Pistorius bail hearing under way
2013-02-22 15:07
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Pretoria - The Pretoria Magistrate's Court resumed shortly
after 14:30 on Friday for a ruling on whether paralaympian Oscar Pistorius
would be granted bail.
Pistorius has been charged with the murder of his girlfriend
Reeva Steenkamp on 14 February. In an affidavit he denied it.
Media coverage
Magistrate Desmond Nair started his ruling by explaining his
decision on limiting media coverage of proceedings.
He cited previous legal precedent and said it was time for
the court to embrace the principal of open justice.
But, electronic media created difficulties for the principle
of open justice.
He said electronic media could "distort
proceeding" through intense impact on the viewer, compared with print
media, and editing, which could convey an inaccurate reflection of what
happened.
This was "particularly dangerous" given that audio
recordings did not disclose the fact of editing.
He also noted photographers and cameramen "zooming in,
zooming in on the accused, flashing at will, and I have on my own witnessed
this happening".
He said: "The applicant sometimes comes out of the
police cells, stands in the dock, and perhaps unintentionally a large
contingent of photographers and journalists flash at him and it does raise at
him that the accused is perhaps some kind of species that the world has not
seen before," said Nair.
Nair also said he had raised concerns about Pistorius being
kept at police cells instead of prison during his bail application.
He had allowed Pistorius to be held at the police cells to
avoid delays in his consultations with his counsel, said Nair.
"I do however wish to stress that I am not creating any
precedent," he said.
Evidence
Pistorius sat with his jaw clenched as Nair then summed up
the evidence presented to him during the bail application.
Looking as though he was fighting back tears, Pistorius also
frowned as Nair ran through events.
"He himself phoned Netcare," said Nair.
"He is mortified at the loss of Miss Steenkamp as well
as the pain and suffering of her family," he said.
Nair said Pistorius stood by this version of events and
believed a trial would show he did not mean to murder Steenkamp.
Pistorius had undertaken not to interfere with further
investigations.
Nair stopped as Pistorius cried, while his siblings also
looked upset.
"Are you okay there?" asked Nair, pausing briefly,
then continuing.
Nair then started reading out Pistorius's affidavit.
- Live coverage .
- News24's Pistorius Special Report .
- SAPA
