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Seth Rotherham
  • “Justice Delayed Is Justice Denied” – Day Three Of Oscar Pistorius’ Bail Application Hearing

    21 Feb 2013 by Jasmine Stone in Athletics, Crime, oscar pistorius, Sport
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    This is the third day of the Oscar Pistorius bail application hearing at the Pretoria Magistrates court, it will determine the outcome of Pistorius’ application.

    Proceedings began with the appearance of an unknown woman, who attempted to make an application in court.  The woman, Annamarie (surname unknown), said “her matter relates to Oscar’s mental state”. Annamarie reportedly wanted Oscar Pistorius examined for 60 days by a psychiatrist to determine his sanity at the time of Steenkamp’s death. The woman in question is allegedly the ex-wife of Pistorius’ orthopedic surgeon, Dr Gerald Versveld. Magistrate Nair did not allow the woman to speak, but invited her to launch an urgent application in the High Court if she pleases. Said Nair:

    There are rules and we won’t be hearing any application from anyone other than the counsel involved.

    The news that the investigating officer, Hilton Botha, has murder charges in process against him was placed on record by Gerrie Nel, the State Prosecutor. Nair asked that Botha remain in court, and that he be allowed to speak to Both privately. State Prosecutor, Nel, said to the court:

     We were unaware of the pending case against the Hilton Botha when we called him.

    The court proceedings were put on hold while Investigating Officer Botha was summoned. The Magistrate revisited allegations of Pistorius assaulting women, threatening to break someone’s leg and discharging a firearm in a restaurant. He passed comment on the state’s lack of urgency regarding the acquisition of the detailed phone records.

    Nel presented an article originally published in Sarie magazine, where Pistorius stated that he has a home in Italy. Pistorius’ defense lawyer, Barry Roux, disputed this in court yesterday. The article reads: “I spend four months of the year there (Italy).” Nair ended Botha’s questioning without any mention of his impending murder trial.

    Roux presented his final arguments and asked Nair to reconsider the schedule six offence stating the evidence does not show it was premeditated murder:

    The state bears the onus to show the interests of justice require the applicant’s continued incarceration. The poor quality of the evidence presented by chief investigating officer Botha exposed disastrous shortcomings in the state’s case.

    Roux recanted evidence put forward by the state to prove premeditated murder, and recited case law to show where the requirement for exceptional circumstances were inappropriate. He also stated that the charge sheet “lacks substance” and the reaffirmed that the affidavit of Pistorius is consistent with the evidence collected by the state.

    The court has adjourned for lunch.

    CLICK HERE for the application.

    CLICK HERE for all of the Pistorius coverage, so far.

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