Oscar Pistorius has been granted bail and released pending murder trial of Reeva Steenkamp
- From: News Limited Network
- February 23, 2013
OSCAR Pistorius has been granted bail and freed from custody pending his trial in the Valentine's Day shooting death of his girlfriend Reeva Steenkamp.
Chief Magistrate Desmond Nair said the prosecution not been established that Pistorius was a flight risk, nor had it been established the accused would be violent again.
Judge Nair made the ruling after four days of arguments from prosecution and defence in Pistorius' bail hearing, and after spending about one hour and 45 minutes announcing his decision.
"I come to the conclusion that the accused has made a case to be released on bail," Judge Nair said to cries of "yes!" from Pistorius's family and supporters.
"The issue is not guilt, but where the interests of justice lie," Judge Nair said.
Olympic athlete Oscar Pistorius and his sister Aimee are driven to a relative's home in Pretoria after his release on bail. The judge banned Pistorius from returning to the home where he fatally shot girlfriend Reeva Steenkamp.
Judge Nair banned cameras from Friday's dramatic bail hearing and complained about cameras constantly "flashing" in Pistorius' face the previous three days of hearings, saying the spectacle made the athlete look like "some kind of species the world has never seen before."
Judge Nair set the bail at 1 million rand ($109,000), with $11,300 in cash up front and proof that the rest is available. The magistrate said Pistorius must hand over his passports and also turn in any other guns that he owns.
Pistorius also cannot leave the district of Pretoria, South Africa's capital, without the permission of his probation officer, Judge Nair said, nor can he take drugs or drink alcohol.
Oscar Pistorius has been freed on $109,000 bail and released ahead of his murder trial, after the judge determined the athlete was not a flight risk.
The double-amputee Olympian's next court appearance was set for June 4. He left the courthouse in a silver Land Rover, sitting in the rear, just over an hour after the magistrate imposed the bail conditions.
The magistrate ruled that Pistorius could not return to his upscale home in a gated community in the eastern suburbs of Pretoria, where the killing of Reeva Steenkamp took place.
Pistorius' uncle, Arnold Pistorius said: "We are relieved at 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 a family, we know Oscar's version of what happened on that tragic night and we know that that is the truth and that will prevail in the coming court case."
Pistorius' senior defence lawyer Barry Roux told reporters the defence is satisfied with the bail.
Olympic athlete Oscar Pistorius, silhoetted in front vehicle, centre, arrives at a relative's home in Pretoria, South Africa after being released from custody.
Judge Nair made the ruling after four days of arguments from prosecution and defense in Pistorius' bail hearing.
During the long session overnight in Pretoria Magistrate's Court, Pistorius alternately wept and appeared solemn and more composed, especially toward the end as Judge Nair criticised police procedures in the case and as a judgment in Pistorius' favour appeared imminent.
Judge Nair said Pistorius' sworn statement, in which he gave his version of the events of the shooting during the predawn hours of Feb. 14 in a sworn statement, had helped his application for bail.
"I come to the conclusion that the accused has made a case to be released on bail," Judge Nair said.
Oscar Pistorius arrives in court for the fourth day of his bail hearing. After a marathon 1 hour and 45 minute ruling, the judge released the athlete under strict conditions.
Pistorius said in the sworn statement that he shot his girlfriend - a model and budding reality TV contestant - accidentally, believing she was an intruder in his house.
Prosecutors say he intended to kill Steenkamp and charged him with premeditated murder, saying the shooting followed a loud argument between the two.
Sharon Steenkamp, Reeva's cousin, had said earlier that the family wouldn't be watching the bail decision and hadn't been following the hearing in Pretoria.
"It doesn't make any difference to the fact that we are without Reeva," she told The Associated Press.
Olympic athlete Oscar Pistorius' father Henke Pistorius, right, with Oscar's brother Carl and sister Aimee watch as Oscar Pistorius enters court for his bail hearing overnight.
Despite the bail decision, prosecution spokesman Medupe Simasiku said: "We're still confident in our case," outside court.
Pistorius faced the sternest bail requirements in South Africa because of the seriousness of the charge, and his defence lawyers had to prove that he would not flee the country, would not interfere with witnesses or the case, and his release would not cause public unrest.
Judge Nair questioned whether Pistorius would be a flight risk and be prepared to go "ducking and diving" around the world when he stood to lose a fortune in cash, cars, property and other assets.
Judge Nair also said that while it had been shown that Pistorius had aggressive tendencies, he did not have a prior record of offenses for violent acts.
Arthur Pistorius, the uncle of South African Olympic sprinter Oscar Pistorius told the media the family is relieved at the bail decision and believes the shooting was a tragic accident.
He criticised Hilton Botha, the previous lead investigator in the case, for not doing more to uncover evidence that the Olympian had violent tendencies. WO Botha was removed from the case after it was revealed he is facing murder charges.
"There is ample room and ample time to do that by looking at the background of the accused," he said.
But while Judge Nair leveled harsh criticism at former lead investigator WO Botha for "errors" and "blunders," he said one man does not represent the state's case and that the state could not be expected to put all the pieces of its puzzle together in such a short time.
Anticipating the shape of the state's case at trial, he said he had serious questions about Pistorius' account: Why he didn't try to locate his girlfriend on fearing an intruder was in the house, why he didn't try to determine who was in the toilet and why he would venture into perceived "danger" - the bathroom area - when he could have taken other steps to ensure his safety.
"There are improbabilities which need to be explored," Judge Nair said, adding that Pistorius could clarify these matters by testifying under oath at trial.
"I come to the conclusion that the accused has made a case to be released on bail," Judge Nair said.
Pistorius said in the sworn statement that he shot his girlfriend accidentally, believing she was an intruder in his house.
Experts said the case would now be fast-tracked through the courts.
Olympic athlete Oscar Pistorius' coach Ampie Louw speaks to the media during the bail hearing at the magistrates court in Pretoria, South Africa.
"This is probably going to get priority and will probably take about six months to go to trial," said Stephen Tuson, a criminal law professor at the University of Witwatersrand.
"It's a high profile matter."
EARLIER: The prosecution case wrapped up, prosecutor Gerrie Nel focusing on Pistorius's affidavit testimony as to what happened the night Reeva Steenkamp was killed. He said the accused athlete should take the stand to testify personally.
He says every angle of the athlete's story is "improbable".
Aimee, Carl and Henke Pistorius have taken the same seats each day during the dramatic and emotional bail hearing for Oscar Pistorius, charged with the murder of his girlfriend Reeva Steenkamp. AFP
"It's always easy to give a version, especially if there's only one person there," he said.
His version: The Pistorius affidavit
On the accusation that the alleged murder was premeditated, the prosecutor said: "I'm not saying the murder of Reeva Steenkamp was planned days in advance, or weeks in advance". But he says Pistorius "wanted to kill".
He also repeated the prosecution stance that Pistorius should not get bail because he is a flight risk and has likened the case to that of WikiLeaks founder Julian Assange, who is wanted for questioning over alleged sexual assaults but has claimed political asylum at an embassy in London. Mr Nel said Assange has skipped bail.
The police station in Pretoria where Oscar Pistorius has been spending his nights in a holding cell with no bed.
"He is a well-known person, he is as well known as Mr Pistorius," he said, explaining that fame should not be a reason to consider an accused person would not flee. He also said the double-amputee's disability should not be given special consideration.
"If somebody with disability commits a crime, we have to treat him differently? Courts cannot be seen to treat famous people differently."
"He (Pistorius) hasn't said so, but he must think that conviction is likely,'' Mr Nel said.
"He must realise that a long term of imprisonment is almost guaranteed. If you're looking at life imprisonment as a possibility, it's not easy to stay if you have means to leave.''
Carl Pistorius (right) accompanies his brother Oscar as the athlete is led from the Boschkop police station east of Pretoria, en route to court for his first appearance on February 15.
Mr Nel said Pistorius "has the international status to be accommodated elsewhere''.
But Magistrate Desmond Nair seemed sceptical over the argument that Pistorius would be a flight risk: Would he be "ducking and diving every day? On those prostheses?" he asks.
The defence has also raised this issue, lawyer Barry Roux saying Pistorius's disability meant he could never go through an airport without being noticed.
"If Pistorius goes through airport security, there's always a commotion, the system reacts. That shows you how difficult it is."
One feature of the hearing has been the silent presence of Pistorius's family.
Grim-faced and occasionally wiping away tears, his father Henke, older brother Carl and younger sister Aimee have occupied the same three seats in the front row of the court house each day. Oscar's mother Sheila - who the Olympian credits as the driving force behind his success - died when he was 15.
Carl Pistorius (@carlpistorius) has been tweeting regularly since Oscar' Pistorius's arrest a week ago.
During Thursday's hearing he accused prosecutors of lying "with a straight face" as judge Desmond Nair complained about the poor quality of evidence from investigating officers.
Carl Pistorius took the unusual step of tweeting from inside the courtroom to condemn prosecutors.
His tweet followed claims by Mr Nel, for the prosecution, that Oscar Pistorius remains a flight risk. He said that the athlete had said that he needed his passport to compete internationally, and that he had not said he would not go anywhere.
Moments afterwards, Carl, who was sitting behind his brother, tweeted: "How does the prosecution lie with a straight face. Passport was tendered to IO [investigating officer]! I went to collect in Johannesburg upon the IO's request."
Earlier, as Mr Nel summed up the prosecution's case opposing bail, Oscar Pistorius began to weep in the crowded courtroom, leading Carl to reach out and touch his back.
During breaks in the proceedings Carl walks through the gallery shaking hands with supporters. He regularly has his arm was wrapped protectively around Aimee while his other shoulder, is pressed tightly against his father's.
But later, after the dramas involving Hilton Botha and problems with the prosecution's evidence, Carl told reporters outside court: "I feel like the court proceedings went well today. We trust that everyone has more clarity about this tragic incident."
Oscar' Pistorius's official website has been turned over for updates on the case.
In the latest update, his uncle, Arnold Pistorius, said on behalf of the family: "We believe that this is an appropriate way to deal with the expressions of support we have received as well as keeping the media informed about any key developments in the case.
With wires
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