Pistorius's lawyer criticises State's case

2013-02-21 14:28
Oscar Pistorius appears at the Pretoria Magistrate's Court on the third day of bail hearing. (Alexander Joe, AFP)

Oscar Pistorius appears at the Pretoria Magistrate's Court on the third day of bail hearing. (Alexander Joe, AFP)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Pretoria - Oscar Pistorius's lawyer sought to dismantle the State's murder case against the athlete at his bail application in the Pretoria Magistrate's Court on Thursday.

"Your worship... the poor quality of the evidence of investigating officer [Hilton] Botha further exposed the disastrous shortcomings of the State's case," argued Barry Roux.

He said there was no evidence of the pre-meditated murder of Pistorius's girlfriend Reeva Steenkamp as alleged by the State, and that it was not mentioned on the charge sheet at all.

'He cared'

The fact that Pistorius carried his shot girlfriend downstairs and called for help showed positive steps to save her life, Roux said.

The fact that he phoned estate manager Johan Stander and Netcare emergency services also meant he was trying to save her life.

It was also "speculative at best" that there may have been an argument, he said.

The origin of the argument was unknown and the theory of the argument was a sign of desperation by the State.

Security estate

Roux also told the court that living in a security complex does not make a person immune to crime and does not tilt the scales in the State's favour.

"Unfortunately, it is not South Africa's best kept secret: crime is not limited to unsecure areas," he said.

It was a "neutral" factor, he said.

Pistorius said he thought a burglar was in the toilet when he shot through the door, killing her.

Earlier, Roux insisted Pistorius did not have a house in Italy, part of the State's contention that he could be a flight risk if granted bail.

Prosecutor Gerrie Nel turned to a feature on Pistorius in glossy women's magazine Sarie, reporting that he did have a house there.

Roux said if Pistorius had wanted to kill Steenkamp he did not need a locked toilet or bathroom.

"He could do it anywhere. There is no evidence that the applicant knew it was Reeva in the toilet," said Roux.

It is up to Roux to show exceptional circumstances why Pistorius should be released after the charge was declared schedule six in terms of the Criminal Procedure Act by magistrate Desmond Nair.

'Poor' investigation

Roux called the police investigation "poor" and said the charge should not even be schedule six, or even schedule five.

Pistorius's version was consistent with the "known evidence", he said.

Before this, the court was stunned by a surprise application by a woman describing herself as an attorney.

She wanted to apply for Pistorius to be sent for a mental examination and for the case to be held in camera.

Nair dismissed this.

There has also been speculation over how the court will handle the news that Botha himself faces an attempted murder charge related to shots fired, reportedly during a police chase.

Nel told Nair the prosecution had not been aware of this.

- SAPA
Read more on:    reeva steenkamp  |  oscar pistorius  |  barry roux
NEXT ON NEWS24X
SHARE:

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
23 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
/Sport
 

Goalkeeper saves five penalties with his FACE!

Nothing, and we mean nothing, will keep goalkeeper Scott Stirling from stopping the ball!

 
 

Men24.com

Hottie of the day: Jesselyn
This invention makes farts smell like chocolate!
11 things men don’t know about their clothes
Hilarious mortal kombat elevator prank!

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Magical Massinga

Spend 5 nights at the gorgeous Massinga Beach Lodge in Mozambique and only pay for 4 from R13 220 per person sharing. Includes return flights, accommodation, transfers and romantic turndown. Book now!

Kalahari.com - shop online today

Save up to 60% on toys!

Don’t miss out on this hot offer, save up to 60% on toys. While stocks last. Shop now!

Festive gifts!

Check out our awesome range of festive gifts to make everyone’s wishes come true. Shop now!

Seen something you like in our catalogue?

Find the perfect gift and save up to R5000 – As seen on the catalogue. Hurry and shop now!

Save up to R2200 on electronics! – As seen in the catalogue

Wishing for tech gadgets this festive? Save up to R2100 on hot tech products at kalahari.com. While stocks last. Shop now!

Up to 35% off books

Save up to 35% on the latest page-turners. While stocks last. Shop now!

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

Horoscopes
Aquarius
Aquarius

The Moon has moved into your sign, emphasizing the need to connect things to work together. There is a tendency to focus too far...read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.








Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.