Mic should have been switched off - Nel

2015-11-03 16:20

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Bloemfontein - State prosecutor Gerrie Nel said on Tuesday he could not comment on the context in which Oscar Pistorius’s advocate Barry Roux had told him that he, Roux, was going to "lose".

- Read more: Im going to lose - Roux heard telling Nel

"No, I can’t. You should speak to Roux about it," Nel told News24, smiling as he wheeled his briefcase across the Supreme Court of Appeal courtyard to the exit.

Roux did not answer his phone or respond to a text message for clarification.

After court adjourned on Tuesday afternoon, pool microphones for the broadcast picked up Roux and Nel chatting after proceedings, which had been broadcast live.

Roux and Nel can be heard talking but what they are saying is not clear, but then Roux can clearly be heard saying: "...maar dat ek gaan verloor is feite." [But that I am going to lose is a fact.]

Nel said the microphones should have been switched off.

Brian Webber, Pistorius’s attorney, also could not comment immediately.

"I can’t comment until I have seen the whole recording. I am driving now," he said.

- Read more: Oscar appeal: Quotes of the day

According to an SCA practice note on media coverage, there is an "absolute bar" on audio recordings of legal representatives. Those who failed to comply could be held in contempt of court.

The SCA reserved judgment on Tuesday afternoon after hearing arguments from both sides in the State’s application to appeal Pistorius’s conviction of culpable homicide. 

The State wants his conviction to be replaced with that of murder.

On October 21 last year Pistorius was sentenced to five years in prison for shooting Reeva Steenkamp dead on Valentine's Day in 2013.

He fired four shots through the locked door of the toilet in his Pretoria home, apparently thinking an intruder was hiding behind it.

The double-amputee track star was sentenced to a further three years, suspended for five years, for firing a shot at Tasha’s restaurant in Johannesburg in January 2013.

Should the SCA court uphold the appeal, it is unlikely that there will be a retrial.

Read more on:    gerrie nel  |  reeva steenkamp  |  oscar pistorius  |  barry roux  |  bloemfontein  |  pistorius trial

Join the conversation!

24.com encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.


Inside News24

There are new stories on the homepage. Click here to see them.


Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.

Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.


Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.

Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.