Oscar Pistorius bail hearing - day 1

2013-02-19 08:26
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Oscar Pistorius bail hearing

See all the latest pictures from Oscar Pistorius' bail hearing at the Pretoria Magistrate's Court.

Follow updates of Oscar Pistorius's second day in court for his bail hearing at the Pretoria Magistrate's Court.

15:39 - Bail application continues [Wednesday]. NPA says it hopes to wrap up by Friday, tweets Mandy Wiener.

15:15 - Pistorius relatives leave court looking quite sombre, followed by a trail of photographs chasing them down the road, says Mandy Wiener.

15:11 - Media behaving like a mob outside court, swarming to get comment. Crushed - @MandyWiener

15:05 - Horrible scrum outside court as media wait for relatives and lawyers to leave. Legal team walks out without commenting, tweets @MandyWiener.

14:55 – [Pistorius] stands, staring straight ahead, eyes narrowed as magistrate gathers his papers. Nair waits for him to leave so cameras can't [photograph] him.

14:52 - Court adjourned for Tuesday. Back on Wednesday at 09:00.

14:51 - Pistorius will be held at the Brooklyn Police Station. Nel confirms [Tuesday] tonight is the last night he's booked there, tweets Barry Bateman.

14:50 Nel asks for a postponement until [Wednesday] to consult with the investigating officer.

Nair doesn’t have a problem with the request. We reconvene tomorrow at 09:00.

14:49 - Nel: I will call investigating officer Hilton Botha to reply to Oscar Pistorius statement.

14:48 - Roux concludes - this is the evidence we will lead. Nel says he will call the investigating officer, but needs to consult, tweets Barry Bateman.

14:48 - Pistorius lawyers conclude their evidence for bail. But they want the option to lead more evidence after getting information from State.

14:47 - Court is in session.

14:34 - Court breaks after Roux requests a short adjournment.

14:34 - Graham: I suggested driving to see me. Pistorius warned of a car hijacking syndicate in nearby complex so I wouldn't be safe.

14:33 - Roux reading statement from Graham, a lifelong friend of Pistorius. We exchanged WhatsApp messages about cars on 13 February, tweets David Smith.

14:31 Barry Bateman tweets: "Roux reads another statement – he’s trying to show the court the strength of the Oscar / Reeva relationship."

14:30 - Greyvenstein: Reeva confided in me that even though she and Oscar had not been together for very long, she really loved Oscar.

Greyvenstein: In my experience Oscar and Reeva had nothing but love for each other.

14:29 - Greyvenstein: Reeva said she would marry Pistorius if he asked her. She said he was intense but she loved him.

14:28 - Greyvenstein: Reeva told me that she really liked Oscar and they both clicked and understood each other. Pistorius treated her "like gold".

14:26 - Karyn Maughan ?tweets: "Roux now reads out statement from model Sam Greyvenstein, Reeva's best friend."

14:24 - Devaris: Oscar told me Reeva could be the girl he would one day marry. Pistorius [is] in [the] dock struggling to hold back tears, tweets David Smith.

14:23 - Devaris: Oscar would often tell me how much he loved Reeva and she was a fantastic person who understood him. She could be 'the one'.

14:21 - Devaris: They were both taking it slowly as they had come out of previous relationships... They really complemented each other.

Devaris: It was apparent that Oscar and Reeva were immediately attracted to one another. Pistorius said she was a fantastic person.

14:20 - Devaris: Pistorius is a humble, approachable and intelligent man.

14:19 Devaris: we both loved cars and we quickly became friends. We spoke often on the phone.

14:18  - Now a statement from Justin Devaris, tweets Barry Bateman.

14:17 - Alex: Once you get to know Oscar, you find a humble, gentle, sensitive person.

14:14 - Roux reading statement from 'Alex', a close friend. "He always used to tell me how he liked a girl." It was no holds barred.

Alex: In November Oscar told me he met a girl called Reeva and that he'd invited her to the sports awards. Oscar told me Reeva was unlike any other woman he'd dated. They were comfortable around each other and happy.

I never once saw them argue or fight. They were very much in love... It was clear that Oscar really loved her.

14:11 - Nair asks Pistorius if he is satisfied with affidavit. He stands and replies: "Yes sir, yes your worship."

14:10 Pistorius: My continued incarceration will be of "no benefit" to the state. Release would not disturb the public order.

14:09 Pistorius: I am an international sports star, I will not evade my trial. I am willing to surrender my passports should it be a condition of bail." After incident, I did not attempt to flee.
After the shooting I did not flee the scene. I remained until the police arrived.

14:08 - Pistorius: I have no intention to interfere with any witnesses. I have no previous convictions. I am not disposed to violence.

Pistorius: I believe the forensic evidence will prove what I am saying. I used a cricket bat to break open toilet door.

14:07 - Pistorius: "I trust the South African legal system and the facts will show that I did not murder Reeva."

Pistorius: With the benefit of hindsight I realise that Reeva went to the bathroom when I went to close the balcony door.

14:06 Opened toilet door and Reeva was alive. I took her to bathroom, called Netcare, picked her up and went downstairs.

Pistorius: I tried to revive Reeva but she died in my arms. "I am mortified."

14:05 - Pistorius: Reeva was not in bed. That's when it occurred to me she could have been in bathroom. Bathroom door was locked.

14:04 - Pistorius: Because I did not have my legs on I felt vulnerable. I fired shots through the bathroom door and told Reeva to call police.

14:03 - Pistorius: She got into bed and we fell asleep. I have been a victim of crime before. For that reason I keep 9mm gun under the bed.

Pistorius: I went out on balcony and heard a noise in the bathroom. I felt a "sense of terror" rush through me.

14:02 - Pistorius's statement: "I'm acutely aware of violent criminals breaking in. I've got death threats."

13:57 - Pistorius: we were deeply in love and couldn't be happier. I loved her and I know she felt the same way.

13:56 - Magistrate urges Pistorius to compose himself and listen. Says he will give him a few minutes.

13:57 - Barry Bateman tweets: "Nair tells Oscar he needs to concentrate. We adjourn for a few minutes. Nair asks no photos be taken."

13:56 "Nair is going to give him 2 minutes to speak to his family, to regain his composure", tweets Barry Bateman.

13:55 - Karyn Maughan tweets "Nair interrupts court: my compassion as a human being doesn't allow me to continue this."

13:54 – "Reeva had bought me a present for Valentine's Day. We were deeply in love." Oscar sobs.

13:53 - Pistorius: We agreed to spend evening at home. By 22:00 we were in bedroom, she was doing yoga, I was watching TV with prosthetic legs off. At the end of the evening we got into bed.

13:51 - Oscar Pistorius: I deny that I committed murder in the strongest point. Even though I don't have to, I want to deal with these allegations.

13:50 - Pistorius is leaning forward and sobbing. His brother Carl has his hand on his shoulder, tweets Barry Bateman.

13:50 - Pistorius: I earn R5.6m a year. I've never been convicted of crimes.

13:49 - Pistorius: I have no intention to relocate as I love my country.

Andrew Harding tweets: "Criminologist Laurie Pieters tell me SA law is 'a marathon' and she worried about Oscar Pistorius safety in jail."

13:48 Pistorius: I fail to understand how I could be charged with murder let alone premeditated murder as I did not intend to kill my girlfriend.

13:47- "I make this affidavit of my own free will and have not been influenced. Contents [are] true and correct."

13:46 - Pistorius statement: I am an adult male, SA citizen and applicant in this application and seek to be released on bail.

13:45 - Court will now hear what Pistorius says happened on Valentine's Day - through an affidavit.

13:41 – Andrew Harding tweets: "Prosecutor Nel tells me 'a trial within a year' for Oscar Pistorius."

13:41 - Nel: I will apply my mind to application and respond by tomorrow [Wednesday] morning.

13:40 - Roux wants to know what evidence does the state have that Oscar Pistorius attached his prosthetic legs before the shooting?

13:39 - Barry Bateman tweets: "Roux is asking the State to clarify some the claims made in its heads of argument - which witnesses support claims? "

13:38 - Roux: Does the state only rely on facts contained in documents before court? Two, if no, the State must provide that information.

13:37 - Roux: We have five questions for the state. We have asked for the information by tomorrow [Wednesday] morning.

13:37 - Roux first brings an application to do with an accused access to 'reasonable information'. They need additional info, Barry Bateman tweets.

13:35 - Roux addresses the court. He will proceed with an affidavit from Pistorius. It will be read.

13:35 - The magistrate is back in court. Pistorius defence will now begin their case for bail, says Karyn Maughan.

12:45 - The defence and State [are] in the magistrate's chamber possibly discussing whether the bail hearing should proceed today [on Tuesday], tweets Aldrin Sampear.

12:42 - Schedule 6 means Pistorius will have to show "exceptional circumstances" if he wants to get bail, tweets Karyn Maughan.

12:40 - An emotional Pistorius just stood there as cameras kept on flashing...

12:33 - "Magistrate says he could change ruling on premeditated murder at end of hearing," Andrew Harding tweets.

12:33 - Phillip de Wet says: "Given that Oscar Pistorius has serious money, and contacts overseas, any bail amount - if there is any - will likely be outrageously high."

12:31 - David Smith tweets: "Pistorius family grouped in small circle, weeping, arms around each other. Cameras clicking and filming from every angle."

12:32 - Pistorius family and friends hold an impromptu prayer meeting after Nair ruling, says Karyn Maughan.

12:30 - Crucially, Nair says schedule of murder charge that Pistorius faces may change at end of bail application - depending on evidence, tweets @karynmaughan.

12:27 - Pistorius reacts with more tears then leaves court for another break, tweets @BBCAndrewH.

12:26 - Nair: At this point in time, I cannot rule out premeditation. For the purposes of bail - we go Schedule 6.

12:22 Nair: I'm in possession of a charge sheet with a full description of the allegations, I have heads of argument.

12:22 - Pistorius looks up straight to the magistrate as he reads his judgment on the seriousness of the offence, says @AldrinSampear.

12:20: Nair: I'm perplexed why my job wasn't made easier. But it's not impossible for me to deal with this matter.

12:18 - Nair: I find it unfortunate that I have to make a ruling on schedule of this offense. Why didn't the state get a certificate to that effect?

Robyn Curnow from CNN tweets "Utter suspense as family wait for the decision. They shake heads, close eyes in prayer. Oscar bows head. Premeditation?"

12:17 - Nair: Mr Roux took issue with every single one of the state's points to illustrate premeditation...often with the words "so what?"

12:17 – Nair: The State says the only inference is that accused put on his prosthesis, armed himself and shot through [the bathroom] door.

12:16 – Pistorius wipes his eyes with a tissue, seems to be trying hard not to sob audibly. His brother leans forward as if to touch him but too far - @Simmoa

12:15 – Nair: I have received written and oral argument. Nel is relying on objective facts...

12:13 – Nair: SA law has evolved, the Constitution, is different to in the past where high onus on the accused to get bail.

12:13 - Nair: If I rule Schedule 5, the accused only has to show evidence that in the interests of justice permit release.

12:10 - Pistorius appears to have broken down again. His head hangs forward as his brother places his hand on his back. - @barrybateman

12:10 - Nair schedule classification is crucial to outcome of bail application - onus on accused differs.

12:09 - Nair: If I find it was premeditated, the accused has to show exceptional circumstances to be released.

12:08 - Nair starts his ruling on the schedule. Starts with the Criminal Procedure Act...

12:07 - Nair: I am doing this primarily for a safety concern. The court rules still apply.

12:07: Nair says he's made plans with Dept Justice to setup a feed to a neighbouring courtroom...

12:05 - Nair questions why Nel didn't get certificate from National Director of Public Prosecutions to state that Pistorius case was premeditated. Nel: Doing so is controversial.

12:00 - @barrybateman says security guards are trying to deal with people pushing the door open. Nel isn't distracted as he addresses Nair.

12:00 - Apologies I was mistaken before. Pistorius [is/ was] holding a folded tissue earlier not a note. - @AlexCrawfordSky

11:57 - Pistorius looks very red-eyed, says @AlexCrawfordSky.

11:57 - Roux says planned is the same as premeditated. Nair not convinced, reads case law.

11:56: Magistrate tells Nel and Roux that he "has a few questions": first about the use of word "planned" in definition of premeditation.

11:55 - Nair enters the court. The accused is back in the dock. - @barrybateman

11:55 - Magistrate is clearly frustrated with media. He is only allowing Pistorius to come in when he's in court - making it impossible for photos, says @karynmaughan.

11:50 - The magistrate was about to enter, but it appears there's a problem with the recording equipment, tweets @barrybateman.

11:49 - Nair will make his ruling on whether this is schedule five or six offence. If it's five, the bail application could end today [Tuesday]. - @barrybateman

11:47 - Proceedings are about to re-start.

11:42 - Paramedics are out of Pistorius court building - and it's not him. Or related. - @phillipdewet

11:17 - ER24 stretcher and paramedics just went into the Pistorius court building. No idea if it is related. - @phillipdewet.

11:10 - Minister for [Women, Children and Disabled Persons Lulu] Xingwane just left, but not before a quick photo-op with ANCWL demonstrators, says @phillipdewet.

10:57 - Pistorius walks from the court carrying a bottle of water and some white napkins. - @SmithInAfrica

10:56 - Court adjourns. 

10:55 - Nair: The person knew who is the bathroom, won't come out, and shoots - is that premeditated?

10:52 - Legal teams arguing over what constitutes pre-planned. Defence says walking to a bathroom cannot be seen as pre-planned, tweets @AlexCrawfordSky.

10:52 - Roux arguing there is something between spontaneous and premeditated. - @SmithInAfrica

10:51 - Roux: Where does state get witness saying Pistorius put on his prosthesis and walked to the bathroom?

10:50 - Roux: The state argues that because it's not spur-of-the-moment it must be premeditated - it can't be.

10:50 - Pistorius's defence, Roux, now rebuts prosecutor's claims.

10:48 – Nel: Planning is - I ready myself, I get a gun, I make it ready to fire and I walk there to shoot.

10:48 Nel: Pre-plan doesn't means months, weeks or hours.

10:46 - Nel: It was pre-planned up until the time that he shot her. If he felt bad after that, that's something different.

10:44 - Nel: Did I want to scare someone by firing four shots into a small room?" It's the "cold facts" that make it a premeditated murder.

10:44 - Pistorius is squinting at Nel, appears repulsed by what he is hearing, tweets @barrybateman.

10:43 – Nel: It was 03:00 in the morning, a woman in the toilet. If she was there for an urge, why did she lock the door?

10:43 - Nel: The broken door is important... She was there, she locked the door for a purpose, I'm not allowed to give you that purpose now.

10:42 – Nel: We don't know what the accused was thinking, we have cold facts - two people in the house, one locked in bathroom...

10:39 - Nel: There were just two people in the house - why didn't he ask where is my girlfriend?

Nel: This woman was in a 1.4m x 1.4m room, she could go nowhere. When those shots went off it must have been horrific.

10:38 - Nel: "I walk seven metres, I see a bathroom door, I shoot... The motive is to kill."

10:37 - Nel: it wouldn't be correct for me to venture into the motive now. We can say that there was a motive to kill

10:37 - Nel: Steenkamp locked herself into the toilet in the early hours of the morning. There are inferences that can be drawn.

10:34 - Nel: He got up from a bed, put on his prosthesis, armed himself and walked 7 metres." It's not: "There was someone standing over my bed."

10:34 - Roux concludes. Nel stands up: “I'm now more convinced [this is premeditated].”

10:33 – Pistorius blows into his hankie. He's been crying throughout the hearing. He looks exhausted, says @karynmaughan.

10:30 - [Roux] says prosecutor suggests there was an argument: "Has he evidence that this was not a good relationship? He does not."

10:30 - Roux: What is there in the state's case to say he didn't mistake her for a burglar?

Roux: All we know is that she locked the bathroom door and he shot, thinking she was a burglar.

10:28 - Roux: It's not good enough only to allege. You must allege on objective grounds. We have nothing remotely indicative of premeditation.

10:27 - Roux: We say it can never, ever be a schedule six. It's not even a murder.

10:26 - Pistorius breaks down uncontrollably now as his defence suggests he did not know it was Reeva behind [the] bathroom door, tweets @AlexCrawfordSky.

10:25 - Roux suggests that Pistorius broke toilet door to get to Reeva, to help not harm her.

10:24 - Roux: His case is she was shot through the bathroom door. Why would you then break open the door?

10:23 - Roux: How many murders are there in security complexes? There are so many... It gives you a false sense of security.

10:22 - Roux: Does he say the reasonable inference is that he knew it was Reeva behind that door? If that's the State's case, please tell us.

Roux: He shot her through the door - I'll show examples where father[s] shot children through doors thinking [they were] burglar[s].

10:21 – Roux: They found an overnight bag - so what, it's his girlfriend.

10:20 - Roux questions concept of premeditated. "The moment I pick up a gun and shoot, it's 'premeditated'."

10:18 - Roux: We say this is not murder. "We intend to approach this matter on the basis of the interests of justice."

10:15 - Roux citing American jurists who "disagreed strongly" on the meaning of premeditation, claiming it is hard to prove planning.

10:14 - Pistorius defence Roux now dealing with the defence, using case law to argue the question of premeditation. - @barrybateman

10:11 - Pistorius is holding a folded note in his hand, says @AlexCrawfordSky.

10:11 - Roux tells prosecutor: "You have available a draconian procedure."

10:08 - Pistorius's lawyer Barry Roux: the accused has no previous convictions.

Nair warns that Pistorius must not mislead about past offences [and] asks if he understands. Pistorius rises and says: "Yes, your worship."

10:05 - Magistrate asks Pistorius "are you following what’s happening" ... He says faintly "yes, yes", tweets @JacaNews.

10:00 - Nel also questions burglar claim: "Why would a burglar lock himself in the toilet?" - @Simmoa

09:57 - Pistorius's brother Carl kneels on the floor, resting his hand on the right side of the athlete's back. Pistorius staring at the ground. - @SmithInAfrica

09:56 -  Nel: Pistorius got up, put on his prosthesis and walked 7 metres to fire gun.

09:56 - Nel: A passage links [the] bathroom and bedroom. We infer [the] toilet door was locked because it was broken from outside.

Nel: "We say that was all part of the pre-planning. Even if [we] accept [the] burglar story, we say it still constitutes premeditated murder."

09:55 - Pistorius breaks down in tears in court, Sky News reports.

09:53 - Nel: "The deceased arrived between 5 and 6pm [with an] overnight bag and cosmetic bag. The deceased was shot three times while [in] the toilet."

09:50 - Nel: Shots were fired through a closed bathroom door.

09:49 - Nel: “The state only has its own version of the facts. The applicant has not furnished a version of any sort.”

09:49 – Nel: The accused fired four shots, three killed the woman. She locked herself in the bathroom; a shot through [the] door.

09:48 - Nel: Pistorius shot an unarmed innocent woman...she was unarmed and inside a toilet. Pistorius sobs, his head in his hands - @karynmaughan

09:46 - Beeld and Independent Newspapers published images of Pistorius crying - taken in contravention of court order, says @karynmaughan.

09:42 - Gerrie Nel begins by saying he will be arguing for a schedule 6 offence , magistrate asks counsels to approach the bench, tweets @MukelwaH.

09:41 - Magistrate Nair greets Oscar, asks if he is well. He nods as Nair interjects, "considering the circumstances". - @barrybateman

09:37 - As soon as Oscar Pistorius starts to enter court, photographers start shooting. Magistrate protests. - @karynmaughan. @AlexCrawfordSky tweets that Pistorius is wearing a dark blue suit.

09:36 - Magistrate Desmond Nair walks in. Court in session, says @yolandedp.

09:35 - A court official asks us to quiet down. Water is being placed at the magistrate's desk - @barrybateman.

09:30 -ANCWL sings "no bail for Oscar Pistorius". They say he will face the women of South Africa, tweets @Jacanews.

09:28 - Oscar Pistorius's brother deep in conversation with forensic expert Reggie Perumal, expected to provide testimony in defence, says @foxx_photo.

09:24 - The Times reports that drugs and several syringes, still sealed, were found in a bedside drawer in Pistorius's home. Police to probe steroids theory.

09:22 - media cock their heads towards the holding cells at the sounds of jail keys clanging and unlocking. Nothing yet. - @barrybateman

09:20 - A projector is being set up. It looks like it'll be used by the defence team, tweets @barrybateman.

09:17 - One ANCWL poster reads: “Pistorius must rot in jail” - @ewnreporter

09:12 - Court almost dead quiet, chief magistrate can enter any moment, court personnel making some last minute arrangements, says @MukelwaH.

09:08 - Forensic expert Reggie Perumal has arrived in court. He's carrying a large map, tweets @karynmaughan.

09:08 - ANCWL entering court with placards opposing violence against women, says @JacaNews.

09:01: Court official tells media inside Court C there are to be no video pictures allowed when court is in session, says @AlexCrawfordSky.

09:00 - Court official laying down the law - no recordings, no pictures, phones on silent. Behave! Says @BarryBateman.

08:54 - Appears that Oscar Pistorius defence has set up for a PowerPoint presentation in his bail application, says @karynmaughan.

08:51 - Oscar Pistorius father and other friends and relatives sitting here. Cameras waiting for athlete to walk in, tweets @BBCAndrewH from inside the courtroom.

08:48 - Prosecutors have now arrived ... Gerrie Nel seems ready to proceed - media contingent not yet sorted out", tweets @JacaNews.

08:45 - @karynmaughan we are inside. Three near stampedes later. Oscar Pistorius's family, friends fill up first three rows.

08:40 - Crush and confusion outside Oscar Pistorius courtroom as media wades in. I've seen more ruly protest crowds, tweets @phillipdewet.

08:32 - Kenny Kunene gets a hero's welcome at #OscarPistorius case, security guards allow him in without queuing like the rest of us. Unfair, tweets @Peroshni.

08:26 - Snaking queue of journos outside Pretoria Magistrate's Court disintegrates. Dept of Justice will announce which 26 [reporters] have a seat in court, tweets @Simmoa, a correspondent for the Daily Telegraph in the UK.

08:25 - Oscar Pistorius family member controlling who gets to sit in a public gallery. Sign up at back row for "Steenkamp" family, tweets @Peroshni.

08:18 - @Huisgenoot tweets that journalists are climbing over tables.

08:10 - Court officials now asking over 100 journalists to decide among themselves who gets into #OscarPistorius hearing, tweets @karynmaughan.

07:20 - Murder accused paralympian Oscar Pistorius has ducked into the back entrance of Pretoria Magistrate's Court early on Tuesday morning for his bail hearing.

Visit News24's Oscar Pistorius Special Report.

Read more on:    reeva steenkamp  |  oscar pistorius

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