Pistorius ban on drink, drugs challenged

2013-03-28 11:39
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Oscar Pistorius appeal: inside the courtroom

Murder-accused paralympian Oscar Pistorius will appeal the conditions attached to his release on bail. See scenes from inside the Pretoria Magistrate's Court.

Pretoria - A bail condition that Oscar Pistorius not be charged with violence against women was challenged by his lawyer in the North Gauteng High Court on Thursday.

"The contravention is not whether you are guilty or not guilty, it is whether you have been charged," said advocate Barry Roux.

"We've seen in our lifetime many false charges."

He was challenging condition 3(i) of Pistorius's bail conditions set ahead of his release on 22 February by Magistrate Desmond Nair, following his arrest for the murder of his girlfriend Reeva Steenkamp at his home.

Roux also contested the total ban on alcohol and banned drugs.

"I've never seen this condition in my life," said Roux, submitting that Pistorius did not use drugs, but that there was no factual basis for this condition.

He also challenged a condition that Pistorius not go back to his house at Silverwoods Estate – the scene of the fatal shooting on 14 February.

"The accused can't be stopped to go back to his house indefinitely."

They needed to speak to witnesses and suggested that the condition be only for 30 days.

"It's Pistorius's house, and he wants to go back," said Roux.

Judge Bert Bam said he had a problem because this did not form part of the order handed down by Nair.

Roux proposed that to lift the travel ban imposed on Pistorius, Pistorius's travel documents be given to the investigating officer and he would only give them back under controlled circumstances - with a full itinerary.

Earlier, Roux said the defence only accepted the bail conditions set on February 22 because it was late and a Friday, and regarded them as temporary.

Pistorius was not present for the appeal.

He said during the bail application that he thought there was an intruder in the toilet cubicle when he fired into it. He was horrified afterwards to find that he had shot Steenkamp.

Visit News24's Oscar Pistorius Special Report.

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