Nel questions Oscar's toilet noise claim

2014-04-11 14:38
State prosecutor Gerrie Nel cross-examines Oscar Pistorius during his murder trial in the North Gauteng High Court. (Themba Hadebe, Pool)

State prosecutor Gerrie Nel cross-examines Oscar Pistorius during his murder trial in the North Gauteng High Court. (Themba Hadebe, Pool)

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Pretoria – Murder accused Oscar Pistorius was asked on Friday why he would think an intruder would walk into his toilet and close the door, during his trial on Friday.

"You reasonably thought an intruder came through your window, walked into the toilet and closed the door?" prosecutor Gerrie Nel asked him in the North Gauteng High Court in Pretoria.

Pistorius replied: "I'm not sure what an intruder would do if he was caught off guard."

He has been charged with murdering his girlfriend Reeva Steenkamp in his Pretoria home shortly after 03:00 on 14 February last year.

The athlete shot her through the locked door of his toilet, apparently thinking she was an intruder about to come out and attack him.

"I heard wood moving. I think I heard the door opening," Pistorius said, keeping his eyes fixed on Judge Thokozile Masipa.

"Not once did you say 'I heard a door opening'... it's not in the [court] record. Why now?" Nel asked.

According to Pistorius he was in his bathroom, gun held out in front of him, looking between the open window, through which he claims an intruder entered, and the toilet door.

Pistorius said shortly before the shooting he got out of bed to bring in two fans from his balcony. Steenkamp apparently got out of bed without him noticing and went to the bathroom.

Pistorius heard the bathroom window sliding open, got his gun and went towards the noise.

He then heard the toilet door slam shut. After he peered into the bathroom and seeing nobody there, he thought the intruder was in the cubicle.

"I heard a noise which I perceived to be somebody coming out," the athlete said.

"But it [the noise] could have been anything," Nel countered.

"The hearing of a noise and the perception that you are being attacked is two different things," Nel said.

The trial was postponed to Monday.

"It is so far-fetched... it's improbable," said Nel.

Pistorius is also is also charged with three contraventions of the Firearms Control Act, one of illegal possession of ammunition and two of discharging a firearm in public.

He allegedly fired a shot from a Glock pistol under a table at a Johannesburg restaurant in January 2013.

On 30 September  2012 he allegedly shot through the open sunroof of a car with his 9mm pistol while driving with friends in Modderfontein.

Pistorius has denied guilt on all the charges.

Read more on:    gerrie nel  |  reeva steenkamp  |  oscar pistorius  |  thokozile masipa  |  crime  |  pistorius trial

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