Oscar may go free because of pics - Botha

2013-06-02 21:49

Cape Town – The policeman who initially was the lead investigator into the Oscar Pistorius murder case believes the Paralympian could go free because of pictures of the scene.

The leaked pictures of the bloodied bathroom and bullet-riddled door were published by Sky News on Friday.

Hilton Botha, who was one of the first officers on the scene after Pistorius’s girlfriend, Reeva Steenkamp, was shot dead in the Blade Runner’s home, told the Sunday People he believes they were taken within 48 hours of the killing.

Botha said the photos could play into the hands of Pistorius’s defence.

Pistorius, 26, denies murder but admits shooting through the closed bathroom door, believing he was being burgled.

He reappears in court for his next bail hearing on Tuesday.

Botha says the door is critical to the case and he personally ordered it to be removed and sent for analysis.

He said: "It looks like the pictures have been taken one or two days after the scene because on the Saturday [following the shooting] I took it [the door] down and sent it away for forensics.

Botha said the pictures - which also show the door panel smashed in - were not official police pictures and he believed they were taken with a mobile phone.

It means the defence team may have seen raw crime scene photos before they were officially disclosed to lawyers - potentially impeding the police investigation.

Meanwhile, eNCA reports that sports stars and super models are set to feature in Oscar’s trial.

The news channel says on the State’s provisional witness list, are Springbok rugby player Francois Hougaard and model Samantha Taylor.

The list of 27 witnesses also includes a number of Pistorius’s close friends.

Earlier Pistorius received support from an unexpected source - drug trafficker Glen Agliotti, who said it was unlikely that the Blade Runner would get a fair trial.

Agliotti faced prosecution from the same team who are now trying Pistorius.

"I believe they will do anything and everything within their power to try and take Pistorius down, because it's a feather in their cap, it's an endorsement behind their names," Agliotti told eNCA.

"South Africans don’t forgive and they don't forget, so unfortunately for me and for Oscar, you’re almost dead in the water in South Africa because there will always be a stigma attached to you,” he added.

In an interview with The Guardian, Pistorius's aunt, Lois, said he had turned to God for solace and attended church regularly.

"At home he's reading the Bible a lot. Humans make mistakes. None of us is perfect."

His aunt said Pistorius was exercising a lot, adding that they hoped he would compete again some day.

  • Azande Futhi - 2013-06-02 22:02

    I won't be surprised.

      Mawande Mafuza'fulele Mapuma - 2013-06-02 23:38

      I think this Botha is with Oscar! y is he givin a lead hope of goin free,

      WildCatSal - 2013-06-03 00:37

      My gut instinct tells me, every public appearance by ANY of the OP Clan, any leak any photo, anything that is made public is very, very well orchestrated from the highly paid Defence Team... think!

      Peter Fraser - 2013-06-03 06:31

      This will open doors again for Oscar.

      Walter Oldnal Latham - 2013-06-03 06:40

      Something sounds pretty sinister! Botha initially conducted the investigation in a most unprofessional manner and was made to look a complete idiot by the defence advocate. He then resigns from the SAPS and is now expressing his opinions through the media! I hope the NPA doesn't have to rely on his evidence alone!

      Robin Stobbs - 2013-06-03 06:51

      Perhaps that was the intention?

      Micah Faure - 2013-06-03 09:24

      Cheap tactics from the defense team !

      Gideon Van Der Walt - 2013-06-03 15:20

      He killed a person, yes there will be a stigma what do you expect?

      Sandra Rennie - 2013-06-03 15:36

      Says the Cop who screwed up good and solid !!!

      matches - 2013-06-03 17:31

      Transfer the murder case onto the "leaker" .... one sure way to cleanup the NPA and police service....

      Mowela's Arc - 2013-06-03 17:35

      It's the defence that leaked the pics... no doubt about that... the mistrial-seeking-leaking-of-crime-scence-photos-missile that was launched by the defence conveniently a week before proceedings resume... no doubt that will come as card to be played by the defence sooner or later... Classic deviation tactics... better to shock people now than during the heat of the proceedings...

      Mowela's Arc - 2013-06-03 18:50

      /WildCatSal my thoughts exactly Tata...!

      WildCatSal - 2013-06-03 23:08

      @Mowela's Arc?, NOTHING is a coincidence with the top Legal Eagles of OP. Sick!

      Eterni80 - 2013-06-04 15:16

      quote from the movie: A few good Men "it doesn't matter what I know or what I don't know - it matters what I can prove !" this dude is gonna get away with murder.

      Futa Malherbe - 2013-06-14 02:22

      In SA criminals literaly get away with murder each and every day, so much more the ones with money!

  • Emmanuel Neluheni - 2013-06-02 22:09

    So wht wil happen to me if i cn kill someone by a mistake, wil i go free or i wil go to jail cause i dnt hav money

      Kari Pentikainen - 2013-06-02 22:35

      Azande . I agree it is a big big factor but you can change that. ! You can i can't . !

      Graham Brown - 2013-06-03 12:38

      Emmanuel - "yes" to your question. Not because of lack of money, but because you probably won't be able to communicate to the court. So in the meantime, save your pennies, go to school, and learn to speak and write proper English.

      Malefetsane Macdee Ntja - 2013-06-03 13:53

      @Graham Brown, English is not Emmanuel’s mother tongue, you should be thankful he’s trying.........because I doubt if you can even speak or write a sentence in any African language, stupid moron!

      Gift Mogiftana - 2013-06-03 14:52

      @Graham ga o ka bala se ke se kwetseng fa mme wa araba gape, ke gone ke tla dumelana le wena…goseng jalo dula fatshe sematla kwena...

      Jaap du Preez - 2013-06-04 11:35

      Good question Emmanuel. If you kill with intent it would be premeditated murder = anything from 10yrs to life - BUT if you are found guilty on manslaughter charge = anything from 3/5 yrs and even suspended sentence. When evidence is led in mitigation by defence OR the prosecution makes their case against this mitigation the judge will then give his verdict within the parameters of the law. My personal "gut" feeling is that OP will be found guilty on a charge of involantory manslaughter with a suspended jail sentence and a very BIG fine. The case of the prosecution looks VERY weak and they will try to "criminalise" this sad insident by basing their case on sensationalised drivel and perseptions as presented in the "junk/rubbish" press reports.

  • Lynn Skinner - 2013-06-02 22:16

    Convenient to always turn to the Bible. Sorry boet that ain't going to help you.

      Sharon Hamilton - 2013-06-03 05:30

      Good defense lawyers know that how one "appears" definitely has a influence on the outcome i.e. NEVER disrespect the court. It's a show for the court, the bible, clothes, attitude, everything is coached by the defense lawyers to attain at worst a lenient sentence and at best a acquittal, it's all mind games and has nothing to do with the evidence. "Your Honour how could such a mild mannered, god fearing, clean cut, good upstanding citizen, have possibly committed this crime ?".

      Neville Watson - 2013-06-03 07:59

      Same as people who put bible quotes and prayers as Facebook updates. It's all for show.

      Jennifer Johnnie Smith - 2013-06-03 11:53

      Lynn, firstly - anyone can turn to the Lord - you have no say about that. Remember one that - everyone can judge but the one person that will judge you correctly will be God! I don't condemn what Oscar has down and for the life of me never want to go through that but also have some decency for his family as well! Slandering one another is just as bad as a sin! Maybe its a good thing he has turned to the Lord, he needs to know who is his maker and who will provide for him.

      Dave Jackaman - 2013-06-03 13:45

      Be funny if he lands up with a judge from another religion, especially one who is anti Christian !!!

  • Heidi Lundie - 2013-06-02 22:25

    Botha should shut up. I think he is on Oscar's payroll.

      Erich Goosen - 2013-06-03 10:20

      This statement of Botha, if reported correctly, was stupid to say the least. He will be a key witness at the Pistorius trial and I can imagine that the advocate for the defence is going to have a field day when cross-examining Botha. Apart from the wisdom, or otherwise, to remove the door before affording the defence the opportunity to examine the door and to determine the projection of the bullets fired, he will also, as investigating officer at that time, have to explain how unauthorised people gained entrance to take these photographs on a police scene that was supposed to be secured.

      Sandra Rennie - 2013-06-03 10:49

      Heidi, nothing would surprise me. The thing is these photos aren't the real photos from the CSI file. Probably from Botha's cell phone or some other idiot Cop. Oscar murdered Reeva, that's it. The door will be pivotal in this case ! The Prosecutor has as many witnesses lined up who actualy knew what the relationship was between Reeva and Oscar. She did tell her best friend whom she lived with in Johannesburg the ins and outs of Oscar. Gerrie Nel at best is keeping quiet on these pics and Glen Agliotti is the biggest slimeball in South Africa. You just need to read Mandy Wiener's book called KILLING KEBBLE !

      Willa Prinsloo - 2013-06-03 12:49

      @Sandra : get a gps doll, there ain't no CSI in Pretoria

  • Victor Whitepaw - 2013-06-02 22:26

    Hu... The publication of pictures would cause the case to be dropped? Because the defense might have seen the photos prior to being officially released, thus impeding investigation? How? - Because they could alter the testimony? What was said to Police? - Because they could change something at the crime scene? Or is this an attempt to divert focus to what apparently was a messed up investigation from the start. Something the Judge pointed out at the initial bail hearing. Trying to set the stage if this case is thrown out of court.

  • Kari Pentikainen - 2013-06-02 22:29

    No way in hell will a leaked picture/video make you innocent . Poor prosecution will garrantee it though.,

  • Smart Peace - 2013-06-02 22:40

    they were leaked deliberately

      Tersia Louw - 2013-06-03 10:19

      By whom?

      Susanna Opperman - 2013-06-03 11:32

      By Oscar's defense team - of course! How many times must we hear that they haven't had the photos?? Too many times if you ask me....i think he will walk anyway...the state is so pathetic that they most probably will not be able to proof their case because of incompetence...mark my words.

      Jaco Peyper - 2013-06-04 08:32

      I'm glad that Sky News got the photos, it means that a cop in SA got some foreign moola, tax free

  • Smart Peace - 2013-06-02 22:40

    it is him who leaked them

      Tersia Louw - 2013-06-03 10:19

      The defense team didn't have the pics; only the police and prosecution.

  • Diran Pillay - 2013-06-02 22:46

    I hope Oscar is ready for the ride of his life.Guilty or not,I hope he survives.I have a feeling he will go for a couple of years to prison but not for murder.He will be released write a few books and Hollywood will make a movie or two!

      Derick Vorster - 2013-06-03 08:55

      stfu please wise guy.

      Annelene Meterki Minnie - 2013-06-03 09:24

      the (first) movie is already in the pipeline...

      Jaco Peyper - 2013-06-04 08:34

      Hey, Diran, take the Gupta plain up your ars&.

  • Mike Swart - 2013-06-02 23:25

    The evidence will be placed before a judge and perhaps accessors for decision. So no need for the ridiculous frenzy that's seems to swirl around. One of the reasons we need BRAINS and not short sightedness on our bench.

  • nthabiseng.magatikele - 2013-06-02 23:45

    I'm not saying he's guilty or not however,this is what I've been prepared for the unexpected folks!

      Shelle Malan - 2013-06-03 14:28

      He's above the Law ...Guilty or not is of NO consequence... he will walk from this and turn the entire situation to his financial advantage...don't bother to prepare for the unexpected...him walking away scot-free is a certainty, sad as it is, the Truth will never be known!

  • Gerald Mphuthi - 2013-06-03 00:00

    Surely the guy who knew a lot less than how to contaminate the crime scene cannot tell us where this case is heading ...not a chance

  • Chris Clark - 2013-06-03 00:12

    not admissible as evidence - the case may be 'gupturd'

      Malefetsane Macdee Ntja - 2013-06-03 14:01


  • Maleho Mothabeng - 2013-06-03 00:13

    This case is becoming a soap opera and the trail hasn't even begun yet - the state hasn't even declared the full extent of the charges they plan on charging OP with - I'd much rather wait till the trail starts thank you very much!!!

      Derick Vorster - 2013-06-03 18:34

      trail lol. you sir, are a moron.

      Jaco Peyper - 2013-06-04 08:38

      Hahaha Derick, once the 'trail' starts, Maleho is probably not gonna be able to follow it on N24: searching for 'OP Trail', just getting links to The Otter.

  • Oopkop Denker - 2013-06-03 00:19

    Whatever Botha says carries no weight, because we all know he is clueless (or so his cameo in this investigation proved during his testimony on bail). The leaked pictures won't prejudice the case, neither will it prejudice the investigation. Pistorius's legal team will by matter of course also have access to this "evidence" in advance of the actual trial. So there won'tbe any surprises.

  • Maleho Mothabeng - 2013-06-03 00:22

    This case is becoming a soap opera and the trail hasn't even begun yet - the state hasn't even declared the full extent of the charges they plan on charging OP with - I'd much rather wait till the trail starts thank you very much!!!

  • Nonhlanhla Mnikathi - 2013-06-03 00:36

    he goes to church nw because he has killed his gf and reads the bible no matter what he does nw we dnt c any sympaty for mh

  • George J Moffat - 2013-06-03 00:48

    He's money will never bring peace into his life again,jail or no jail!

  • Makgale Moshidi - 2013-06-03 00:54

    Question to Mr Botha. Suppose the court prove beyond a reasonable doubt that indeed Oscar killed unintentionaly so,does that mean he is a FREE MAN???

      Nick Joubert - 2013-06-03 01:32

      He would still then be guilty of Culpable homicide, which can carry a pretty severe prison sentence, between 10 and 15 years.

      Laura Stevens - 2013-06-03 02:20

      By law ,one cannot be tried twice for the same crime. He has been charged with premeditated murder and as such the state must prove he is guilty specifically of murder. If they cannot prove this, he will go free. He would not be charged with culpable homicide thereafter because of legal principle of double jeopardy.

      Smart Peace - 2013-06-03 04:07

      the court has nothing to prove. it is the state and the defence which have to prove. the state cant prove the murder was 'not intentional'. it is for the defence. the state proves it was 'intentional'(premeditated)

      Madscientist Mad - 2013-06-03 09:00

      uhm no laura you are quite far from the truth, just reading all these comments i can see that people dont really have a clue how the law works, the state can add charges even after he has initially been charged, and even if he was not charged spesifically the court can make a competent verdict, which would be that if all the eliments to murder cannot be proven but all the eliments for culpable homicide have been proven the court may find him guilty of that even though he was not initially charged with it...

      Madscientist Mad - 2013-06-03 09:08

      Go read up on what a competent verdict is, then also go read up on Dolus Directus, Dolus Indirectus and Dolus Eventalis, the forms of intent you will find in our criminal law... maybe it will shed a little light ....

      Nick Joubert - 2013-06-03 09:14

      Laura, Double Jeopardy has no place in our law. The State will have charged OP with Murder first, and in the alternative Culpable homicide. If not found guilty of Murder, but he is still shown to have acted negligently and killed another human being, it would be a competent verdict in the alternative to murder and he would be found guilty of the lesser crime of Culpable homicide.

      Madscientist Mad - 2013-06-03 09:40

      Nick the principle of double jeopardy does exist in our law but not named spesifically as such but implimented the same way, it would be in the form of a special plea, one of Autrefois Convict (Previously tried and Convicted of a crime based on the exact same facts) or Autrefois Acquit (Previously tried and Acquited of a crime based on the exact same facts)

      Nick Joubert - 2013-06-03 10:02

      You are correct Madscientist! I must admit, my criminal procedure and criminal law are a little rusty. My apologies.

      Madscientist Mad - 2013-06-03 14:49

      haha, you must not have been paying attention in Prof Carstens class Nick, i believe we went to the same university for our llb...

      Nettie Potgieter - 2013-06-03 15:31

      Mad, you leagal eagals must have a good giggel at all the comments you are reading or do you have compastion with these uninformed people. Thank you for helping us with good information. Wish more of you can help educate us on leagal matters

      Madscientist Mad - 2013-06-03 16:41

      haha, Nettie not allot of giggles more shaking of the head and pulling of the hair reactions... and id be glad to educate you all at an hourly fee of course... ;P

      Nettie Potgieter - 2013-06-03 16:49

      Mad SOH and POH does not help if you have high blood presure. Giggils will. I can give you advice on keeping calm if you only help some of these people. Trade for trade like ecconomics, lol

      Nick Joubert - 2013-06-03 17:08

      Haha, yeah Mad, we both had Prof Carstens for Criminal Law at UP, best lecturer I had in my opinion.

      James Looch - 2013-06-03 21:29

      No. He may still be found guilty as he intended to kill. At best, the alternative can be guilty of culpable homicide. No matter what the verdict, the court will decide the sentence.

      Kirk Mc Mahon - 2013-06-04 14:04

      @Mad If we all the knew the law well we wouldn't need your services, so lucky for you we don't. But then again, the only law I really need to know here is not to shoot anybody...

      Madscientist Mad - 2013-06-04 16:07

      haha, true kirk, so your saying that when i read these comments i should be seeing dollar bills?

  • Jackie Govender - 2013-06-03 00:59

    What a badly written convulted piece of journalism. All over the place. Do we care what an initial lead investigator has to say? Not even gonna type the person's name. His opinion matters how?

      Smart Peace - 2013-06-03 04:10

      whatever he says contaminates the evidence thereby jeopardising the state's case

  • Nick Joubert - 2013-06-03 01:20

    In a case like this, intent is key to prove innocence or guilt. Mistaken identity does have a mitigating effect on your guilt, but Oscar's intentions still amount to intent to kill. Whoever was behind the door, be it a thief or in this case, tragically, his girlfriend, he still made that decision to intentionally use a firearm to fire against another person. This is referred to as Dolus Indirectus or indirect intent. One shot is bad enough, but four shots, pretty much proves intent beyond reasonable doubt.

      Matome Lucky - 2013-06-03 05:14

      Well said Nick. You must be a lawyer with such comprehensive opinion

  • Benz LeRoache - 2013-06-03 01:24

    How convenient.

  • Jabulane Cuba - 2013-06-03 02:58

    Amazed! A mere police officer giving a legal opinion. If the State can't prove murder then there is a competent verdict which I don't see him escaping it.

  • thanuj.thulsie - 2013-06-03 04:07

    Ok botha how much did you get paid for the pictures that you now suddenly commenting.i guess you made your son's study fee up

  • Gary Doyle - 2013-06-03 04:12

    Says the policeman that contaminated the crime scene. I think that Botha's legal opinion is about as valid as ours on this forum. Despite their pathetic reputation, I really hope the prosecution put a strong case together to convict Oscar on all charges.

  • Richard Scully - 2013-06-03 04:48

    There is no jury in South Africa so it shouldn't matter. Only thing is how much he bribed NPA

  • Derek Axcell - 2013-06-03 05:20

    what difference do the pictures make? ,if you guilty you are guilty.

      James Looch - 2013-06-03 21:35

      I also fail to see how the publication of the pics can influence the case. The evidence in court will determine the outcome, not the opinion of a useless ex-cop.

  • Khotso Sarele - 2013-06-03 05:31

    it does not matter wherether he will win the case coz of gud lawyers or not;what we know and continue to know is that u fall in love with oscar p. he will kill soon ladies.

  • Khotso Sarele - 2013-06-03 05:35

    it does not matter if he win the case or not it will still stand that he once in his life killed his won't remove that or even a good lawyer.

  • Michael Nelson - 2013-06-03 05:36

    O.J. Simpson...ring a bell??

  • Arthur Salvado - 2013-06-03 05:44

    mmmm here we go again. Oscar will walk. No courts of justice but only of flawed law. Money is of course the other factor that influences law. Fame is another. This happens all over the world and is not exclusive to SA

  • Erna Westdyk - 2013-06-03 05:51

    For someone who was taken off the case because he botched it and he himself has charges against him, he sure likes the limelight and has a lot of opinions. As the first investigator on the scene shopuldn't the NPA have gotten him to sign some sort of agreement for him to shut up after he resigned?

  • Pardon Hove - 2013-06-03 06:07

    If he walks free then I will go to jail myself for that murder he committed.

  • Caswell Mnisi - 2013-06-03 06:22

    No way, this mukhulu is going to jail in fact he should have been jail by now. Murders deserve to be in jail

      Silvia Van Eck - 2013-06-03 11:45

      True Caswell. All murderers should be behind bars. Unfortunately in SA murderers guilty of far worse murders are pardoned time and time again so they can go on murdering time and time again!!

  • Henry Mzwandile Mdluli - 2013-06-03 06:25

    it's impossible

  • @Tk.com_liberal - 2013-06-03 06:27

    Oscar opened fire with a clear intention to kill the person in the bathroom. Whether it was his girlfriend or a burglar it is not relevant. It is my opinion that he is guilty of murder. self defense would only stick, if he returned fire.

  • Black Grimreaper - 2013-06-03 06:43

    Botha is a disgrace!

  • Karen Dee W - 2013-06-03 06:45

    Botha has a big mouth lately. He is off the case and nobody is interested in his opinions.

  • Firstseed Mbeva - 2013-06-03 06:46

    Is it the same Botha who trampled evidence by his boots? He sounds smart like a judge now!

  • Sipho Simon Mogale - 2013-06-03 06:46

    Botha why you commmenting you must be investigated my my be you leaked the pic's to pay for school fees and you indicated

  • Sonny Jacobs - 2013-06-03 06:47

    Glen Agliotti???? Birds of a feather!

  • Sbo Kubeka - 2013-06-03 06:51

    Botha, u r a disgrace to humankind. Please do not open your mouth again unless you want to tell us about the missing watch. And give feedback on the 'security' company you started when you left SAPS.

  • Karen Dee W - 2013-06-03 06:51

    If Oscar goes free it will be because of you Botha. So rather keep your opinions to yourself.

  • Alfred Kiky Grey - 2013-06-03 06:53

    I wont be suprised if he goes free,jails in SA are only for poor people like me,not for rich and famous people,no wonder we take law into our own hands,justice have us.

      Smart Peace - 2013-06-03 07:59


  • Abdullah Jassat - 2013-06-03 06:59

    we all knew this is whats gonna happen. money talks all languages. we want justice for reeva

  • Thabo Tebele - 2013-06-03 07:00

    Please guys give Botha a break,its not like he likes the limelight.The media asked for his opinion and he gave it and I see some of the comments called him a disgrace you know what else. Yes he made a mistake in his line of work,how many of us never did.Its a very complicated case and a high profile one and things like this was bound to happen.I personally think Botha is was the better cop than the lot who are currently available.

  • Winston Jackson - 2013-06-03 07:06

    Cant this idiot ex cop keep his mouth shut. Maybe they are his foot prints seen he contaminated the crime seen by him personally admitting that he walked around without any shoe protection. If he is anything to go by way of example as a detective what does that say about the rest. This DEMONocracy is alive and well in the new sa

  • Andre Jacobs - 2013-06-03 07:14

    Justice won't be done if he is to walk free where he admitted in doing this crime. What about the future then --will this become a recipe for committing murder? You admit killing someone and then let some pictures get released. Looking at the pics it actually makes his case worse in my opinion.(From the publics view point) To pick up the key on the other side of the door after he bashed out a very narrow panel HIGH UP from the floor, may be very difficult if not impossible. So the door was open if he couldn't pick it up. So this could be pre meditated- So he could have had A LOT OF TIME after the murder to arrange things and to work out details for a lie. So by the time that he called for help from a balcony his story was worked out and she was maybe still alive and then he carried her down stairs where she was declared dead. This is actually horrible because if she was still alive he wasted time so she would die. if he shot her by accident then phoning for help should have happened immediately after the discovery of the "accident" To compose a timeline of the truth will be a difficult task.

  • Gabriel Marupta - 2013-06-03 07:18

    Clearly the guy has been bought..he was compromised the first day on the crime scene,only to findout later that he was facing charges himself...why appoint a suspect to investigate a suspect?....and now he's busy destroying this case!... Mzantsi magic.

      Andre Jacobs - 2013-06-03 09:57

      If they can prove that this was deliberate tampering with the case then those found guilty will also sit in jail. They can check bank accounts of all the family or legal team and of the investigating officer. Who appointed the investigating officer to their task? --check his financial position. Why is Agliotti connected here? He was connected with the legal team. Maybe he is using his connections to help a few "friends"????? Maybe Agliotti will still go to jail.

  • Martha Mphali Manzini - 2013-06-03 07:27

    Oscar u know that u r guilty