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Update: Oscar’s every move controlled

Murder accused Oscar Pistorius’ every move was being controlled.

25 February 2013 | Corné van Zyl, Valeska Abreu, Ryno Ellis

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Murder accused Oscar Pistorius’ every move was being watched, as he was not allowed to travel in or outside Pretoria without obtaining permission from his correctional officer.

The monitoring of Pistorius’ movements was part of Chief Magistrate Desmond Nair’s conditions when he granted Pistorius bail of R1-million on Friday.

Pistorius had to pay R100 000 first and the rest by 1 March.

Pistorius is currently living with his uncle, Arnold, in Waterkloof, as he was not allowed to return to his house in Silver Wood Estate.

Journalists were seen gathering outside the Brooklyn police station yesterday where they expected Pistorius to report as part of his bail conditions but according to the National Prosecuting Authority (NPA) it was not a requirement in the final order of Pistorius’ bail conditions.

“It was proposed that Pistorius should report twice a week to the Brooklyn police station, but it was not included in the final order,” Medupi Simasiku, NPA spokesman told Rekord.

Journalists have also been camping outside Pistorius’s uncle’s house to get a glimpse of the athlete.

The Paralympian athlete was arrested on 14 February for the murder of his model girlfriend Reeva Steenkamp at his home in the Silver Wood Estate.

The conditions submitted were that he would be present at 08.30 at every court postponement date.

He would hand in all his passports and not apply for any passport or travel documents and stay away from airports.

He would refrain from being in possession of any firearm and hand in all his firearms.

He was not allowed to drink alcohol or take banned substances and Correctional Services probation officers are also allowed to make unannounced visits to the athlete.

Magistrate Nair on Friday ordered that Pistorius shall provide the probation officer and correctional official his cell phone number and shall be available to be contacted at any time during the day or night.

Pistorius will also be subjected to random drug and alcohol tests.

His probation officer has further been tasked with monitoring his mental state.

He is expected back in court on 4 June.

The legal team of Pistorius was not available to comment on reports that the athlete is considering approaching the High Court in Pretoria to ease his bail conditions.

Drama unfolded during the four-day bail application of Pistorius, which made headlines around the world.

National Police Commissioner Riah Phiyega last week announced that she had assigned a team of renowned detectives to take over the murder case against Pistorius.

This came after police confirmed that investigating officer and state witness in Pistorius’ bail application, Warrant Officer Hilton Botha, faced seven attempted murder charges.

A large group of national and international media gathered outside the court building last week as journalists frantically scrambled to gain access to the courtroom, which was packed to capacity throughout the hearing.

A second courtroom was later opened and members of the media could follow court proceedings via a live camera feed.

Pistorius’ defense lawyer, Barry Roux, submitted his closing arguments to the court o Thursday while the prosecutor, Gerrie Nel, submitted his closing argument on Friday.

Pistorius was emotional during the hearing and by Friday he looked tired as he sat with his head bowed and eyes closed.

Arnold Pistorius told the media as a family they were relieved that Pistorius was granted bail but at the same time in mourning over the death of Reeva Steenkamp.

“We are in mourning at the death of Reeva with her family. As a family we know Oscar’s version of what happened on that tragic night and we know that is the truth.”

Family and friends of Pistorius were crying as they gathered in an intimate circle to pray after Nair handed down his judgement.

By Friday afternoon a group of Pistorius’ supporters gathered outside the court building.

They were holding up placards, which read: ‘Oscar we trust in you and your love for Reeva!’

UPDATE: 22 February 2013 17:10

The family of Oscar Pistorius were relieved on Friday afternoon after he was released on R1-million bail.

Oscar's uncle Arnold told the media as a family they were relieved but at the same time in mourning over the death of Reeva Steenkamp.

"We are in mourning at the death of Reeva with her family. As a family we know Oscar's version of what happened on that tragic night and we know that is the truth."

Magistrate Desmond Nair earlier granted Pistorius bail.

According to the bail conditions Pistorius was not allowed to return to his house in Silverwood Estate, he will stay at a address which was not disclosed.

Pistorius was not allowed to contact any of the witnesses.

"The accused must hand over all passports and report to Brooklyn police station every Monday and Friday," Nair said.

Nair added that Pistorius was not allowed to use any alcohol or drug at anytime.

The matter was postponed to June 4 in the Pretoria Magistrate's Court for the start of Pistorius' trial.

Family and friends of Pistorius were crying as they gathered in a intimate circle to pray after Nair handed down his judgment.

A group of Pistorius' fans were earlier seen gathering outside the court building.

They were holding up placards which read: Oscar we trust in you and your love for Reeva!.

Police were seen closing roads around the court building to ensure that Pistorius can exit as soon as possible.

UPDATE: 22 February 2013 17:00

After a week of intense legal wrangling between Oscar Pistorius’ defense team and the state, Pistorius was granted bail by Chief Magistrate Desmond Nair on Friday.

Pistorius was emotional throughout Nair’s judgement.

Nair said that he could not give judgement on premeditated murder that would be the duty of the trial judge, and said he could not find that is has been established by the state that Pistorius is a flight risk.

“I was not convinced that he has a propensity to violence.”

“I am not as much seized with issue to find beyond reasonable doubt he committed premeditated murder,” Nair added.

Nair said the state only presented circumstantial evidence on the matter of premeditated murder.

Nair said that investigating officer Hilton Botha made several concessions with the defense’s case.
 
According to Nair, Botha agreed with the defense that if shots were fired into the bathroom, it would have gone in the direction of the toilet.

“Botha also failed to conduct proper investigation regarding the usage of the cellphones, with regard to calls and SMS’s prior to 02:00 that morning, which could have been a crucial piece to the puzzle.”

Pistorius family hugged him as Nair granted him bail, and the courtroom erupted in joyous applause.

A group of Pistorius' fans were seen gathering outside the court building.

They were holding up placards which read: “Oscar we trust in you and your love for Reeva!”

Police were seen closing roads around the court building to ensure that Pistorius can exit as soon as possible.

UPDATE: 22 February 2013 13:00

Magistrate Desmond Nair was expected to hand down his judgment on Oscar Pistorius' bail application on Friday afternoon at 14:30.

The court on Friday heard both the State's argument as well as the defense's argument.

Roux earlier denied the State's argument that Pistorius was a flight risk.

"His prosthetics cause commotion every time he goes through airport security," he said.

UPDATE: 22 February 2013 11:16

State prosecutor Gerrie Nel argued on Friday that Oscar Pistorius was still a flight risk and therefor bail should be opposed.

"He has the international status to be accommodated elsewhere."

Nel said in Oscar Pistorius' affidavit he doesn't say he did anything wrong, implying that he isn't taking this seriously.

"He must realise that long term imprisonment is almost guaranteed. He might think he'll be acquitted."

Nel said Pistorius got away with discharging a firearm in public and he also got away with previous incidents where he threatened people with violence.

Nel questioned why Pistorius, a man afraid of crime, would sleep with his balcony door open.

He also questioned the fact Pistorius left dying Reeva upstairs while he went to unlock the main house door before he went back and carried her down.

Nel said it is possible for Pistorius to have remorse because he felt sorry for himself.

Magistrate Desmond Nair asked Nel what kind of life he thinks Pistorius would have if he fled the country.

"A life of freedom, a life not in jail," Nel responded.

Nair responded to Nel asking him if Pistorius will have a life of freedom bearing in mind that he will be ducking and diving every day, with those prosthetic legs

So Pistorius commits crime, we treat him differently because he's disabled? It cannot be," said Nel.


UPDATE: 22 February 2013; 08:33

Oscar Pistorius is to learn on Friday whether or not he will be granted temporary freedom in the form of bail.

Chief Magistrate Desmond Nair is due to give judgement in the Pretoria Magistrates’ Court, where proceedings will enter its fourth day.

On Thursday the defense maintained that Pistorius was not guilty of murdering his girlfriend Reeva Steenkamp at his home last week.

The state, who is due to continue with its closing argument this morning, said that Pistorius had failed to show exceptional circumstances to convince the court to grant bail.

Meanwhile National Police Commissioner General Riah Phiyega on Thursday said that investigating officer Hilton Botha, would be replaced by Lieutenant- General Vineshkumar Moonoo who will now lead the investigation.

This came after it was reported that Botha himself faces seven counts of attempted murder, following a shooting on a taxi in 2011.

UPDATE: 21 February 2013; 19:00

The bail application of Oscar Pistorius will on Friday enter its fourth day in the Pretoria Magistrate's Court.

Pistorius' defense lawyer, Barry Roux, and the prosecutor, Gerrie Nel, submitted their closing arguments to the court on Thursday. Nel was was expected to submit his closing argument on Friday.

Pistorius looked tired as he sat with his head bowed and eyes closed.

Roux said the State was falling "far short" of proving murder.

"If Pistorius intended to kill Steenkamp, he did not have to in the bathroom. He could do it anywhere."

Roux said there is four affidavits by friends, one of which is by Reeva's best friend, suggests a loving relationship between Pistorius and Steenkamp.

"The poor quality of the evidence of investigating officer Botha further exposed the disastrous shortcomings of the State's case," he said.

Roux added that there was no evidence that Pistorius had known that Steenkamp was in the toilet.

The fact that Pistorius lived in a security complex did not make this aspect of the case "neutral".

"Unfortunately, it is not South Africa's best-kept secret: crime is not limited to unsecured areas," Roux said.

Magistrate Desmond Nair wanted to know why Pistorius' affidavit did not mention if Steenkamp responsed when he called out to her before firing shots at what he thought was an intruder in the bathroom.

"It was unlikely she would have responded, because she was scared," Roux said.

Roux still insisted that Pistorius did not own a house in Italy.

This came after Nel read and translated a feature on Pistorius in "Sarie" magazine in which a house was referred to.

Nel rejected Roux's argument.

According to Nel Pistorius had not offered to give up his passport, but had merely said he would if it was a condition of bail.

Nel said Pistorius seemed to be under the impression he might not be tried for the shooting.

"The statement indicates the applicant believes he won't be charged - "if this goes to trial".

"Pistorius' "total lack of willingness to take responsibility for his deeds increases his flight risk", said Nel.

According to Nel no court would ever accept that Pistorius acted in self-defence.

"We argue that the location of the gun and cellphone will kill Pistorius version."

National and international media started queuing outside the court from as early as 05:00 on Thursday.

The court room was once again packed to capacity.

A second court room was opened and members of the media could follow court proceedings via a live camera feed.

The bail application will continue on Friday.

 UPDATE: 21 February 2013; 16:55

Police have announced that the investigating officer in the Oscar Pistorius case, Hilton Botha, will be replaced by the most senior detectives in the police

National Police Commissioner Riah Phiyega said at a press briefing that the case has been assigned to a Lieutenant-General and the office of the Gauteng commissioner.

This came after it emerged that Botha is facing seven charges of attempted murder, after allegedly firing on a minibus full of passengers in 2011.

Botha and two other colleagues were due to appear before a judge in May over the shooting.

It was reported that at the time of the shooting, Botha and his colleagues were chasing a man who was accused of murdering a woman and disposing of her dismembered body down a drain.

Police spokesman Brigadier Neville Malila said the charges against Botha were provisionally withdrawn but reinstated earlier this month.

 UPDATE: 21 February 2013; 16:10

The bail application of Oscar Pistorius was postponed to Friday at 10:00 in the Pretoria Magistrate Court .

The state was expected to submit their closing arguments on Friday.

Pistorius will spend his eighth night in the Brooklyn police holding cells. 

Update: 21 February 2013 15:00

Oscar Pistorius sat with his head bowed and his eyes closed as he listened to the closing argument of his defense lawyer on Thursday.


The Pretoria Magistrate court heard that according to Roux, the evidence did not show that the paralympian committed murder.

Roux, said that the "poor quality" of the investigation proved there were shortcomings in the state's case.

He said the state showed no evidence that it was a premeditated murder.

"The investigating officer, Hilton Botha, testified that Oscar's version is consistent with the known evidence and he could not refute his version. We have demonstrated that every allegation in the charge sheet doesn't support state claim that this was planned murder," Roux said.

Magistrate Desmond Nair earlier called Botha to the witness stand to clarify some points of his testimony of Wednesday.

Roux also denied allegations that Pistorius owned a house in Italy, but state Advocate Gerrie Nel produced a copy of Sarie magazine, in which Pistorius had stated that he visited the country four months out of the year and had a house there.

The court had adjourned for lunch.

Follow us on twitter for live updates of court proceedings.

Follow @RekordNewspaper.


UPDATE: 21 February 2013 12:00

A woman, who was alleged to be the ex-wife of Pistorius orthopedic surgeon, known only as Annamarie, on Thursday wanted to bring an 'urgent constitutional application' regarding Pistorius mental sate, in the Pretoria Magistrate's Court.

Chief Magistrate Desmond Nair rejected her application.

In the woman's application she asked to have Pistorius examined for 60 days by a panel of independent psychiatrists to determine his sanity at the time of Reeva Steenkamp’s death.

According to the application the woman has known Pistorius since 1987.

In the application it stated that the applicant is of opinion that Pistorius acted outside his natural character and was mentally insane.

Court proceedings resumed, investigating officer Hilton Botha was back in the witness box.

UPDATE: 21 February 2013; 11:00

The National Prosecuting Authority (NPA) said they would continue with their case as planned despite the charges that have been made against investigating officer (IO) in the Oscar Pistorius case, Hilton Botha.

NPA spokesperson Medupe Simasiku, said that he did not believe this would have an effect on their case against Pistorius.

“We do not appoint an investigating officer, police make that decision. We were not aware of the charges against Botha when the case started and were only made aware when reports surfaced in the media.
We trust police will deal with the situation accordingly, as that decision does not lie with us. Our case will continue,” he said.

However Simasiku said that should it be in the interest of justice, they would intervene in the decision on whether Botha should continue as the IO in the case.

Police spokesperson Brigadier Neville Malila told Looklocal that Botha is still the investigating officer on the case.

“We will be adding investigators to this case, but a decision to remove Botha from the case hasn’t been taken yet,” he said.

Meanwhile a Facebook group with the title ‘Team Oscar’ started late yesterday.

By this morning only 11 people had liked the page, while various memorial pages for Reeva Steenkamp had over 4000 likes.

UPDATE: 21 February 08:00

The investigating officer in the Oscar Pistorius case is due to appear in court himself for attempted murder on seven counts.

Police spokesperson, Brigadier Neville Malila, said warrant officer Hilton Botha was charged with attempted murder in 2011.

"Hilton and two colleagues allegedly opened fire on a minibus in Mpumalanga while they were allegedly under the influence of alcohol. Those are the allegations," Malila said.

The charges were withdrawn in 2012 but reinstated on Wednesday afternoon.

Hilton was expected back in court in May this year, Malila said.

Pistorius will appear in the Pretoria Magistrate's Court on Thursday for the third day of his bail application.

National and international journalists were seen queuing from 06:00 even though court proceedings were expected to start around 11:00.

Pistorius faces a charge of premeditated murder.

He was held at the Brooklyn Police station since Friday.

It was expected that the state and Pistorius defense lawyer would submit their closing arguments this morning.

UPDATE: 20 February 2013 18:00

The second day of parlaympian, Oscar Pistorius' bail application seemed to be the hardest day for the athlete.

His shoulders shook uncontrollably as he wept on Wednesday while his lawyer drew the Pretoria Magistrate's Court back to his version of how he shot his model girlfriend Reeva Steenkamp last week.
Pistorius will spend a seventh night behind bars at the Brooklyn police station.
The police's initial investigation report on the shooting, which the State alleges was premeditated murder, came under scrutiny.
Pistorius' defense lawyer advocate Barry Roux  cross-examinated the State's witness, investigating officer Hilton Botha.
Roux accused Botha of contaminating the scene at Pistorius' Pretoria home, by not wearing shoe covers.
Botha admitted to Roux that he had not worn the shoe covers. 
Roux questioned Botha on a witness statement which stated that screaming was heard before gunshots, saying this witness lived 600m away from Pistorius.
Roux added the only screaming that night was by Pistorius.
According to Roux the police also did not find a fourth bullet lodged in a toilet.
Roux also corrected the State by saying they 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.
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 on Tuesday afternoon.
Roux also told the court that Pistorius slept on the left side of the bed that night, instead of his usual right because of a shoulder injury.
Botha had earlier said a holster and female slippers were found on the left-hand side of the bed.
Pistorius' was seen crying again as his lawyer said an autopsy revealed 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.
The court heard that the testosterone found in Pistorius' home was a herbal remedy and was not banned.
Botha had earlier testified that two boxes of testosterone and hypodermic needles was found under a television set in Pistorius' house.
Botha also said he had a statement from Mark Bachelor's in which Oscar threaten to break Bachelor's legs.
Outside the court room media frantically scrambled again to gain access to the court room. A local reporter fainted in the queue to enter court early on Wednesday.  
An overflow court room was set aside for the rest of the media but by the end of Wednesday there were no sign of a television set.
The bail application was expected to continue on Thursday. 


UPDATE: 20 February 2013; 14:52

The bail application of Oscar Pistorius is scheduled to continue at 11:00 on Thursday.

The closing arguments from the State and the Defense was expected then.

Pistorius will spend the night in the Brooklyn police holding cells again.

UPDATE: 20 February 2013; 13:00

The investigating officer in the Oscar Pistorius case admitted that he could not give any evidence contradicting the athlete’s account of events.

Hilton Botha, who was the first witness to testify, was cross-examined by Pistorius’ defense team.

Botha’s testimony brought several sensational revelations including that testosterone was found in Pistorius' bedroom.

The court later heard that it was in fact herbal medication, commonly used by athletes, and not a banned substance.

"The medication which was found was Testocomposutium co-enzyme, an herbal remedy used by many athletes, " Pistorius’ advocate Barry Roux SC said.

Roux also told Botha that it seemed as if there was an approach to disregard anything that could show a defence. He read Pistorius’ affidavit while showing his version of events on official house plans of Pistorius' house.

He put it to Botha that Reeva's bladder was empty during autopsy, which indicated that she had gone to the bathroom. This was consistent with Oscar's affidavit.

Botha also admitted to the defense that the witness, who claimed to have heard arguing between 2:00 and 3:00 on Valentines Day, lives about 600meters from Pistorius' house.

The cross-examination was expected to continue on Wednesday afternoon.

UPDATE: 20 February 2013; 12:30

While proceedings were underway at the Paralympic, Oscar Pistorius' bail application more protesters had gathered in front of the court.

A small group of women from the non-governmental organisation, Youth of Survival, had gathered in front of the court while softly chanting, "Rest In Peace, Reeva."

The group was also very vocal about their stance that the court should not grant bail to the alleged murderer.

One of the members of the group, Moshy Mathe said while crying,: "We are here today to mourn the death of a beautiful young woman who did not deserve to die."
Mathe asked emotionally: "How many women and children have to suffer due to male patriarchy?"

She added that by not granting Pistorius bail the country is one step closer to becoming a safer place as it would indicate that the court does not take the murder of women lightly.

"By not granting Pistorius bail, it will deter him and others from hurting our women and children."

This is not the first time organisations have spoken out about their opinion outside the court.

The ANC Women's League protested on Pistorius' first day of bail hearing on Tuesday.

The league caused uproar while singing and dancing in the street outside the court.

Thembi Zwambe, from the Women's League said on Tuesday that they are furious for what Pistorius had done.

She added that it was unacceptable to let Pistorius out on bail.

UPDATE: 20 FEbruary 2013, 11:15

Proceedings started around 10:00 during the second day of  Oscar Pistorius’ bail application in the Pretoria Magistrate's Court.

The state called investigating officer, Hilton Botha, to testify. Botha testified that he had arrived at Pistorius’ house around 04:15 on the fateful morning of Reeva Steenkamp’s death, allegedly at the hands of the Blade Runner.

"I found the deceased lying at the bottom of the stairs. She had already been declared dead by paramedics. She was wearing white shorts and a black vest and was covered in towels."

The court heard Steenkamp had a gunshot wound above her right ear, arm and hip.”

Botha also testified that two phones we're found in the bathroom and another two in the bedroom. "None of the phones were used to call the police or paramedics on the morning of the shooting."

Investigations showed that none of these phones had been used that morning.

Botha said Pistorius is seen as a flight risk. "He has overseas accounts as well as property in Italy."

The prosecution indicated that more charges would be added, including illegal possession of ammunition.

The court had adjourned for tea.

UPDATE: 20 February 2013;11:00

The Oscar Pistorius case has drawn a flood of public attention, with people curious as to the exact course of events on that fateful morning that left Reeva Steenkamp dead.

The Pretoria magistrate's court was abuzz with chaotic scenes of media and members of the public scrambling for position in the courtroom.

Meanwhile a second courtroom has been set up with live streaming to accommodate the large contingent.

Sibusiso Masilela, a member of the public who attended the second day of the bail hearing on Wednesday, said  he took  time out to attend the hearing because he wanted to be a part of this historic moment.

Masilela sat in the second courtroom.

He said the case was very interesting. " I enjoy seeing South African law taking its course."

He added that the atmosphere at the courtrooms was very intense.

"People are here to find answers because they are still shocked by what happened."

Bonga Tintelo, another member of the public who was waiting outside the courtrooms, said that he recently started following the case and that just like the rest of the country, he wanted answers.

Various international media houses had set up their broadcasting vans outside the Magistrate's court.

Follow us on Twitter @RekordNewspaper and like our Rekord page on Facebook for the latest updates on the Oscar Pistorius saga.

Rekord has a representative at the Magistrate’s court aiming at delivering fresh information as it develops.



UPDATE: 20 February 2013; 08:35

Murder accused, paralympian Oscar Pistorius, was expected to appear in the Pretoria Magistrate's Court on Wednesday for the second day of his bail application.

Meanwhile a media frenzy once again descended on the Pretoria magistrate’s court with journalists scrambling for a seat inside the court.

Chief magistrate Desmond Nair on Tuesday ruled that the murder charge against Pistorius would be treated as a schedule six offence.

Under the act, where an accused is charged with an "extremely serious" schedule six offence, he may be released only if he produces evidence to satisfy the court that exceptional circumstances exist which, in the interests of justice, permit his release.

Pistorius was held at the Brooklyn Police station since Friday and not at a correctional services prison, because he needed sufficient time to consult his lawyers.

It was expected that the investigating officer would be the first to testify this morning.

UPDATE: 19 February 2013 18:00

The paralympic star Oscar Pistorius bail application was expected to continue on Wednesday.

According to the National Prosecuting Authority (NPA) spokesman Medupi Simasiku the bail application will be completed before the end of the week.

"Pistorius will be held overnight at the Brooklyn police station, where he spent the weekend.  There are so many cases that can be longer than this. We believe that by Friday we would have wrapped up the whole bail application," Simasiku told reporters outside the court on Tuesday.
Pistorius has finally broken his silence by submitting his affidavit in the Pretoria Magistrate's Court on Tuesday. 
Pistorius will be spending another night behind bars as his bail application was postponed to Wednesday.
By the end of the Tuesday both Pistorius and his advocate still denied the charge of premeditated murder even after the Chief Magistrate, Desmond Nair, earlier ruled that the charge against Pistorius was indeed a schedule 6 offence, a charge of premeditated murder.
This meant that Pistorius would have to prove exceptional circumstances in order to qualify for bail.
Details of events which led to Pistorius shooting and killing his model girlfriend Reeva Steenkamp were revealed in court as Pistorius's advocate Barry Roux read his affidavit.
"I'm acutely aware of people gaining entries to homes to commit crime, I've received death threats.
" I sleep with my 9mm under my bed. I woke up to close the sliding door and heard a noise in the bathroom," Pistorius said in his affidavit.
He said he was scared and did not switch on the light.
"I got my gun and moved towards the bathroom. I screamed at the intruder because I did not have my legs on I felt vulnerable. I fired shots through the bathroom door and told Reeva to call police."
The State State prosecutor Gerrie Nel however argued that Pistorius had put on his prosthetic legs, walked to his bathroom and fired four shots, three of which hit Steenkamp.
"He prepared. He armed himself. The motive was, he wanted to kill," Nel alleged in Pistorius' bail application.
Nel said Pistorius, a double amputee who became an Olympic athlete, walked seven metres to the small bathroom.
Pistorius's court appearance happened on the exact time of Steenkamp's funeral which took place in Port Elizabeth. 
Several local and international media were on Tuesday turned away again at the doors of the court even though many of them have been queuing outside the court building since 06:00 on Tuesday.  
Chaos took over as the media all desperately wanted one of the 26 places set aside for them.
It was still unclear if a second court room would be opened on Wednesday to accommodate all the members of the media.

UPDATE: 19 February 2013; 15:30

The bail application of Oscar Pistorius was adjourned for the day, and would continue on Wednesday.

Pistorius would remain in custody overnight.


UPDATE: 19 February 2013; 14:20

Oscar Pistorius's affidavit, which tell the story of what happened the evening before Valentines Day, was read in court during his bail application in the Pretoria Magistrate's Court on Tuesday.

Pistorius said in his affidavit he and Reeva Steenkamp were very much  in love. He denied the murder charges.

Pistorius said in his statement that earlier in the evening he was watching TV, and his prosthetic legs were off. Reeva was doing yoga. Later they went to bed.

He said he woke up and went to fetch a fan, upon his return he heard a noise in the bathroom.

 "I'm acutely aware of people gaining entries to homes to commit crime, I've received death threats.

" I sleep with my 9mm under my bed. I woke up to close the sliding door and heard a noise in the bathroom," Pistorius said in his affidavit.

He said he was scared and did not switch the light on.

"I got my gun and moved towards the bathroom. I screamed at the intruder because I did not have my legs on and I felt vulnerable. I fired shots through the bathroom door and told Reeva to call the police."

According to Pistorius he then walked back to the bed and realised Reeva was not in the bed. Its then it dawned on him that it could have been her in the bathroom.

"I kicked the door open. Called paramedics and complex security. I tried to carry her down stairs for help. I tried to help her but she died in my arms."

UPDATE: 19 February 2013; 12:46

A second court room will be opened to accommodate the large media contingent that has gathered at the Pretoria Magistrate court for Oscar Pistorius’ bail application.

Hundreds of reporters from national and international media were left locked outside court C, as it was filled to capacity.

Chief Magistrate, Desmond Nair, ruled that the charge against Pistorius was indeed a schedule 6 offence.

This means that Pistorius will have to prove exceptional circumstances in order to qualify for bail.

UPDATE: 19 February 2013, 12:00

State prosecutor Gerrie Nel said in the Pretoria Magistrate's Court on Tuesday paralympian Oscar Pistorius put on his prosthetic legs, walked to his bathroom and fired four shots, three of which hit his girlfriend Reeva Steenkamp, the South African Press Association (Sapa) reported on Tuesday.

"He prepared. He armed himself. The motive was, he wanted to kill," Nel alleged in Pistorius' bail application.

Nel said Pistorius walked seven metres to the small bathroom.

He fired four shots. Three hit Steenkamp.

"It is those cold facts that makes this a premeditated murder," alleged Nel.

He said the bathroom door was broken down and, according to blood spatter analysis, Pistorius picked up Steenkamp and carried her downstairs.

Pistorius kept looking at his feet, his jaw clenched, as submissions on Steenkamp's final moments were made to magistrate Desmond Nair, who has to decide whether to grant him bail.


UPDATE: 19 February 2013 11:00

Advocate Barry Roux told the Pretoria Magistrate's Court they submit that "it's not even murder".

"There's no agreement there, not even concession that this is murder."

Pistorius, who was wearing a dark blue suit, lowered his eyes when arguments started in his bail application, and broke down in tears when his lawyer started defending him.

He is charged with the murder of Steenkamp on Thursday.

Earlier, State prosecutor Gerrie Nel said the State's case was that her death was premeditated, and that it rejected that she may have been mistaken for a burglar when she was shot three times through a bathroom door.

Meanwhile the coffin of the model and law graduate was carried into the chapel at the Victoria Park Crematorium in Port Elizabeth on Tuesday morning for a private family service.

UPDATE: 19 February 2013, 10:33

The South African Press Association reported that State prosecutor Gerrie Nel submitted to a packed court that Steenkamp, who was found dead at his home in Pretoria last Thursday, had arrived at the house between 5pm and 6pm on Wednesday night, February 13.

"There were only two people in the house. Her overnight bag was there and a cosmetic bag was left in the bathroom".

Nel said Steenkamp was shot three times behind a closed bathroom door.

"The door was broken open from the outside," Nel told the court.

With Pistorius still looking at the floor, Nel said the State would say that the door was locked.

Nel said Steenkamp's body was carried downstairs.

Pistorius then told a friend he thought she was a burglar.

Nel wanted to know why a burglar would lock himself in a bathroom.

"We say this in itself constitutes premeditated murder of a burglar," said Nel.

When he finished his argument, Pistorius' lawyer Barry Roux stood up to argue why Pistorius should be granted bail.



UPDATE: 19 February 2013; 10:11

Pistorius has been charged with the murder of his girlfriend Reeva Steenkamp on Valentines Day.

Steenkamp was shot dead at Pistorius's home in Silver Woods country estate in Pretoria last Thursday.

Her funeral takes place in Port Elizabeth on Tuesday. Her body was flown down to the coastal town for a private family ceremony, the South African Press Association reported on Tuesday.

According to Sapa Pistorius's brother Carl and sister Aimee barely spoke, as behind and around them at least 130 people were crammed into the court, which usually accommodates about 40 people, with more trying to get through the door.

Independent forensic pathologist for Pistorius, Reggie Perumal, also arrived shortly after 9.30am.

Just after Pistorius was brought in State prosecutor Gerrie Nel launched straight into the first official details of what allegedly led to the death of Pistorius' girlfriend Reeva Steenkamp.

"There are objective facts that are not in dispute," said Nel.

He said Steenkamp was shot three times behind a closed bathroom door.

Several local and international media were turned away at the doors of the court even though many of them have been queuing outside the court since 06:00 on Tuesday.  

Meanwhile a group of women protested outside the Pretoria Magistrate's Court.

The woman, including members of the ANC Women's League, waved placards which read "Pistorius must rot in jail" and "No violence against women", They were singing and dancing along Frances Baard street.

 The protesters were asked to move away from the court entrance.


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