Friday, February 22, 2013
Oscar Pistorius Granted Bail
A magistrate granted bail Friday to Oscar Pistorius, citing a number of problems with the police investigation into the death of the Olympic sprinter's girlfriend.
"I come to the conclusion that the accused has made a case to be released on bail," said Chief Magistrate Desmond Nair, eliciting a celebratory cry of "Yes!" from the courtroom.
Nair said the former chief investigator in the case, Hilton Botha, had made "several errors and concessions" during his testimony.
Specifics of Pistorius' release have not yet been announced.
The decision comes at the end of a four-day bail hearing that has been remarkable for not only its length, but also its allegations of miscues by a lead police investigator who himself faces attempted murder charges.
Pistorius is accused of premeditated murder in the February 14 shooting death of Reeva Steenkamp, 29. Authorities and Pistorius' team agree that he killed Steenkamp, but Pistorius says he mistook her for an intruder.
Prosecutor Gerrie Nel told the judge in final arguments before a packed Pretoria courtroom that Pistorius didn't deserve bail.
"He must realize that long-term imprisonment is almost guaranteed. He might think he'll be acquitted."
The prosecution had several notable missteps during the bail hearing, including the removal of the lead investigator, who had earlier acknowledged under questioning from defense attorney Barry Roux that police could have contaminated the crime scene and had failed to properly catalog evidence.
The South African Police Service pulled Botha, from the case Thursday after prosecutors reinstated seven counts of attempted murder charges against him. Botha is accused of opening fire on a minibus full of people while allegedly drunk in 2011.
The sprinter, however, says he thought an intruder was hiding in a toilet room inside the bathroom of his Pretoria home. He says he fired into the room in a fit of terror before realizing Steenkamp was inside.
"We all know that a lot of important people were granted bail and they stayed in the country," Nel told the magistrate. "But lots of very important people have escaped."
Nel pointed to the case of WikiLeaks founder Julian Assange, who fled to the Ecuadorian Embassy in London to avoid extradition to Sweden, where he is wanted for questioning over sex assault allegations.
Assange's face was well-known, the prosecutor said, but "it didn't stop him fleeing arrest."
Roux said the track star needs regular medical treatment for his stumps and his prostheses require routine maintenance.
"Mr. Pistorius cannot go unnoticed through an airport due to his legs," he told the judge.
Pistorius, eyes red, appeared emotional and drained.
At one point, he sat with his eyes closed and shoulders shaking as tears rolled down his face. At other times, he stared straight ahead.
In arguments wrapping up during Thursday's session, the prosecutor said Pistorius' defense team has failed to explain why investigators found two cell phones and the gun believed to have been used in the shooting in front of the shower.
That goes to the prosecution claim that Steenkamp didn't merely get up to relieve herself in the middle of the night, but in fact had locked herself in the bathroom with her cell phone to protect herself from Pistorius.
Earlier in the hearing, Nel argued that evidence showed Pistorius intentionally targeted Steenkamp. Ballistic evidence showed he had to aim at the toilet to hit her, Nel said, and how the bullets traveled through the door suggested he was standing on his prosthetic legs, not his stumps as he claimed.
Pistorius said in his statement that when he shot through the door, he was feeling vulnerable to an intruder because he was not wearing his legs and had limited mobility.
See Video & Read More... http://www.cnn.com/2013/02/22/world/africa/south-africa-pistorius-case/index.html
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