Pistorius not a flight risk - lawyers
2013-03-11 10:32
Blade Runner (eBook) buy now
Johannesburg - Lawyers for Oscar Pistorius have filed an
appeal against bail restrictions imposed on the Olympian, who is charged with
murdering his girlfriend, according to papers released by the Pistorius family
on Monday.
"The conditions appealed against are unwarranted and
not substantiated by the facts," said the appeal, which was filed in
Pretoria on Friday.
The appeal reflected the robust defence strategy of lawyers
for Pistorius, who has been staying at his uncle Arnold's home in a Pretoria
suburb since he was released on bail on 22 February.
It is a delicate balance because the Pistorius family has
also sought to keep a low profile, expressing sorrow for the death of Reeva
Steenkamp on 14 February. Pistorius says he mistakenly shot Steenkamp, thinking
she was an intruder in his home. Prosecutors believe he killed her intentionally
after an argument.
Bail conditions
The Associated Press received a copy of the court papers by
e-mail from representatives of the Pistorius family. The appeal was prepared by
Ramsay Webber, a legal firm based in Johannesburg.
In the papers, lawyers for the double-amputee athlete argued
against the requirement that he surrender all passports and travel documents,
and refrain from applying for such documents pending the end of his case.
The lawyers said evidence presented at the athlete's bail
hearing showed he is not a flight risk and should have the option of travelling
outside South Africa as long as he has official permission.
The appeal also said there was "no basis in fact or in
law" justifying terms under which Pistorius must be supervised by a
probation officer and a correctional official.
Officials will visit Pistorius at his uncle's home at least
four times a month, according to James Smalberger, chief deputy commissioner of
the department of correctional services, who spoke to The Associated Press last
month.
"He's not under house arrest, but his movements need to
be known to us so that we don't pitch there and he's not there,"
Smalberger had said. "We agree on 'free time' normally during the course
of the day, and in the evening we expect him to be home."
Alcohol
The appeal against the bail conditions also objected to the
requirement that Pistorius refrain from using alcohol or any banned substance,
even though he had no intention of doing so.
"The mere use of any substance with alcohol in it will
give rise to a transgression of the wide condition imposed," the appeal
said.
In addition, the runner should be allowed access to the
property at Silverwoods Country Estate where he shot Steenkamp, once the State
completes its investigations there within a "reasonable time limit",
according to Pistorius's legal camp.
"A blanket restriction on speaking to residents is
unfair" and infringes on Pistorius's rights to consult people on the
estate to prepare for his trial, the appeal said.
Chief Magistrate Desmond Nair had set bail at R1m. The
26-year-old track star was also ordered to turn in any guns he owns, and cannot
leave the district of Pretoria without his probation officer's permission.
- See News24's Pistorius Special Report .
- AP
