Friday, February 22, 2013

Bailed Blade Runner heads to relatives' home as it emerges murder trial may be a year away and coach wants him training on MONDAY

  • As his family cheered in delight, the Paralympian bent his head and sobbed
  • But it could be a year or longer before his high-profile trial takes place
  • Paralympic superstar may start training again on Monday
  • Pistorius family: Relieved about today's ruling but are also in mourning
  • Mr Nair strongly criticised Detective Hilton Botha's testimony
  • Pistorius driven out of court with his family to undisclosed location
  • Double-amputee Olympian's next court appearance was set for June 4
  • Bail fixed at one million rand (£73,822) including 100,000 (£7,382) in cash
  • Paralympian denies the premeditated murder of his girlfriend  
Stony-faced and emotionless, Oscar Pistorius looks deep in thought as he headed to a relatives' home this evening.
The Paralympic superstar is pictured next to his devoted sister after leaving the courthouse where he was released on bail. It follows a ruling by a magistrate that he should not be locked up until his trial for the murder of Reeva Steenkamp.
However, it emerged this evening that Pistorius may have to wait more than a year before his trial into Miss Steenkamp's death takes place because of the creaking justice system in South Africa.
It also emerged that Pistorius may start training again on Monday. The South African’s long-term mentor, Ampie Louw, said he was ready to resume training to get Pistorius’ ‘mind, sort of, clear’ although the double amputee will not compete.
‘The sooner he can start with a bit of work, the better,’ added Louw. ‘We can start training Monday' he added.
After an agonising hearing which lasted nearly two hours, Demond Nair concluded that the Paralympic superstar was not a flight risk and was unlikely to commit any further acts of violence if he was released from custody.

Bailed: Oscar Pistorius being drive away from court. He was today released on bail after a magistrate ruled that he should not be locked up until his trial for the murder of Reeva Steenkamp
Bailed: Oscar Pistorius being driven away from court with his sister Aimee. He was released on bail after a magistrate ruled that he should not be locked up until his trial for the murder of Reeva Steenkamp

Released: Oscar Pistorius is pictured through a car window as he leaves court. After an agonising hearing which lasted nearly two hours, Demond Nair concluded that the Paralympic superstar was not a flight risk
Released: Oscar Pistorius is pictured through a car window as he leaves court. After an agonising hearing which lasted nearly two hours, Demond Nair concluded that the Paralympic superstar was not a flight risk

Relief: Pistorius, silhouetted in front vehicle, is pictured arriving at a relative's home this evening
Relief: Pistorius, silhouetted in front vehicle, is pictured arriving at a relative's home this evening
Pistorius's bail was set at one million rand (£73,822) including 100,000 RND (7,382) in cash. Conditions of his release include that he surrenders his passports and travel documents, does not visit his house where the model died and does not use any prohibited substances. He is also banned from drinking alcohol.

He was eventually driven from court at 3.45pm GMT without making any comment. However, his uncle Arnold released a short statement on behalf of the family saying 'We are relieved of the fact that Oscar got bail today.
'But at the same time we are in mourning for the death of Reeva with her family.
'As the family, we know Oscar's version of what happened that tragic night and we know that that is the truth and that will prevail in the coming court case.'

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.
First round: Oscar Pistorius has won his application to be released on bail until the start of his trial for shooting dead girlfriend Reeva Steenkamp

South African Olympic sprinte
Oscar Pistorius
Tense: 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
Day of reckoning: Oscar Pistorius is continuing his fight for bail in the fourth day of a dramatic court hearing
Day of reckoning: Pistorius, 26, is charged with one count of premeditated murder over the February 14 killing of the FHM cover girl
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
The double-amputee Olympian's next court appearance was set for June 4.
Mr Nair made the ruling after four days of arguments from prosecution and defence in Pistorius' bail hearing.
Pistorius, 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.
Mr Nair said Pistorius' affidavit, in which he gave his version of the events of the shooting in a sworn statement, had helped his application for bail in Pretoria Magistrate's Court.
'That reaching out in the affidavit, the way that he did, placing it before the court,' Mr Nair said.
'I come to the conclusion that the accused has made a case to be released on bail.'
Decision: Magistrate Desmond Nair spoke following four days of drama at Pretoria Magistrate's Court bail hearing
Olympic athlete Oscar Pistorius' coach Ampie Louw speaks to the media during his bail hearing a
Work: Oscar Pistorius' coach Ampie Louw, right, said the athlete could start training again on Monday. Magistrate Desmond Nair , left, spoke today following four days of drama at Pretoria Magistrate's Court
 
Kim Myers, a friend of Miss Steenkamp - whose own family were not in court today - told Sky News: 'This is a bail application, not a trial, and we hope and pray that justice will prevail.

'It's still a very sad time for us and we need to remember that somebody did lose their life, and our hearts, thoughts and prayers just go out to the Steenkamp family.

'We're still very sad. She was an amazing person.'
Kenny Kunene, a friend of the athlete, told Sky News that Pistorius had not been given any special treatment, and said the case had taken a toll on Pistorius and his family.
'It has obviously taken a serious toll because they stopped doing everything and they focused on this particular bail application, they have been here every day,' he said.
'Obviously he will have to focus on the case and I think the conditions bind him. They give him time and space to focus on this case, particularly with support from the family.'


Pistorius family members
Pistorius family members
Jubilant:  His family looked delighted that he was released, although this is only the first stage in a legal battle 

Relief: Arnold Pistorius, uncle of Oscar Pistorius, addresses members of the media saying 'We are relieved of the fact that Oscar got bail today'
Relief: Arnold Pistorius, uncle of Oscar Pistorius, addresses members of the media saying 'We are relieved of the fact that Oscar got bail today'
Tense times: Oscar Pistorius' father Henke Pistorius, right, with his children Carl, centre,, and Aimee, left, watch as Oscar Pistorius walks in
Tense times: Oscar Pistorius' father Henke Pistorius, right, with his children Carl, centre, and Aimee, left, watch as the athlete walks in earlier today
Support: His family have sat in the front row everyday this week - at times patting his shoulder and talking to Pistorius as he sat on the bench in front on them
Support: His family have sat in the front row everyday this week - at times patting his shoulder and talking to Pistorius as he sat on the bench in front on them
On display: A 9mm pistol sits beside car keys, a watch and mobile phone on the beside table at Oscar Pistorius's Pretoria home, pictured during a magazine photoshoot in 2010
On display: A 9mm pistol sits beside car keys, a watch and mobile phone on the beside table at Oscar Pistorius's Pretoria home, pictured during a magazine photoshoot in 2010

CONDITIONS OF PISTORIUS' BAIL

He appears in court on 4 June at 8.30am.
9mm firearm t
• He surrenders all passports and refrains from applying for any passports.
• He refrains from entering any airport.
• He turns in all firearms.
• He refrains from possessing any firearms.

`• He refrains from talking to any witnesses for the prosecution.

• He will have a probation officer and correctional official from the date of release until the conclusion of the case.
Cannot leave the district of Pretoria without the permission of his probation officer
• He shall give them a phone number and must be contactable day and night.
• He must not be charged with an offence of violence against women.
• He must not use drugs or alcohol.
The magistrate also ruled that he could not return to his home, where the killing of Miss Steenkamp took place.
Speaking outside court, Medupe Simasiku, from South Africa's National Prosecuting Authority (NPA), told reporters: 'The bail application does not mean that this person is acquitted.'
He said that when the court meets again on June 4, they will have a better idea of when a trial can be held.
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.
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 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.
And that 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.
Animated: Oscar Pistorius' lawyer Barry Roux, centre, gestures during his client's bail application
Animated: Oscar Pistorius' lawyer Barry Roux, centre, gestures during his client's bail application
Battle: Defence lawyer Barry Roux conferring with other court attendees during the hearing today
Battle: Defence lawyer Barry Roux conferring with other court attendees during the hearing today
Lieutenant-General Vineshkumar Moonoo, police detective who will take over the Oscar Pistorius case, appears at the Magistrate Court
Courtroom ordeal: Detective Hilton Botha, who gave evidence against the Paralympian yesterday in front of a laughing courtroom, is accused of drunkenly firing at a minicab
Replacement: Today Lieutenant-General Vineshkumar Moonoo, left, the police detective who will take over the Oscar Pistorius case from Detective Hilton Botha appeared at the Magistrate Court in Pretoria

BACK IN TRAINING TO 'GET HIS MIND KIND OF CLEAR'

 Pistorius' coach, Ampie Louw, says he's considering putting Pistorius back in training to 'get his mind kind of clear.'
Oscar Pistorius of South Africa celebrating with his gold medal
Speaking outside Pretoria Magistrates' Court, Pistorius' coach Ampie Louw said the athlete was heartbroken by his girlfriend's death, telling reporters: 'For me, it's tough to see that. You cannot reach out, sit next to him and say sorry man, this is a terrible accident...'

He said if Pistorius was granted bail, his training would resume, although he will not compete.

Yesterday sports giant Nike confirmed it had suspended its contract with the runner.

'I think that (training) will be a very good thing to do, I think just to get his mind clear,' Mr Louw added.

'The sooner he can start with a bit of work, the better.'
He explained had that been done, given Pistorius did not mention it in his affidavit, that would have been important.
But Mr Nair said he had found it difficult to comprehend why Pistorius had opened fire in the way he did. 
He questioned why Pistorius did not try to locate his girlfriend on fearing an burglar was in the house, why he did not try to determine who was in the toilet and why he would venture into the bathroom area where he thought there was a 'danger.'

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.
The prosecutor said Pistorius had the 'money, means and motive' to flee if given bail, and described how WikiLeaks founder Julian Assange was just as well known, but had avoided bail by seeking refuge in London's Ecuadorian Embassy.
He admitted that despite Det Botha's claims that Pistorius has a home in Italy were incorrect, but said he does have access to a house there.
Magistrate Nair interrupted, saying 'Would he be ducking and diving every day? On those prostheses?'
'Yes,' answered Mr Nel, prompting laughter from the gallery and annoying the prosecutor.
He then went on to suggest that Pistorius might change his face to avoid being recognised. 
Mr Nel questioned why Pistorius, an apparently 'paranoid man' slept with windows and balcony doors open.
Mr Nel said Pistorius' account that Miss Steenkamp was shot while going to the toilet was 'improbable' - he cited the fact the bullet went through her shorts as evidence she was wearing them when she was shot.
He also brought up the witness testimony that neighbours heard arguments, screams and shots - he questioned why witnesses lie about hearing noise that night.
He conceded that Pistorius cried at the scene, but he argued that was to be expected claiming that his emotion was because he was sorry he had shot her and his career was gone. He felt sorry for himself, said Mr Nel.
But defence lawyer Barry Roux mocked Mr Nel's argument that Pistorius is a flight risk saying that every time he goes through airport security it causes a commotion.
He said it would be difficult for Pistorius to flee as he would struggle with his prosthetic legs, which cannot go unnoticed through airport security, need maintenance and adjustment on a monthly basis, and his own legs need regular medical treatment.
Bail condition: The magistrate also ruled that he could not return to his home, where the killing of Miss Steenkamp took place
Bail condition: The magistrate also ruled that he could not return to his home, where the killing of Miss Steenkamp took place
  
He said that if he were prosecuting he would argue it was culpable homicide, not murder.
'He did not want to kill Reeva,' Mr Roux claimed. The charge here is not that he wanted to kill an unknown burglar, he said.
Mr Roux said it makes sense that Pistorius went downstairs to open the front door before carrying Steenkamp's body down, because the security guard is on his way and he wants to let him in.
Yesterday a photo emerged that indicated visitors to the home of Oscar Pistorius were left in no doubt of his need to feel safe.
It shows the silver 9mm pistol he kept on the bedside table next to his car keys, designer watch and remote controls.

Step by step: Pistorius' account of how the events unfolded at his upscale Pretoria home on Valentine's Day
Step by step: Pistorius' account of how the events unfolded at his upscale Pretoria home on Valentine's Day

It emerged yesterday as the case against Pistorius descended into farce. The detective leading the inquiry was replaced after it was revealed that he has been accused of attempted murder.
The gun was pictured in 2010 during a magazine photoshoot at the Blade Runner’s Pretoria home.

It is not known if it is the gun Pistorius used to kill the 29-year-old model, bu firearms expert David W Dyson said yesterday that it looked like a semi-automatic 9mm Taurus parabellum, the type recovered from the scene.

In his affidavit presented to his bail hearing Pistorius, said: ‘I’ve received death threats. I sleep with my 9mm under my bed.’
Argument: Pistorius' defence said it would be difficult for him to flee as he would struggle with his prosthetic legs, which cannot go unnoticed through airport security
Argument: Pistorius' defence said it would be difficult for him to flee as he would struggle with his prosthetic legs, which cannot go unnoticed through airport security
Statement: Pistorius also said that he was 'deeply in love' with his girlfriend and that she had bought him a Valentine's Day present
Charges: Prosecutors believe that Reeva Steenkamp sought refuge in the bathroom after arguing with the athlete dubbed Blade Runner
The athlete applied for firearms licenses for six more weapons weeks before the shooting.

Yesterday South Africa’s top detective was put in charge of the case after Detective Hilton Botha, who had led the investigation, was removed. It emerged that Botha and two other officers are accused of opening fire on a minibus full of passengers.

Police said charges of attempted murder against Botha had initially been dismissed but were reinstated before he was called to Pistorius’s flat after Miss Steenkamp was shot in the early hours of Valentine’s Day.
Botha, who has been accused of bungling the case, will be replaced by Lieutenant General Vinesh Moonoo.

National Police Commissioner Riah Phiyega said the Pistorius investigation would now be handled at a national level.

Police Brigadier Neville Malila, of the South African Police Service, said he learnt only on Wednesday that the charges against Botha, dating from 2011, were active again.

He said they were reinstated before Miss Steenkamp’s death and could not explain why Botha, who has not been suspended, had been given the lead role in South Africa’s most high-profile murder inquiry.
Botha, a police veteran of 24 years, had been embarrassed and ridiculed in the witness box in the packed Pretoria courtroom on Wednesday as he gave confusing and conflicting evidence.

He was accused of contaminating the crime scene in Pistorius’s house and had to backtrack on details such as how far away witnesses were when they heard screaming, shouting and gunshots.

His discomfort continued yesterday as he denied he had been drunk when he opened fire on the minibus and said the incident happened when he and fellow officers had been chasing suspects.
 
Relief: Supporters of Oscar Pistorius celebrate outside the Pretoria Magistrates court
Relief: Supporters of Oscar Pistorius celebrate outside the Pretoria Magistrates court
Message: Supporters hold signs outside the court on the fourth and final day of Pistorius' bail hearing
Message: Supporters hold signs outside the court on the fourth and final day of Pistorius' bail hearing

Waiting: One supporter held a sign reading 'Nobody is perfect not even the president/beggar.'
Waiting: One supporter held a sign reading 'Nobody is perfect not even the president/beggar'
firearm possession.jpg
Questioned by defence lawyer Barry Roux, Botha conceded that Pistorius’s version of events – that he fired into the toilet door in a panic thinking an intruder was lurking behind it – was plausible.

He admitted that telephone records from the night of the shooting, including those of Miss Steenkamp, had still not been obtained.

It led to magistrate Desmond Nair observing there appeared ‘a lack of urgency’ in the police case.

Mr Roux stressed: ‘The poor quality of evidence presented by the chief investigating officer exposed disastrous shortcomings in the state’s case.’
Mr Nair had earlier asked: ‘Do you think there will be some level of shock if the accused is released?’

Mr Roux responded: ‘I think there will be a level of shock in this country if he is not released.’

Last night the Pistorius family appeared optimistic.

The athlete’s uncle, Arnold Pistorius, said the Paralympian, who has spent long periods of the bail hearing sobbing with his head in his hands, was eating again after six days and had spent much of his time in custody reading the Bible.

Sportswear firm Nike suspended its contract with the athlete yesterday.

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