No proof Pistorius planned murder - lawyer

Oscar Pistorius stands in the dock as he waits to hear the outcome of his bail application. Picture: Lesego Ngobeni/EWN.

PRETORIA - Murder accused Oscar Pistorius' defence team started picking apart the state's case on Thursday, saying there was no evidence to support the allegation that he planned the murder of Reeva Steenkamp.

Closing argument in the athlete's bail application continued in the Pretoria Magistrate Court today.

Police arrested Pistorius at his home in Pretoria a week ago following Steenkamp’s murder.

Defence advocate Barry Roux said the claim that the shooting was planned is without substance.

“If the application planned or had the pre-meditation to kill Reeva, he did not need a locked bathroom. He could have done so in the bathroom or wherever.”

Roux said the post mortem fully explained Steenkamp's presence in the bathroom.

“That the post mortem shows that Reeva’s bladder was empty at 3am in the morning is consistent only with a person who got up in the early hours of the morning to use the toilet.”

The advocate said there was no evidence to show that Pistorius knew at the time that the toilet door was locked.

“In seeking to protect himself and Reeva, and because he considered himself to be vulnerable as he did not have his prosthetic legs on, he fired the shots.”

He also said the investigating officer cannot even dispute Pistorius' version of events.

“On his evidence, he conceded that the version in the applicant’s affidavit was consistent with the known evidence at that stage. But at this stage (the investigating officer) could not refute the evidence."