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Pistorius: Shooting details presented in court

Murder-accused paralympian Oscar Pistorius
Murder-accused paralympian Oscar Pistorius

Premeditation could not be ruled out in the death of paralympian Oscar Pistorius's girlfriend Reeva Steenkamp, Pretoria magistrate Desmond Nair said.

With Pistorius crying, and his family sobbing and praying in the public gallery, Nair then ruled that the murder charge against Pistorius be treated as a schedule six offence.

This is a section of the Criminal Procedure Act (CPA) which deals with extremely serious offences.

"I find it unfortunate that I have to rule whether this is a schedule five or six case," said Nair.

Under the act, where an accused is charged with an "extremely serious" schedule six offence, he may be released only if he produces evidence to satisfy the court that exceptional circumstances exist which, in the interests of justice, permit his release.

Nair said there did not need to be a set amount of time which passed between planning, and an act, for it to constitute premeditation.

After days of frenzied speculation and leaks in the media about what might have happened, State prosecutor Gerrie Nel went straight to the point at the Pretoria Magistrate’s Court.

As the funeral of model Reeva Steenkamp began in Port Elizabeth allegations on her death emerged at the Pretoria bail bid of her athlete boyfriend Oscar Pistorius.

He repeated last week’s submission that the State believed her death was pre-meditated murder.

Nel said Pistorius put on his prosthetic legs, walked to his bathroom and fired four shots, three of which hit Steenkamp.

“He prepared. He armed himself. The motive was, he wanted to kill,” Nel alleged.

He rejected Pistorius’ version that he mistook Steenkamp for a burglar, and said there was no evidence to support this.

Instead, said Nel: “We say this in itself constitutes premeditated murder of a burglar.”  Nel submitted that Steenkamp arrived at Pistorius’ home, at the Silver Woods country estate in Pretoria, between 5pm and 6pm on the night of Wednesday, February 13.

Pistorius kept his eyes downcast as Nel said there were two people in the house.

Steenkamp’s overnight bag was there and a cosmetic bag was left in the bathroom.

Nel said Pistorius, a double amputee who became an Olympic athlete, walked seven metres to the bathroom, which measured 1m by 1.14m.

The State would argue that the bathroom door was locked. It wanted to know why a burglar would lock himself in a bathroom.

Nel said the bathroom door was broken down and according to blood spatter analysis, Pistorius picked Steenkamp up and carried her downstairs.

Security guards were outside the house and a discussion started.

Pistorius told a friend he had thought Steenkamp was a burglar, Nel told the court.

Pistorius’ lawyer Barry Roux, told Magistrate Desmond Nair the State could not prove that Pistorius had known Steenkamp was on the other side of the bathroom door.

If needed, evidence would be brought of men who had shot their wives or children thinking they were burglars, Roux said.

He would also, if necessary, bring evidence of burglaries and robberies at security complexes.

A teary-eyed Pistorius watched while Roux said: “We submit it’s not even murder.”

“There’s no agreement there, not even concession that this is murder,” said Roux.

PRE-MEDITATED MURDER NOT RULED OUT IN OSCAR CASE

Premeditation could not be ruled out in the death of paralympian Oscar Pistorius's girlfriend Reeva Steenkamp, Pretoria magistrate Desmond Nair said.

With Pistorius crying, and his family sobbing and praying in the public gallery, Nair then ruled that the murder charge against Pistorius be treated as a schedule six offence.

This is a section of the Criminal Procedure Act (CPA) which deals with extremely serious offences.

"I find it unfortunate that I have to rule whether this is a schedule five or six case," said Nair.

Under the act, where an accused is charged with an "extremely serious" schedule six offence, he may be released only if he produces evidence to satisfy the court that exceptional circumstances exist which, in the interests of justice, permit his release.

Nair said there did not need to be a set amount of time which passed between planning, and an act, for it to constitute premeditation.

Meanwhile, mourners were attending Steenkamp’s private funeral at the Victoria Park Crematorium in Port Elizabeth. They included Springbok rugby player Francois Hougaard and pupils of St Dominic’s High School, which Steenkamp attended.

OSCAR'S AFFIDAVIT READ OUT IN COURT

"I fail to understand how I could be charged with murder, let alone premeditated murder, as I did not plan to murder my girlfriend Reeva Steenkamp," he said in an affidavit which was read into the court record.

Pistorius' brother Carl placed his hand on his back while the affidavit, marked as "Exhibit A", was being read into the court record.

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