Oscar Pistorius has been granted bail by Magistrate Nair of the Pretoria Magistrate’s court. Bail has been set at R1 million.
OSCAR PISTORIUS BAIL HEARING DAY FOUR BLOW BY BLOW
Today was day four of the Oscar Pistorius bail application hearing, where Advocate Gerrie Nel summed up his arguments before Magistrate Nair in the Pretoria Magistrates court, with the State down one Investigating Officer, Hilton Botha.
Adv. Nel led with the defence’s decision to read Pistorius’ affidavit rather than have him take the stand. He felt Pistorius being put before the stand would have convinced the court more than the reading of his affidavit. Magistrate Nair interjected and asked if he was not permitted to bring the application by affidavit, Nel responded stating it was his (Pistorius) choice. Nel claimed that the interpretation of the affidavit being incorrect was then his (Pistorius) own fault. Nel interpreted the affidavit to read “I have done nothing wrong”, again leading the state to think him a flight risk, also mentioned by Nel, was his failure to mention in his affidavit that he had caused the death of Steenkamp. Even if unintentional.
Nel further questioned the fact that Pistorius did not check where Steenkamp was or ask if she was okay before retrieving the gun and moving into the bathroom to shoot the “intruder”. Nel said the burglar “excuse” was an afterthought, something that he had planned to say. This “excuse” Nel said was also used for the planning of the defence before and after the murder.
Nel pointed out that Pistorius has the means to pay bail and as an international athlete, can be accommodated anywhere. The Sarie Magazine interview was reviewed, with Nel saying he may not own a home in Italy but he has access to one. Again the states fear of Pistorius being a flight risk. Which Roux later defended stating that Pistorius’ prosthetic limbs need constant maintenance.
Nel questioned Pistorius’ fear of crime by pointing out that the front door was not locked. He recalled Pistorius’ version of the events where he claimed he first went downstairs to unlock the door then wen back upstairs to fetch Steenkamp to take her downstairs, this version in Nel’s view was improbable. Nel concluded his argument and stated Pistorius should be denied bail.
Nair questioned Nel regarding the type of life Pistorius would lead should he flee, he posed this question in light of Pistorius’ prosthesis. Nel fought back stating that he should not be afforded privileges because of his disability.
Roux started his closing argument by debating the different forms of intent – Dolus Eventualis vs Dolus Directus – the latter being the intent the state is seeking to provide evidence and accuse Pistorius for. Roux said that intent cannot be transferred as mentioned by the state, from intention to kill an intruder to the intention to kill Steenkamp. Roux told the Magistrate that based on his clients version of events the defence would seek a charge of culpable homicide not murder.
Before he handed down the judgment, Nair, first dealt with his reason to not allow the hearing to be televised. He then dealt with the defences plea to change the schedule of the offence, schedule six to schedule five. Magistrate Nair handed down his judgment of the Oscar Pistorius bail application hearing, bail has been granted.
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