Only Pistorius was screaming - lawyer

2013-02-20 15:49
Oscar Pistorius stands during day 2 of his bail hearing at the Pretoria Magistrate's Court. (Themba Hadebe, AP)

Oscar Pistorius stands during day 2 of his bail hearing at the Pretoria Magistrate's Court. (Themba Hadebe, AP)

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Pistorius bail hearing - day 2

2013-02-20 15:45

Watch Oscar Pistorius being swamped by the media as he appears in the Pretoria Magistrate's Court during the second day of his bail hearing. WATCH

Pretoria - Only athlete Oscar Pistorius was screaming the night he shot his girlfriend Reeva Steenkamp, his lawyer Barry Roux said in the Pretoria Magistrate's Court on Wednesday.

Witnesses could also not say it was Pistorius who was heard arguing, as claimed by witnesses the State said earlier it would call upon.

Roux said one of the residents who gave a statement about screaming lived 600m away.

Investigating officer Hilton Botha said police still needed to measure the distance.

Roux said Pistorius usually slept on the right side of the bed, which faced the balcony.

"But because of the pain in his shoulder that evening he slept on the left side," said Roux.

Overseas property

He also disputed the State's claim of overseas property, submitted to support its claim that he was a flight risk.

"Let's cut it short, he does not have a house in Italy," said Roux.

The defence rounded on the officer investigating the fatal shooting after a brief adjournment for lunch.

Roux began by asking Botha if he stood by everything he said earlier on the shooting at Pistorius's house, which led to Pistorius being charged with murder.

Roux had put it to Botha earlier that Pistorius's version of events could be correct.

Pistorius has said he thought there was an intruder in the house then realised it was Steenkamp.

Botha replied: "I can't say because I have not seen all the forensic statements, but I would say the applicant's version is consistent with the evidence."

Before this, Botha had told State prosecutor Gerrie Nel he believed Pistorius knew Steenkamp was in the bathroom when he fired the fatal shots.


Roux turned his attention to .38 calibre ammunition allegedly found at the home and handed to a defence lawyer.

Botha said he was the investigating officer on the scene, but he did not hand the ammunition over, a photographer did.

The next day, Pistorius's legal team was asked to bring the ammunition back, which they did.

There were no photographs of the ammunition.

"Did you take steps to find out who the owner of the ammunition was?" asked Roux.

When Botha said he had not, Roux said it was Pistorius's father's ammunition.

Roux also got Botha to agree that he did not have facts that Pistorius, a double amputee, attached his prosthetic legs before the shooting.

Forensics missed bullet

Roux said Pistorius's legal team also found a spent bullet in the toilet, not found by police forensics.

Botha said he knew about this.

"If you fire at the toilet door, there is only one direction the bullet can go," said Roux.

He said there was no substance to say it was fired from a distance of 1.5 metres, as Botha had alleged earlier, or that the shots were aimed at the toilet bowl.

During this cross-examination Pistorius's brother Carl, who sat in front with the defence team, was writing things down, his eyes also red and puffy.

- See News24's Pistorius Special Report.

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