroom - said: 'I come to the conclusion that the accused has made a case to be released on bail.'
Decision: Magistrate Desmond Nair spoke following four days of drama at Pretoria Magistrate's Court bail hearing...
But Mr Nair was scathing in discussing Detective Hilton Botha's testimony presented to the court earlier in the week, saying he 'made several errors and concessions during cross-examination.'
He said Det Botha's perception of distance was 'astounding' when he discussed how near witnesses were to Pistorius' home.
He said Det Botha 'blundered' on description of substances by saying testosterone and pointed out he was forced to concede there was a cartridge out in the passage which he had omitted from evidence.
Wiping his brow due to the heat in the court, Mr Nair said Det Botha did not spend as much time as he ought to in order to show Pistorius had a propensity towards violence.
He stated the past incidents as discussed in court were not enough to establish a propensity towards violence.
Nair said said the prosecution did not do enough to establish whether or not Pistorius had a house in Italy.
He explained had that been done, given Pistorius did not mention it in his affidavit, that would have been important. Miss Steenkamp's Valentine's Day killing has seized the world's attention and there was intense focus today if Pistorius would be released, and if so, with what conditions.
He has been held at a police station in Pretoria since last week, but suspects who are denied bail are typically held in a prison.
The fourth day's proceedings began with prosecutor Gerrie Nel admitting the prosecution had interpreted Pistorius' affidavit wrongly.
Mr Nel said the way he read the affidavit was that Pistorius was saying he did not do anything wrong, not even culpable homicide. But he added that it was Pistorius' fault and he should have testified.
Tense times: Oscar Pistorius' father Henke Pistorius, right, with his children Carl, centre,, and Aimee, left, watch as the athlete walks in
Support: His family have sat in the front row everyday this week - at times patting his shoulder and talking to Pistorius as he sat on the bench in front on them...
On display: A 9mm pistol sits beside car keys, a watch and mobile phone on the beside table at Oscar Pistorius's Pretoria home, pictured during a magazine photoshoot in 2010
The prosecutor said Pistorius had the 'money, means and motive' to flee if given bail, and described how WikiLeaks founder Julian Assange was just as well known, but had avoided bail by seeking refuge in London's Ecuadorian Embassy.
He admitted that despite Det Botha's claims that Pistorius has a home in Italy were incorrect, but said he does have access to a house there.
Magistrate Nair interrupted, saying 'Would he be ducking and diving every day? On those prostheses?''Yes,' answered Mr Nel, prompting laughter from the gallery and annoying the prosecutor. He then went on to suggest that Pistorius might change his face to avoid being recognised.
Mr Nel questioned why Pistorius, an apparently 'paranoid man' slept with windows and balcony doors open.
Mr Nel said Pistorius' account that Miss Steenkamp was shot while going to the toilet was 'improbable' - he cited the fact the bullet went through her shorts as evidence she was wearing them when she was shot.
Battle: Defence lawyer Barry Roux conferring with other court attendees during the hearing today...
Replacement: Todat Lieutenant-General Vineshkumar Moonoo, police detective who will take over the Oscar Pistorius case, from Detective Hilton Botha appears at the Magistrate Court in Pretoria
He also brought up the witness testimony that neighbours heard arguments, screams and shots - he questioned why witnesses lie about hearing noise that night.
He conceded that Pistorius cried at the scene, but he argued that was to be expected claiming that his emotion was because he was sorry he had shot her and his career was gone,
He felt sorry for himself, said Mr Nel.
But defence lawyer Barry Roux said it would be difficult for Pistorius to flee as he would struggle with his prosthetic legs, which cannot go unnoticed through airport security, need maintenance and adjustment on a monthly basis, and his own legs need regular medical treatment.
He said that if he were prosecuting he would argue it was culpable homicide, not murder.
'He did not want to kill Reeva,' Mr Roux claimed. The charge here is not that he wanted to kill an unknown burglar, he said.
Flight risk: Prosecutor Gerrie Nel told the court in Afrikaans magazine, Sarie, that features Pistorius and his sister Aimee, he says he has an Italy home
Mr Roux said it makes sense that Pistorius went downstairs to open the front door before carrying Steenkamp's body down, because the security guard is on his way and he wants to let him in.
Mr Roux mocked Mr Nel's argument that Pistorius is a flight risk saying that every time he goes through airport security it causes a commotion.
It is impossible for this man to disappear - his legs need constant maintenance and he needs medical attention for his stumps, he explained.
Yesterday a photo emerged that indicated visitors to the home of Oscar Pistorius were left in no doubt of his need to feel safe.
It shows the silver 9mm pistol he kept on the bedside table next to his car keys, designer watch and remote controls.
It emerged yesterday as the case against Pistorius descended into farce. The detective leading the inquiry was replaced after it was revealed that he has been accused of attempted murder.
The gun was pictured in 2010 during a magazine photo shoot at the Blade Runner’s Pretoria home, where last week he allegedly murdered girlfriend Reeva Steenkamp.
It is not known if it is the gun Pistorius used to kill the 29-year-old model, whom he says he mistook for an intruder.
Step by step: Pistorius' account of how the events unfolded at his upscale Pretoria home on Valentine's Day
Firearms expert David W Dyson said yesterday that it looked like a semi-automatic 9mm Taurus parabellum, the type recovered from the scene.
In his affidavit presented to his bail hearing Pistorius, 26, said: ‘I’ve received death threats. I sleep with my 9mm under my bed.’
The athlete applied for firearms licenses for six more weapons weeks before the shooting.
Yesterday South Africa’s top detective was put in charge of the case after Detective Hilton Botha, who had led the investigation, was removed. It emerged that Botha and two other officers are accused of opening fire on a minibus full of passengers.
Police said charges of attempted murder against Botha had initially been dismissed but were reinstated before he was called to Pistorius’s flat after Miss Steenkamp was shot in the early hours of Valentine’s Day.
Argument: Pistorius' defence said it would be difficult for him to flee as he would struggle with his prosthetic legs, which cannot go unnoticed through airport security...
Botha, who has been accused of bungling the case, will be replaced by Lieutenant General Vinesh Moonoo.National Police Commissioner Riah Phiyega said the Pistorius investigation would now be handled at a national level.
Police Brigadier Neville Malila, of the South African Police Service, said he learnt only on Wednesday that the charges against Botha, dating from 2011, were active again.
He said they were reinstated before Miss Steenkamp’s death and could not explain why Botha, who has not been suspended, had been given the lead role in South Africa’s most high-profile murder inquiry.
Charges: Prosecutors believe that Reeva Steenkamp sought refuge in the bathroom after arguing with the athlete dubbed Blade Runner...
Botha, a police veteran of 24 years, had been embarrassed and ridiculed in the witness box in the packed Pretoria courtroom on Wednesday as he gave confusing and conflicting evidence.
He was accused of contaminating the crime scene in Pistorius’s house and had to backtrack on details such as how far away witnesses were when they heard screaming, shouting and gunshots.
His discomfort continued yesterday as he denied he had been drunk when he opened fire on the minibus and said the incident happened when he and fellow officers had been chasing suspects.
Questioned by defence lawyer Barry Roux, Botha conceded that Pistorius’s version of events – that he fired into the toilet door in a panic thinking an intruder was lurking behind it – was plausible.
He admitted that telephone records from the night of the shooting, including those of Miss Steenkamp, had still not been obtained.
It led to magistrate Desmond Nair observing there appeared ‘a lack of urgency’ in the police case.
Mr Roux stressed: ‘The poor quality of evidence presented by the chief investigating officer exposed disastrous shortcomings in the state’s case.’
Message: Supporters hold signs outside the court on the fourth and final day of Pistorius' bail hearing...
Waiting: One supporter held a sign reading 'Nobody is perfect not even the president/beggar'
Mr Nair had earlier asked: ‘Do you think there will be some level of shock if the accused is released?’ Mr Roux responded: ‘I think there will be a level of shock in this country if he is not released.’
Last night the Pistorius family appeared optimistic.
The athlete’s uncle, Arnold Pistorius, said the Paralympian, who has spent long periods of the bail hearing sobbing with his head in his hands, was eating again after six days and had spent much of his time in custody reading the Bible.
In a clear sign of a change of mood, Pistorius was composed in the dock, with none of the tears of previous days.
Sportswear firm Nike suspended its contract with the athlete yesterday.
Culled from The Daily Mail UK...
xoxo
Simply Cheska...
No comments:
Post a Comment