LIVE UPDATES: Oscar Pistorius bail appeal

2013-03-28 08:16

13:20 - Phillip de Wet summarises Bam's ruling: "So, having confirmed on the papers: Pistorius can travel anywhere (SA and abroad), can drink alcohol, refuse a drug test, and go home."

13:07 - NPA: We expect Oscar to abide by the bail conditions and we are now focused on finishing the investigation.

12:56 - Phillip de Wet tweets: In short, Pistorius's attorney will hang on to his passport. He can leave the country at one week's notice, must submit itinerary.

12:54 - Court adjourns.

12:54 - Pistorius will have to hand his passport to his lawyer, will be entitled to use it to travel outside SA and must provide itinerary.

12:53 - Bam now reading the order setting aside several conditions and substituting others.

12:52 - Bam: I can find no reason why Pistorius should not be allowed to travel overseas to compete if invited to do so.

12:52 - Bam: The appeal succeeds in terms of conditions listed.

12:51 - Bam: Some conditions imposed without allowing counsel to address the court - this was irregular.

12:50 - Bam repeatedly slams conditions imposed by Magistrate Nair, says many "didn't serve any purpose".

12:50 - Bam also rejects the bail condition that Pistorius not be charged for violence against a woman. State is losing on all counts here.

12:49 - Bam has also thrown out provision that Pistorius can be visited by probation officer day or night. "Absolutely wrong, unfair."

12:49 - Bam slams the magistrate's decision on Pistorius's mental health and emotional state. Says it 'escapes him'.

12:47 - Bam: I find the magistrate's decision not to grant Pistorius the right to use his passport was wrong.

12:47 - Karyn Maughan tweets: Bam outlines all the factors that show that Pistorius isn't a flight risk: his assets in SA, his family in SA, etc.

12:46 - Bam says Nair was wrong on at least some bail conditions. Looks like Pistorius may be getting his travel privileges back, reckons Phillip de Wet.

12:46 -  Bam the law must be applied equally, and it must be guarded that bail not applied as a anticipatory punishment.

12:45 - Bam now turns to the specific conditions that have been appealed against.

12:44 - Pistorius stated in his bail application he needed passport to compete overseas but was willing to give it up.

12:42 - Bam is summarising the arguments from each counsel.

12:39 - Bam: going over the conditions agreed upon between counsel before Nair imposed his conditions.

12:39 - Judge says this court can only interfere if it finds that the lower court was wrong.

12:39 - Bam: this court is not called upon to express any judgment on guilt. Magistrate found he is not a flight risk.

12:38 - Bam: I won't enter into a debate about whether Reeva killing amounts to ultimate form of woman abuse.

12:37 - Judge: There is no evidence on record to suggest there was any abuse prior to the death.

12:37 - Judge: It must be kept in mind that this is a serious charge. Murder is the most serious.

12:33 - Ruling resumes in Pistorius case.

10:54 - Phillip de Wet: "So by about 13:00, Pistorius should know if he'll be allowed to travel easily, or at all, or will have to go to another court first."

10:52 - Nel concludes. Roux is also done. Judgment at 12:30.

10:52 - Nel is done. Roux also takes just thirty seconds to respond.

10:51 - Nel: We intend serving indictments on accused in June and going to trial before the end of the year.

10:50 - Nel: Arrangement with passport could be an administrative burden on the investigating team. Suggests handing it to lawyer.

10:48 - Nel: as far as the travel restrictions, probation officer & correctional supervision goes, the magistrate was not wrong.

10:48 - Bam is zooming in on whether Magistrate Desmond Nair erred by making up his mind on Pistorius before argument was done as grounds, says Phillip de Wet.

10:46 - Bam points out Magistrate Nair appeared to have typed Pistorius's bail conditions before hearing. ”Could it not be said he'd made up mind?"

10:44 - Judge Bam asks Nel about the magistrate having his ruling already typed. Nel can't dispute that.

10:43 - Nel: Pistorius can't offer to surrender his passport, do so, then weeks later argue court was wrong to require him to do so.

10:43 - Nel: the accused agreed that he will not leave the shores of the country. How can appellant claim this is wrong?

10:41 - Nel: We are in the wrong court. Judge: You've said that repeatedly. If you repeat it, it doesn't make it stronger.

10:41 - Nel: Pistorius never stated in bail application that he needed to travel to earn a living. He agreed to give up his passport.

10:40 - Nel using the hypotheses of what happens in five months if there is a world championship that Pistorius is invited to.

10:39 - Nel: He never said 'I will surrender my passport, please build in something that I will get it back'.

10:38 - Advocate Gerrie Nel arguing against the travel request. Judge steps in 'just a moment'.

10:37 - Nel concedes there isn't precedent that says #OscarPistorius /must/ have gone back to magistrate's court, but in this case he should have.

10:36 - Nel on jurisdiction: if bail is denied, you appeal to a higher court. But for alteration of bail conditions, original court holds sway.

10:36 - Nel: if you have problems with the conditions, you go back to the same court, not the appeal court.

10:35 - Roux is done and Adv Gerrie Nel stands up. First thing: We are in the wrong court.

10:35 - Roux and Judge Bam discussing what would work with passport issue. Roux suggests controlled travel and a full itinerary.

10:34 - Judge: What do you suggest about the passport? Should it be handed to the investigating officer? Roux: Yes, my Lord.

10:33 - Roux: [On Wednesday] we received a list of witnesses from the State. We need to go back to the house with him and the witnesses.

10:31 - Roux: The State can't limit Pistorius's access to his house indefinitely. He needs to prepare his defence.

10:30 - Roux: state had right to deny Pistorius access to his house and estate, to investigate - at the time. But that can't be indefinite.

10:29 - Roux: on access to house - there must be a time limit on the State's exclusive access to it.

10:25 - Roux: now to the drugs/alcohol ban. Bam says the magistrate claims it's a standard condition. Roux disagrees.

10:24 - Roux: The accused does not want to do drugs, he does not want to drink. But what was the need to impose conditions?

10:23 - Roux unhappy with Magistrate's order that Pistorius's not be charged with criminal offence. "There are many false charges," he says.

10:23 - Interestingly, Roux is arguing haste in agreeing to surrender Pistorius's passport - but using Magistrate Nair's haste against state - Phillip de Wet.

10:22 - Judge keeps pressing on the issue about whether the magistrate had prepared and typed reasons before judgment delivered.

10:20 - Judge: Is there any evidence to suggest that he was emotionally unstable prior to the incident? Roux: No, my Lord.

10:20 - Roux: Of course [Pistorius] was emotional, but that does not mean he needed to be under correctional supervision.

10:19 - Roux moves on to why Pistorius was effectively put 'under house arrest'. Says there is no foundation of fact to support this.

10:18 - Roux is arguing about whether or not Pistorius agreed to the conditions initially or not.

10:18 - Bam seems puzzled, asking whether Roux is sure the magistrate had his ruling typed already. Roux says it was, tweets Barry Bateman.

10:17 - Roux: The temporary agreement was only because of time. It was not for any other reason.

10:16 - Phillip de Wet: Gerrie Nel seems mildly amused at Barry Roux's argument about temporariness of agreement to surrender Pistorius's passport.

10:16 - Judge Bam points out to Roux that he needs to show that Magistrate Nair was wrong in limiting Pistorius's travel

10:15 - Roux: This was only a temporary arrangement. There was no plans late on a Friday afternoon for him to travel.

10:14 - Now that original agreement by Pistorius to surrender his passport is coming back to bite him. No objection when he faced a jail stay, says Phillip de Wet.

10:12 - Roux points out that it ”may take time” for trial to start.

10:12 - Roux: we don't know how long this case will go on for. Why stop him traveling under conditions?

10:11 - Judge asks what the prospects are of Pistorius competing soon. Roux says not in the near future.

10:10 - Roux: Sole reason why Pistorius wanted to go overseas was to earn an income.

10:06 - Roux: Client [Pistorius] is not insensitive to the matter. He has no intention of jumping on a plane and leaving.

10:06 - Roux: He doesn't want to jump on a plane and travel. Want to be allowed to when the situation arises.

10:05 - Roux doesn't have an issue with handing in handing in passport, but there should be access to it on conditions.

10:05 - Roux cites legislation where, if an appellant is unhappy with conditions, he can appeal to this court.

10:04 - Roux argues Magistrate Nair imposed conditions not agreed on by defense and state, effectively putting Pistorius under house arrest.

10:03 - Roux we don't believe this court does not have jurisdiction, it certainly has the discretion to hear the matter.

10:03 - Roux refers to conditions which amount to house arrest.

10:02 - Roux says he will cover the highlights of the appeal, says Barry Bateman.

10:01 - Advocate Barry Roux kicks off his argument appealing Oscar Pistorius's bail conditions, tweets Karyn Maughan.

9:46 - Pistorius counsel have met Judge Bert Bam in chambers. We should start within the next 20 minutes - Barry Bateman

9:41 - Mandy Wiener: A number of the international media correspondents in court here have now left to go do live crossings about Mandela.

9:26 - Mandy Wiener: Both legal teams are now walking out and it looks like they're heading into chambers.

9:22 - Pistorius's legal team has just walked into court. Advocate Barry Roux is in his black robe. Cameras clicking away - Mandy Wiener.

9:10 - Mandy Wiener tweets: Judge van der Merwe says the media is welcome here. He wrote the practice manual which is very accommodating to the media.

9:09 - Judge Willem van der Merwe says he wants silence during proceedings and is concerned with the record being interfered with, Mandy Wiener says.

9:08 - Deputy Judge President Willem van der Merwe has just called for attention in court and is addressing all media here, Mandy Wiener says.

9:03 - Judge Bam is allowing cameras in court to film this morning's bail argument, tweets @eNCANews.

8:56 - Mandy Wiener says: Investigating Officer Captain Mike Van Aardt is here today watching proceedings.

8:37 - Barry Bateman says the appeal hearing is expected to last about three hours.

8:27 - Phillip de Wet tweets: The count outside... court is a paltry 5 TV cameras and an insulting 1 satellite van. No media circus today.

8:23 - Court officials are asking cameras to move a little further away from the counsel desks. There's room to move here, Barry Bateman says.

8:17 - Prosecuting team of Gerrie Nel and Andrea Johnson have just walked into court 6E here, Mandy Wiener tweets.

Judge Bam used to be a defence advocate for many years and regularly appeared against Advocate Nel in criminal matters, Mandy Wiener says.

8:14 - Aislinn Laing tweets: Oscar Pistorius will not be present in court on Thursday, say his legal team.


  • Españyol Mpumi - 2013-03-28 08:34

    ooohhh! Not again. I'm sure News24 can find something more interesting to inform us on!

      Carike Buhr - 2013-03-28 08:43

      There is lots of other stories, just follow them. This case is making history in law with regards to bail applications which is why we find it interesting!!!

      Namudi Makola - 2013-03-28 09:03

      This is very interesting for South Africans and the world at large. How often do u hear of murder suspects challenging their bail conditions?

      bg - 2013-03-28 09:08

      Mpumi, would you rather not know anything? Silly comment

      hayley.fredericks.9 - 2013-03-28 09:21

      So why did you read the article AND comment?

  • Chris Krutch Wall - 2013-03-28 08:53

    Really? Accident or not he killed someone. Bail is par for the course, he's not in a cell - he's lucky. No the conditions are "unfair"? No man.

  • rory - 2013-03-28 09:23

    What language do cameras speak

  • jacqui.daanevanrensburg - 2013-03-28 09:33

    News 24 has Oscar Pistorius on the brain.

  • Liz Cresswell - 2013-03-28 09:51

    Oscar and his council agreed to the bail conditions when the all yelled - "YES", but knew they would then spend taxpayers money to challenge the very conditions that let him out?? I think the Pistorius's have now all gotten used to the idea that Reeva is dead, so just concentrate on his freedom? I suspect we might have to get used to the idea that Oscar will NOT be found guilty with murder or even culpable homicide or "whatever", its all about getting him off scott-free because he "was" a celebrity! I hope the justice system gets it absolutely right this time!

      danele.greyling - 2013-03-28 10:45

      Oh Liz, it wasn't any member of the Pistorius family that yelled "YES" when OP was granted was Mr. Sushi (Kenny whatever his surname is)...just saying...

  • Brendah Kudzai Gwara - 2013-03-28 09:56

    i agree,bail conditions too strict! how many people killed others out there and got such strict conditions? after killing those kids did Jub Jub get conditions as strict as these? just because its Oscar now u grant millions bail ,no alcohol,no leaving pta etc? not fair..

      Natasha Knipe-Carelse - 2013-03-28 10:13

      Brendah, you are such a breath of fresh air. I agree :-)

      danele.greyling - 2013-03-28 10:51

      I agree, the conditions are a bit strict and his bail amount was so over the top! How much bail did the cop(s) have to pay who dragged (and killed) that poor guy behind the polic vehichle??...only R1000!! Anyone who says that OP is getting special treatment, clearly aren't reading the newspapers! Murder is murder, they should set bail the same for all...and not whether you are a 'celebrity' with lots of money in the bank.

  • Sipho Mnguni - 2013-03-28 10:09

    I am no Oscar Pistorius fan, and I hold no brief for him but sometimes people need to understand the due process of law! There's nothing wrong with the accused to appeal bail conditions, it's in the Criminal Procedure Act 51 of 1977. South Africa is constitutional democracy, so everyone has their constitutional right, which is what he is doing. Do get me wrong about this my heart is with the Steenkamps but law need to be followed until one has exhausted all the avenues available to him. I am fully aware that by this comment I am stirring the hornets nest but that's the reason I am studying law. The most important principle of law goes like this: justice must be done and it must be seen to be done!

      John Stanley - 2013-03-28 10:20

      Actually Sipho - you are absolutely correct in law. But this is not about the Pistorius defense case which of course he is entitled to. It is about is own morality and manners. He killed a young lady - that is admitted. He was very lucky to get bail. He should be showing the appropriate remorse now and his conduct should reflect that. Of course he is "entitled" to challenge his bail conditions but they are not onerous and doing so suggests a total lack of remorse and almost certainly an intention to flee and never face trial. He should be grateful that he is not in jail waiting trial like many in South Africa. His conduct undermines his pretense and that of his supporters that he is a decent person. By his own conduct and by this event today - he is not a decent person.

  • Michael Jackwood - 2013-03-28 10:12

    The word 'murder' must always accompany any head line about OP; News24 headline should have read ' NEWS UPDATES: Murder accused Oscar Pistorius bails appeal'

  • Natasha Knipe-Carelse - 2013-03-28 10:16

    Come on Barry Roux, get most of those ridiculous unfair bail conditions reviewed and amended today. Since where in the history of SA has such unfair bail conditions been set for a first time offender? Nogals at 1 million rand bail? I wonder who will be getting the interest accrued monthly on that 1 million? So I guess if its the state then OP's actually paying for this trial himself?

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