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Showing posts with label Magistrate Desmond Nair. Show all posts
Showing posts with label Magistrate Desmond Nair. Show all posts

Oscar Pistorius granted bail in Reeva Steenkamp case



South African athlete Oscar Pistorius, who faces murder charges over the fatal shooting of his girlfriend, has been granted bail after a four-day hearing.

Magistrate Desmond Nair said the state had not made a case that he would flee, or that he had a violent character.

The Paralympic champion denies murder, saying he shot Reeva Steenkamp thinking she was an intruder at his home.

The next hearing in the case has been set for 4 June. Bail was set at 1m rand (£74,000; $113,000).

He was ordered to hand over his passport, avoid his home in Pretoria and report to a police station between 07:00 and 13:00 every Monday and Friday.

Mr Nair took almost two hours to deliver his judgement.He criticised the testimony of Detective Hilton Botha for not following up important leads and changing his evidence.

But the magistrate also said he had difficulty understanding why Mr Pistorius had opened fire in the way he did.

However, he said Mr Pistorius had "reached out to meet the state's case" and had given a full version of events at an early stage.

"I come to the conclusion that the accused has made a case to be released on bail," he said.

Mr Pistorius's family and supporters in the court gasped and cheered as the magistrate announced his decision.

His uncle, Arnold Pistorius, said outside court: "We are relieved by the fact that Oscar got bail today, but at the same time, we are in mourning for Reeva Steenkamp and her family."

Conflicting accounts
The hearing began on Tuesday and both prosecution and defence laid out their cases.

Both sides agree that Mr Pistorius shot through the bathroom door four times, hitting and killing Ms Steenkamp.

But prosecutors allege the shooting happened after the couple had an argument at Mr Pistorius's home in the early hours of 14 February.Det Botha told the court that witnesses had heard shouting, screaming and gunfire from about 600m (2,000ft) away.

But later he changed his evidence to suggest the witnesses were much closer.

And on Thursday it emerged that Det Botha faces allegations of attempted murder, and he was removed from the case.

Mr Pistorius says he woke in the middle of the night, and thought there was an intruder in the bathroom.

The prosecutors sought to portray Mr Pistorius as man with a history of violence who was likely to flee the country.

But the defence argued it would be impossible for Mr Pistorius to flee because his prosthetic legs would be noticed wherever he went.

Ms Steenkamp, 29, was a model and law graduate with a burgeoning television career.

Oscar Pistorius, 26, won gold medals at the 2004 Paralympic Games in Athens, in Beijing in 2008 and London in 2012.

In London he made history by becoming the first double-amputee to run in the Olympics, making the semi-final of the 400m.

Pistorius back in court; bail ruling expected




Olympian Oscar Pistorius returned to court on Wednesday to find out if he can be freed on bail after being charged with premeditated murder in the shooting death of his girlfriend.
This is the second day of the bail hearing that is expected to last several more days.

The charge of premeditation makes it more difficult for Pistorius' attorneys to argue he should be released pending trial. To win bail, the defense must argue that "exceptional circumstances" exist that would justify Pistorius' release.
Prosecutors have said they would ask for bail to be denied in the Valentine's Day death of Reeva Steenkamp.
Tuesday's court session ended with no decision on bail for Pistorius, 26. Prosecutors said they needed time to study the affidavits read in court before deciding how to proceed.
In a statement read by his lawyer, Pistorius said he would not try to flee or influence any witnesses if he is allowed out on bail, and he argued his release wouldn't be a danger to public order.
During Tuesday's hearing, Magistrate Desmond Nair upgraded the charge against Pistorius to premeditated murder, saying he could not rule out the possibility that the track star planned Steenkamp's death. But Nair said he will consider downgrading the charge later.
Pistorius' affidavit in alleged murder of girlfriend

A tragic mistake?
While prosecutors and defense lawyers agree Pistorius shot Steenkamp, the track star denied intentionally killing her.
"I fail to understand how I could be charged with murder, let alone premeditated murder because I had no intention to kill my girlfriend," Pistorius said in his statement.
"We were deeply in love and couldn't be happier," he said. "I loved her and I know she felt the same way."In his statement, Pistorius said Steenkamp came to his home February 13 for a quiet dinner. They wrapped up the night with a bit of television in bed for him, some yoga for her. She had brought him a Valentine's Day present to open the next day.
After the couple had gone to bed, he said he got up in the early hours of February 14 to close the balcony door in his bedroom when he heard a sound in the bathroom.
Pistorius said he'd been a victim of violence and burglary in the past, and realized with terror that contractors who worked at the house had left ladders outside.
Fearing someone had entered the home through the open bathroom window, Pistorius grabbed his 9mm pistol from under the bed, moved in the dark on the stumps of his amputated legs and yelled at what he thought was the intruder to get out.
"I fired shots at the toilet door and shouted to Reeva to phone the police. She did not respond and I moved backwards out of the bathroom, keeping my eye on the bathroom entrance," Pistorius said in his statement.
"Everything was pitch-dark in the bedroom and I was still too scared to switch on a light."
"When I reached the bed, I realized that Reeva was not in bed. That is when it dawned on me that it could have been Reeva who was in the toilet. I returned to the bathroom calling her name," he said.
He said he threw open the balcony door and screamed for help, put on his prosthetic legs and tried to kick in the door to the separate room inside the bathroom containing the toilet. Then, he said, he picked up a cricket bat, smashing panels out of the door before finding a key and unlocking it.
"Reeva was slumped over but alive," he said.
Pistorius said he called for help and was told to take her to the hospital himself.
He carried her downstairs and tried to help her, but she died.

A premeditated murder?
Prosecutors, however, painted a different picture.
They rejected Pistorius' claim that he mistook her for a burglar, saying it would make no sense for an intruder to hide behind a locked bathroom door.
Instead, they say Pistorius armed himself, attached his prosthetic legs and walked 7 meters (23 feet) to shoot Steenkamp through a bathroom door after a heated argument.
Defense attorney Barry Roux questioned the state's argument, asking how prosecutors would know Pistorius had put on his prosthetic legs and walked to the bathroom before shooting his girlfriend.
Police were alerted to the shooting by neighbors, and residents had "heard things earlier," police spokeswoman Denise Beukes said.
Authorities said there had been "previous incidents" at the home, including "allegations of a domestic nature," but did not provide details.
Detectives are investigating the blood-stained cricket bat found in the home, Johannesburg's City Press newspaper reported. They are trying to determine whether it was used to attack Steenkamp, if she used the bat in self-defense, or if Pistorius used it to try to break down the bathroom door, the newspaper said.

The case of the global sports hero known as the "Blade Runner" has riveted stunned fans around the world.
As he walked into court in a blue shirt, gray suit and tie, frenzied photographers snapped away, prompting the judge to demand they stop.
The scene was a far cry from the packed stadiums that erupted in applause whenever the double-amputee competed against men with legs.
Social media reaction to the case came down against the sports star, but was still noticeably mixed on CNN's Facebook page.
"There's no amount of tears that will save you," said Anthonia Nneka Nwabueze. "Pistorius must face the Law for brutally killing an innocent girl - Reeva."
"My favorite athlete but what he did is grave and must be punished," Carlos Alvarez Ochoa said.
But another person who posted called for patience.
"(N)one of us were in the house when his girlfriend was murdered, let's hold off on casting stones at Oscar Pistorius," said Adrian van Liere Since. "Just like anyone else, he deserves a just trial, and in my eyes remains innocent until proven guilty."
 
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