Earlier this morning, Magistrate Nair convened the Pretoria Magistrate’s Court for murder accused, Oscar Pistorius’ bail hearing to begin.

Nair questioned counsel with regards to the understanding of premeditated and planned murder, but Nair was not convinced with defence council Roux’s rendition and read case law for a better understanding. Nair asked state prosecutor Nel why he hadn’t acquired a “note from the director of public prosecution(DPP) on recommendation of schedule.”

Nair’s ruling starts with the schedule offence from the Criminal Procedure Act(CPA).

I find it unfortunate that I have been called on to rule on this. I asked Nel why he has not submitted note from DPP.  The CPA makes provision for the director of public prosecutions to recommend the schedule.  I’m perplexed why my job wasn’t made easier. But it’s not impossible for me to deal with this matter.  Voting case law on the submission of the note from the DPP.  I’m in possession of a charge sheet with a full description of the allegations, I have heads of argument.  I’m not going into full discussion of the meaning of premeditation.  At this point in time, I cannot rule out premeditation. For the purposes of bail – we go Schedule 6.

Oscar reportedly “slumped into his hands”, at the ruling of Magistrate Nair.

As Nair only ruled this offence schedule six for the purpose of the bail application, Pistorius’ defense team will have to provide evidence to satisfy the court that exceptional circumstances exist in which the interests of justice permit the release of the accused. The schedule of the offence could change in trial.

In short, the chances that Pistorius will be granted bail are now very slim. The bail hearing continues.

CLICK HERE for all the Oscar Pistorius coverage so far.

[Source: Barry Bateman]