Pistorius bail decision expected

2013-02-22 12:23

Oscar Pistorius in court. (Themba Hadebe, AP)

Pretoria - The outcome of Oscar Pistorius's bail application was expected to be known after lunch on Friday at the Pretoria Magistrate's Court.

Magistrate Desmond Nair adjourned until 14:30 after hearing submissions from the State and defence after Pistorius was charged with the murder of his girlfriend Reeva Steenkamp last week.

The evidence presented to the court was based on an initial report of the crime scene, and the point of the application was to determine whether he should get bail or not.

There was no testimony from Pistorius.

'Probable'

Before the court adjourned, his lawyer Barry Roux said Pistorius's actions after the shooting of Steenkamp were "probable".

Explaining the "frantic moment" when he realised Steenkamp was not in bed after she was shot in the bathroom, Roux said it was "probable" that he ran downstairs to unlock the front door to let help in, after he had phoned the estate manager.

"These are the facts. There is nothing improbable about that," he said.

Referring to the State's submission that he was a flight risk he said: "It's difficult for this man to disappear from this earth. It would be difficult for him to go through airport security.

"His legs need adjustment every month," said Roux.

Every time he goes through an airport there is a commotion and "security bells go off".

"It's far more difficult for a person in the position of the applicant with his known difficulties because he is easier to be identified."

Nel turned down an offer to address the court again, saying he could go on "forever" in his argument opposing bail.

Intention

Earlier, Roux said Pistorius's alleged intention to kill a burglar could not be turned into an intention to kill his girlfriend.

"The question here is how would a reasonable person have acted under the circumstances?"

Nair asked what charge Roux would ask for if an intruder behind the toilet door had posed a threat.

"We would ask for culpable homicide," replied Roux.

State prosecutor Gerrie Nel has argued that Pistorius had intended to kill when he fired his weapon, even if he thought he was shooting at a burglar.

- See News24's Pistorius Special Report.

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- SAPA