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Friday 22 February 2013

Pistorius MAKES bail: Blade Runner is freed by court after magistrates rules he is NOT a flight risk

Oscar Pistorius has won his application to be released on bail until the start of his trial for shooting dead girlfriend Reeva Steenkamp.
The Paralympian bent his head and sobbed as Magistrate Desmond Nair delivered his decision following four days of dramatic testimony at Pretoria Magistrate's Court bail hearing.
While courtroom supporters could be heard saying 'yes,' the athlete's weeping family were more subdued and appeared to pray after Mr Nair announced his decision following a 90-minute speech to the court.
Pistorius, 26, is charged with one count of premeditated murder over the February 14 killing of the FHM cover girl. He says the shooting was accidental because he thought she was a dangerous intruder inside his home.



The Paralympian is now nervously awaiting the decision of the magistrate who will announce this afternoon if he can be freed before trial or if he has to remain in custody.
Verdict: The Paralympian is now nervously awaiting the decision of the magistrate who will announce this afternoon if he can be freed before trial or if he has to remain in custody


Oscar Pistorius

Tense: The Paralympian's hands trembled as he said 'good morning, your worship' as the court session began in Pretoria Magistrate's Court, in South Africa's capital
Day of reckoning: Oscar Pistorius is continuing his fight for bail in the fourth day of a dramatic court hearing
Day of reckoning: Oscar Pistorius is continuing his fight for bail in the fourth day of a dramatic court hearing
Day of reckoning: Oscar Pistorius is continuing his fight for bail in the fourth day of a dramatic court hearing
Scrutiny:  Miss Steenkamp's Valentine's Day killing has seized the world's attention and there was intense focus today if Pistorius would be released, and if so, with what conditions
Following the verdict, Pistorius was taken down to the cells beneath the court, where he will be processed and released to his family.
During the lengthy hearing, Pistorius looked distraught as Mr Nair summed up the evidence the court has heard, including the Paralympian's own account of what happened when he opened fire.
Mr Nair, who previously described his task as 'unenviable', said there was no suggestion that Pistorius was a flight risk, he did not appear to have a propensity to violence, and there was no evidence that he would interfere with witnesses.
He said that the state only has circumstantial evidence but that 'does not prevent it being schedule six and I will approach it in that vein' - in the legal system schedule six means premeditated murder.
He said Pistorius had 'reached out' in his affidavit describing what had happened, and - pausing before he delivered his final decision to the packed courtroom - said: 'I come to the conclusion that the accused has made a case to be released on bail.'

But Mr Nair was scathing in discussing Detective Hilton Botha's testimony presented to the court earlier in the week, saying he 'made several errors and concessions during cross-examination.'
He said Det Botha's perception of distance was 'astounding' when he discussed how near witnesses were to Pistorius' home.
He said Det Botha 'blundered' on description of substances by saying testosterone and pointed out he was forced to concede there was a cartridge out in the passage which he had omitted from evidence.
Wiping his brow due to the heat in the court, Mr Nair said Det Botha did not spend as much time as he ought to in order to show Pistorius had a propensity towards violence.
He stated the past incidents as discussed in court were not enough to establish a propensity towards violence.
Nair said said the prosecution did not do enough to establish whether or not Pistorius had a house in Italy.
He explained had that been done, given Pistorius did not mention it in his affidavit, that would have been important.
Miss Steenkamp's Valentine's Day killing has seized the world's attention and there was intense focus today if Pistorius would be released, and if so, with what conditions. 
He has been held at a police station in Pretoria since last week, but suspects who are denied bail are typically held in a prison.
The fourth day's proceedings began with prosecutor Gerrie Nel admitting the prosecution had  interpreted Pistorius' affidavit wrongly
Mr Nel said the way he read the affidavit was that Pistorius was saying he did not do anything wrong, not even culpable homicide. But he added that it was Pistorius' fault and he should have testified.


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