Oscar Pistorius arrived early this morning at the Pretoria Magistrates Court to hear the outcome of his bail application hearing. Meanwhile outside the court, African National Congress Women’s League protesters were chanting and holding placards that read, “Oscar Pistorius must rot in jail”.
Magistrate Desmond Nair was the presiding judge, and before proceeding asked Pistorius if he was okay, “considering the circumstances”. Advocate Gerrie Nel, the prosecutor started:
We’ve drafted a charge sheet with more particularity [detail]. The accused shot and killed an unarmed innocent women.
After the last sentence was voiced, Pistorius broke down into tears. Nel recalled the events of the evening with four shots being fired, of which three hit and killed Steenkamp. Nel further explained that “premeditation includes whether the accused considered his actions, not merely pre-planned.” Nel also argued that the victim arrived at the Pistorius’ house between 17hoo and 18h00 on the Wednesday night, which was corroborated by the presence of Steenkamp’s overnight bag.
The defence then lead with Barry Roux:
Roux argued that Pistorius shooting Steenkamp through the bathroom door was not murder, and pointed out that the more pertinent question was whether or not he knew the person who he shot at behind the closed door of the bathroom to be Steenkamp.
Does the state say he broke down the door, saw it was Reeva and then killed her? No. We know as everyday people take refuge to toilets when in intrude in house. He broke down the door after shooting to save her. We have nothing remotely indicative of premeditation.
The state says there was an argument before the shooting – rather show that there were serious problems in their relationship. We will show this is not even a murder, but in the interests of justice let’s not start this off as schedule 6.
On the state’s version, every time someone picks up a firearm it is planned – that’s not premeditated.
We say you do not have the objectionable facts before you to make a ruling that it’s schedule six.
To which Nel responded:
I’m now more convinced [that this is premeditated]. It’s three AM, he puts on prosthesis, walks to the bathroom and shoots someone dead. It’s not like he woke up with someone at his bedside and he reacted. That is not premeditated.
There were just two people in the house – why didn’t he ask, “Where is my girlfriend?”
That broken door is important. He knew how big the room was. He knew she was there and he shot.
Pistorius reportedly glared at Nel, with a look of repulsion on his face. Roux contested the state’s claims that Pistorius put on his prosthesis and walked approximately seven meters. Magistrate Nair reportedly questioned some legal points relating to premediation.
Court was then adjourned, and Pistorius was allowed to leave before the Magistrate.
Court will be in session within the next few minutes, and Nair is likely to pass judgment in the bail hearing.
CLICK HERE for all the Oscar Pistorius coverage so far.
[Source: Barry Bateman]
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