LIVE UPDATES: Oscar Pistorius bail appeal

2013-03-28 08:16
Oscar Pistorius (File, AP)

Oscar Pistorius (File, AP)

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13:20 - Phillip de Wet summarises Bam's ruling: "So, having confirmed on the papers: Pistorius can travel anywhere (SA and abroad), can drink alcohol, refuse a drug test, and go home."


13:07 - NPA: We expect Oscar to abide by the bail conditions and we are now focused on finishing the investigation.


12:56 - Phillip de Wet tweets: In short, Pistorius's attorney will hang on to his passport. He can leave the country at one week's notice, must submit itinerary.


12:54 - Court adjourns.

12:54 - Pistorius will have to hand his passport to his lawyer, will be entitled to use it to travel outside SA and must provide itinerary.


12:53 - Bam now reading the order setting aside several conditions and substituting others.


12:52 - Bam: I can find no reason why Pistorius should not be allowed to travel overseas to compete if invited to do so.


12:52 - Bam: The appeal succeeds in terms of conditions listed.


12:51 - Bam: Some conditions imposed without allowing counsel to address the court - this was irregular.


12:50 - Bam repeatedly slams conditions imposed by Magistrate Nair, says many "didn't serve any purpose".


12:50 - Bam also rejects the bail condition that Pistorius not be charged for violence against a woman. State is losing on all counts here.


12:49 - Bam has also thrown out provision that Pistorius can be visited by probation officer day or night. "Absolutely wrong, unfair."


12:49 - Bam slams the magistrate's decision on Pistorius's mental health and emotional state. Says it 'escapes him'.


12:47 - Bam: I find the magistrate's decision not to grant Pistorius the right to use his passport was wrong.


12:47 - Karyn Maughan tweets: Bam outlines all the factors that show that Pistorius isn't a flight risk: his assets in SA, his family in SA, etc.


12:46 - Bam says Nair was wrong on at least some bail conditions. Looks like Pistorius may be getting his travel privileges back, reckons Phillip de Wet.


12:46 -  Bam the law must be applied equally, and it must be guarded that bail not applied as a anticipatory punishment.


12:45 - Bam now turns to the specific conditions that have been appealed against.


12:44 - Pistorius stated in his bail application he needed passport to compete overseas but was willing to give it up.


12:42 - Bam is summarising the arguments from each counsel.


12:39 - Bam: going over the conditions agreed upon between counsel before Nair imposed his conditions.


12:39 - Judge says this court can only interfere if it finds that the lower court was wrong.


12:39 - Bam: this court is not called upon to express any judgment on guilt. Magistrate found he is not a flight risk.


12:38 - Bam: I won't enter into a debate about whether Reeva killing amounts to ultimate form of woman abuse.


12:37 - Judge: There is no evidence on record to suggest there was any abuse prior to the death.


12:37 - Judge: It must be kept in mind that this is a serious charge. Murder is the most serious.


12:33 - Ruling resumes in Pistorius case.


10:54 - Phillip de Wet: "So by about 13:00, Pistorius should know if he'll be allowed to travel easily, or at all, or will have to go to another court first."


10:52 - Nel concludes. Roux is also done. Judgment at 12:30.


10:52 - Nel is done. Roux also takes just thirty seconds to respond.


10:51 - Nel: We intend serving indictments on accused in June and going to trial before the end of the year.


10:50 - Nel: Arrangement with passport could be an administrative burden on the investigating team. Suggests handing it to lawyer.

10:48 - Nel: as far as the travel restrictions, probation officer & correctional supervision goes, the magistrate was not wrong.


10:48 - Bam is zooming in on whether Magistrate Desmond Nair erred by making up his mind on Pistorius before argument was done as grounds, says Phillip de Wet.


10:46 - Bam points out Magistrate Nair appeared to have typed Pistorius's bail conditions before hearing. ”Could it not be said he'd made up mind?"


10:44 - Judge Bam asks Nel about the magistrate having his ruling already typed. Nel can't dispute that.


10:43 - Nel: Pistorius can't offer to surrender his passport, do so, then weeks later argue court was wrong to require him to do so.


10:43 - Nel: the accused agreed that he will not leave the shores of the country. How can appellant claim this is wrong?


10:41 - Nel: We are in the wrong court. Judge: You've said that repeatedly. If you repeat it, it doesn't make it stronger.


10:41 - Nel: Pistorius never stated in bail application that he needed to travel to earn a living. He agreed to give up his passport.


10:40 - Nel using the hypotheses of what happens in five months if there is a world championship that Pistorius is invited to.


10:39 - Nel: He never said 'I will surrender my passport, please build in something that I will get it back'.


10:38 - Advocate Gerrie Nel arguing against the travel request. Judge steps in 'just a moment'.


10:37 - Nel concedes there isn't precedent that says #OscarPistorius /must/ have gone back to magistrate's court, but in this case he should have.


10:36 - Nel on jurisdiction: if bail is denied, you appeal to a higher court. But for alteration of bail conditions, original court holds sway.

10:36 - Nel: if you have problems with the conditions, you go back to the same court, not the appeal court.


10:35 - Roux is done and Adv Gerrie Nel stands up. First thing: We are in the wrong court.


10:35 - Roux and Judge Bam discussing what would work with passport issue. Roux suggests controlled travel and a full itinerary.

10:34 - Judge: What do you suggest about the passport? Should it be handed to the investigating officer? Roux: Yes, my Lord.


10:33 - Roux: [On Wednesday] we received a list of witnesses from the State. We need to go back to the house with him and the witnesses.


10:31 - Roux: The State can't limit Pistorius's access to his house indefinitely. He needs to prepare his defence.


10:30 - Roux: state had right to deny Pistorius access to his house and estate, to investigate - at the time. But that can't be indefinite.


10:29 - Roux: on access to house - there must be a time limit on the State's exclusive access to it.


10:25 - Roux: now to the drugs/alcohol ban. Bam says the magistrate claims it's a standard condition. Roux disagrees.


10:24 - Roux: The accused does not want to do drugs, he does not want to drink. But what was the need to impose conditions?


10:23 - Roux unhappy with Magistrate's order that Pistorius's not be charged with criminal offence. "There are many false charges," he says.


10:23 - Interestingly, Roux is arguing haste in agreeing to surrender Pistorius's passport - but using Magistrate Nair's haste against state - Phillip de Wet.


10:22 - Judge keeps pressing on the issue about whether the magistrate had prepared and typed reasons before judgment delivered.


10:20 - Judge: Is there any evidence to suggest that he was emotionally unstable prior to the incident? Roux: No, my Lord.


10:20 - Roux: Of course [Pistorius] was emotional, but that does not mean he needed to be under correctional supervision.


10:19 - Roux moves on to why Pistorius was effectively put 'under house arrest'. Says there is no foundation of fact to support this.


10:18 - Roux is arguing about whether or not Pistorius agreed to the conditions initially or not.


10:18 - Bam seems puzzled, asking whether Roux is sure the magistrate had his ruling typed already. Roux says it was, tweets Barry Bateman.


10:17 - Roux: The temporary agreement was only because of time. It was not for any other reason.


10:16 - Phillip de Wet: Gerrie Nel seems mildly amused at Barry Roux's argument about temporariness of agreement to surrender Pistorius's passport.


10:16 - Judge Bam points out to Roux that he needs to show that Magistrate Nair was wrong in limiting Pistorius's travel


10:15 - Roux: This was only a temporary arrangement. There was no plans late on a Friday afternoon for him to travel.


10:14 - Now that original agreement by Pistorius to surrender his passport is coming back to bite him. No objection when he faced a jail stay, says Phillip de Wet.


10:12 - Roux points out that it ”may take time” for trial to start.


10:12 - Roux: we don't know how long this case will go on for. Why stop him traveling under conditions?


10:11 - Judge asks what the prospects are of Pistorius competing soon. Roux says not in the near future.


10:10 - Roux: Sole reason why Pistorius wanted to go overseas was to earn an income.


10:06 - Roux: Client [Pistorius] is not insensitive to the matter. He has no intention of jumping on a plane and leaving.


10:06 - Roux: He doesn't want to jump on a plane and travel. Want to be allowed to when the situation arises.


10:05 - Roux doesn't have an issue with handing in handing in passport, but there should be access to it on conditions.


10:05 - Roux cites legislation where, if an appellant is unhappy with conditions, he can appeal to this court.


10:04 - Roux argues Magistrate Nair imposed conditions not agreed on by defense and state, effectively putting Pistorius under house arrest.


10:03 - Roux we don't believe this court does not have jurisdiction, it certainly has the discretion to hear the matter.


10:03 - Roux refers to conditions which amount to house arrest.


10:02 - Roux says he will cover the highlights of the appeal, says Barry Bateman.


10:01 - Advocate Barry Roux kicks off his argument appealing Oscar Pistorius's bail conditions, tweets Karyn Maughan.


9:46 - Pistorius counsel have met Judge Bert Bam in chambers. We should start within the next 20 minutes - Barry Bateman


9:41 - Mandy Wiener: A number of the international media correspondents in court here have now left to go do live crossings about Mandela.


9:26 - Mandy Wiener: Both legal teams are now walking out and it looks like they're heading into chambers.


9:22 - Pistorius's legal team has just walked into court. Advocate Barry Roux is in his black robe. Cameras clicking away - Mandy Wiener.


9:10 - Mandy Wiener tweets: Judge van der Merwe says the media is welcome here. He wrote the practice manual which is very accommodating to the media.


9:09 - Judge Willem van der Merwe says he wants silence during proceedings and is concerned with the record being interfered with, Mandy Wiener says.


9:08 - Deputy Judge President Willem van der Merwe has just called for attention in court and is addressing all media here, Mandy Wiener says.


9:03 - Judge Bam is allowing cameras in court to film this morning's bail argument, tweets @eNCANews.


8:56 - Mandy Wiener says: Investigating Officer Captain Mike Van Aardt is here today watching proceedings.


8:37 - Barry Bateman says the appeal hearing is expected to last about three hours.


8:27 - Phillip de Wet tweets: The count outside... court is a paltry 5 TV cameras and an insulting 1 satellite van. No media circus today.


8:23 - Court officials are asking cameras to move a little further away from the counsel desks. There's room to move here, Barry Bateman says.


8:17 - Prosecuting team of Gerrie Nel and Andrea Johnson have just walked into court 6E here, Mandy Wiener tweets.

Judge Bam used to be a defence advocate for many years and regularly appeared against Advocate Nel in criminal matters, Mandy Wiener says.


8:14 - Aislinn Laing tweets: Oscar Pistorius will not be present in court on Thursday, say his legal team.

 

Visit News24's Oscar Pistorius Special Report.

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