Top legal minds face off in Oscar bail hearing

2013-02-18 23:06
Gerrie Nel (Picture: Beeld)

Gerrie Nel (Picture: Beeld)

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Johannesburg - The bail application of murder-accused paralympian Oscar Pistorius is scheduled to be heard in the Pretoria Magistrate's Court on Tuesday.

Pistorius was arrested at his Pretoria home early on Thursday morning, after the fatal shooting of his 29-year-old girlfriend Reeva Steenkamp.

He appeared in court on Friday, when the application was postponed, and was held at the Brooklyn police station over the weekend.

The postponement was granted to allow the defence time for further preparation, and to properly categorise the charge against him in terms of the Criminal Procedure Act (CPA).

On Tuesday, there is also expected to be clarity on whether the crime he is charged with falls under section five or six of the act.

Under the act, where an accused is charged with a "serious" or schedule five offence, he may be released only if he produces evidence to satisfy the court that the interests of justice permit his release.

Where an accused is been charged with an "extremely serious" schedule six offence, he may be released only if he produces evidence to satisfy the court that exceptional circumstances exist which, in the interests of justice, permit his release.

The State, represented by Gerrie Nel, will argue that the shooting was pre-meditated.

Nel is no stranger to high-profile cases, having successfully prosecuted former police commissioner Jackie Selebi, who was found guilty of corruption and handed a 15-year prison sentence.

Pistorius' legal team is made up of advocates Kenny Oldwage and Barry Roux SC, and attorney Brian Webber.

Oldwage recently successfully defended Sizwe Mankazana, who was charged with culpable homicide, reckless and negligent driving and driving under the influence of alcohol after he lost control of his vehicle, killing Nelson Mandela's 13-year-old great-grandchild Zenani.

Mankazana was acquitted of all charges related to Zenani's death, due to lack of evidence in November last year.

Steenkamp will be cremated in a ceremony closed to the public and the media in Port Elizabeth on Tuesday.

Visit News24's Oscar Pistorius Special Report.

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Read more on:    kenny oldwadge  |  gerrie nel  |  reeva steenkamp  |  oscar pistorius  |  barry roux
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