Pistorius taken back to police cells

2013-02-20 17:05

Pretoria - Paralympian Oscar Pistorius will spend a seventh night in police cells as his bail bid for the alleged murder of his girlfriend Reeva Steenkamp was rolled over to Thursday.

In a dramatic day, his defence lawyer advocate Barry Roux attacked the police's initial investigation report on the shooting, which the State alleges was premeditated murder.

Roux accused investigating officer Hilton Botha of contaminating the scene at Pistorius' Pretoria home, by not wearing shoe covers.

The police also did not find a fourth bullet lodged in a toilet, Roux continued.

He said the State got it wrong when it said that Pistorius had a house in Italy in support of its claim that he was a flight risk and should not be granted bail.

Roux questioned a witness statement that screaming was heard before gunshots, saying this witness lived 600m away from Pistorius and the only screaming that night was by Pistorius.

He said .38 ammunition cartridges found in a safe belonged to Pistorius' father, and that a police photographer, not Botha, gave the ammunition to Pistorius' defence lawyer.

The ammunition was later returned to the police when they asked.

The court heard that of the four cellphones found in his home none had been used, and that the police only learned of a fifth later.

No defensive wounds

Botha earlier said the State would show through witness statements and phone records, that there had been fighting before the shooting.

In the morning, Botha said: "I believe he knew she was in the bathroom and he shot four shots in the bathroom and killed her."

But later, after a grilling on the details in his investigation report, Roux asked Botha if Pistorius' version of events could be correct.

Pistorius has said he thought there was an intruder in the house then realised it was Steenkamp.

Botha replied: "I can't say because I have not seen all the forensic statements, but I would say the applicant's version is consistent with the evidence."

The court also heard that Pistorius slept on the left side of the bed that night, instead of his usual right because of a shoulder injury.

Earlier, Botha said a holster and female slippers were found on the left-hand side of the bed.

Pistorius' shoulders were shaking and he wept as Roux said an autopsy showed Steenkamp's bladder was empty, consistent with someone who had gone to the toilet to relieve themselves.

The autopsy also showed that Steenkamp had no defensive wounds.

Roux asked Botha whether Steenkamp would have locked herself in the bathroom, away from danger, had she heard Pistorius scream while she was in the bathroom.

"That is true," said Botha.

Thought there was an intruder

On Tuesday, in his affidavit, Pistorius said he heard a noise in the bathroom after fetching a fan from the balcony, fetched his firearm and called out to Steenkamp to call the police, thinking there was an intruder.

He then fired shots through the bathroom door, before realising Steenkamp was inside. He carried her downstairs, where she died.

Botha said Pistorius did not call police after the shooting.

This was the second Pistorius-related case Botha was working on.

The first was an assault case made by a woman but he said he could see there was no merit and the case didn't go ahead.

That one is now the subject of a civil claim by Pistorius against the police for wrongful arrest.

Roux also disputed a report on a gun Pistorius was handling going off in a Johannesburg restaurant.

The gun went off under the table as it was being passed to him, said Roux.

He wanted it known that Pistorius did not own a property in Italy, as the State claimed in support of its contention that he was a flight risk, but did have a bank account in Carolina, US.

  • Katlego Motswai - 2013-02-20 17:29

    Oscar has one good lawyer.... I now have doubts about him going to jail

  • Janine Hughes - 2013-02-20 17:41

    Pistorious lawyer is so good he can make the guilty look innocent and the innocent look guilty.

      Buti Thekiso - 2013-02-20 18:16

      So u lyk it wen criminal go out?

  • Ray Molekoa - 2013-02-20 17:45

    Roux , you go boy , the stupid SAPS and NPA morons are no match for you . They may even offer to sell you the docket or make the docket disappear . This is not a schedule 6 case , maybe not even 5 . Get them , confused freaks !

  • anele.mveku - 2013-02-20 17:51

    Botha replied: I can't say because I have not seen all the forensic statements, but I would say the applicant's version is consistent with the evidence. And that means the state might not have a strong case against him yet. I want to see the Magistrate refuse him bail after this cross-examination.

  • Khonjiswa Mahlangu - 2013-02-20 17:59

    Roux must have been paid fortunes for his smartness, Pistorius could walk free. This is now boring!!

      Lynn Adams - 2013-02-20 22:18

      No this is justice.

  • Vìncent Lèvìncè Tåwånå - 2013-02-20 18:23

    do disabled people go to jail? I really cant imagine Oscar in a prison cell. Unless otherwise there are special prisons for people living with disabilities or maybe house arrest.

  • theboet - 2013-02-20 18:23

    How I wish that only people with good opinions to add may comment on this topic. I've seen such a load of stupid comments in here that belong in the trash bin. This topic is way beyond other people's small brain capacities.

  • Gillian Qambela - 2013-02-20 18:30

    Our SAP are very useless they don't even know how to handle a crime scene,an as people we are very quick to judge.What if it was an honest mistake,why can't they use a lye detector test to proof if he is telling the truth or not or they can't even use it.

      Sbusiso M Sibeko - 2013-02-20 18:55

      Your 1st reaction would be 2 wake your partner if u heard a noise at night inside the house.

      Khosi Biyela - 2013-02-20 19:08

      It's SAPS not SAP...

  • Gillian Qambela - 2013-02-20 18:35

    And we know that in SA cases do take years so just give the man bail,cos he admits that yes he did shoot her but it was a mistake...

  • Ian Chakhaza - 2013-02-20 18:36

    If the prosecution thought they had an open and shut case, they have another thing coming. After that shocking display by Hilton Botha on the stand, there will be plenty of reasonable doubt flying around during trial. Now it will be a case of if the Police mishandled A, odds are they mishandled B and C also. I don't see State proving beyond reasonable doubt that Os committed premeditated murder.

  • Karen Julie - 2013-02-20 18:40

    This is just the bail hearing Oscar fans. The big guns will come out during the actual trial. So don't get too excited lol

      Ian Chakhaza - 2013-02-20 18:44

      And you'd also be very mistaken to assume that defence has played all their cards. In fact, I doubt very much State can really improve their case.

      Karen Julie - 2013-02-20 18:48

      By all means, as long as the actual truth comes out, I'm happy

  • Tello Moleko - 2013-02-20 18:46

    pistorious still had to take the stand in the box,this is where we get facts of the matter under oath,lawyer just saying what might happen that day,trial is coming,i wish it was live on tv

  • Graham Jehoma - 2013-02-20 18:58

    ok bright spark @ news24, where should they take him to? home, Nandos, on holiday or what? eish gutter reporting @ its best..while you @ it you can also report on how many times he goes to the toilet...enough now

  • Msika Bopha - 2013-02-20 19:17

    This case is closed in my books... The state have no case here. I see Oscar being given bail tomorrow, charges being droped to calpable homicide or something of a lesser offence.

  • C'budah Ase Matanzima - 2013-02-20 19:23

    Ndiyakuvela mna shame mfo! May th Mertcy of th LORD b wit u!

  • mnokavalery - 2013-02-21 11:56

    I feel sorry for him,I dnt think he killed Steenkamp on purpose and I dnt want him to go to Jail

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