Wednesday, 20 February 2013

Prosecutors lay out case against Pistorius


Olympian Oscar Pistorius returned to court on Wednesday to find out if he can be freed on bail after he was charged with premeditated murder in the shooting death of his girlfriend. This is the second day of the bail hearing. Read full story.

Final arguments will start Thursday at 11 a.m. local time.

The hearing has adjourned until Thursday with no decision on bail for Oscar Pistorius.

 Police inspector Botha insists that Pistorius is a flight risk despite being a widely recognized figure. When the magistrate asks if a well-known man with prosthesis would flee, Botha says "yes." That brings slight laughter from the courtroom. Botha's testimony ends.

Defense attorney Roux is questioning an investigator on screams allegedly heard before the shooting.

"I put it to you as fact that there was no female screaming from the house," Roux says.

Defense attorney Roux points out that Pistorius’ forensic team found a spent bullet in the toilet bowl that the police did not discover.

Court is back in session.

Pistorius' defense says there were no signs on Steenkamp's body of an assault or of her defending herself. Botha agrees. The investigator concedes that he could find nothing inconsistent with Pistorius' version of events. The defense accuses investigators of discarding anything supportive of the its positions. Court adjourns for 45 minutes.

The defense says her bladder was empty, which is consistent with going to the bathroom and argues that Steenkamp locked the toilet door after she heard Oscar screaming for help.

Pistorius' lawyer says the substance found was not a steroid but an enzyme - testoconpasupium coenzyme. Botha admits he didn’t read the whole name. Roux tells Botha he should have checked with the pharmacy rather than entering it as evidence.

When defense attorney Roux presses investigator Botha on witness claims of hearing an argument at house, Botha admits the witness' home was 600 meters (almost 2000 feet) away.

Defense attorney Roux says Pistorius had a legal herbal medication, not testosterone, which is a banned substance. He accuses the investigator of introducing untested evidence.

Prosecutor Nel steps down.  Defense lawyer Roux now cross examines investigator Botha.

Investigator Botha says that Pistorius' action was in no way self-defense. Pistorius knew Steenkamp was in the bathroom and shot through the door, he says.

Police describe two other incidents involving Pistorius: A gun discharged at a Johannesburg restaurant and Pistorius asked someone else to take the blame for it, they say. A second incident took place at a racetrack where Pistorius threatened to assault someone.

Investigator says: Two boxes of testosterone and needles found at Pistorius' home. Splatters of blood on the bat, some blood on one cellphone.

Court resumes. The plan of the house is being projected in the courtroom.

Court adjourns for 30 minutes.

Botha describes the scene: He believes a cricket bat was used to break down the bathroom door, part of which was in the bath.

He says shots were aimed at the toilet bowl.

One would have to turn left and fire at an angle to aim at the toilet, he says.

Police also found a fire arm on the bathroom mat as well as two cellphones.

  Prosecutors also say they may file more charges. Police found bullets in a safe inside the house and plan to charge Pistorius with possession of unlicensed ammunition.

Botha says Pistorius  has offshore accounts and a house in Italy.

Botha says that when he arrived at the scene around 4:15 a.m. Valentine's Day, the victim Reeva Steenkamp was dress in a white shorts and a black vest. She had already been declared dead by medics. He argues that if Pistorius left the country, it would be difficult to get him back.

Officer Hilton Botha takes the stand and said he opposes bail for Pistorius, calling him a flight risk. Pistorius sits with his head bowed.

The prosecution says neighbors reported hearing sounds of arguing that went on for an hour and came from Pistorius' home on the morning of the shooting.

Pistorius and the judge are in court. The bail application has begun.

Here are the key players at Pretoria Magistrate Court

Prosecutor – Gerrie Nel.

Defense lawyer – Barry Roux.

Judge – Desmond Nair.

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