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Prosecutor slams Pistorius's affidavit

Prosecutor Gerrie Nel says Oscar Pistorius’s statement can’t be tested because he won’t testify.

South African Paralympic sprinter Oscar Pistorius appears in the Pretoria Magistrate Court on 20 February 2013. Picture: AFP.
Oscar Pistorius shoots girlfriend,Oscar Pistorius in court,Barry Roux,Gerrie Nel,Hilton Botha
Local

PRETORIA - Prosecutor Gerrie Nel argued the state's case in Oscar Pistorius's bail application at the Pretoria Magistrates Court today.

Nel tore at Pistorius’s statement put forward to the court, saying the 'Blade Runner' should not be treated any differently because he is an internationally renowned athlete.

He also criticised Pistorius for showing a lack of seriousness for the charges against him and insisted he was a flight risk. 

Nel told the court Pistorius’s behaviour in the hours leading up to his model girlfriend Reeva Steenkamp being murdered were indicative of a man ready and willing to kill. 

The love said to exist in the relationship between Pistorius and Steenkamp was not evident on night of murder, Nel claimed.

The Blade Runner was composed for most of the day but broke down in sobs, covering his face with his hands when Steenkamp's name was mentioned. 

'NO EVIDENCE OF PREMEDITATION’

Earlier, defence advocate Barry Roux started picking apart the state's case, saying there was no evidence to support the allegation that Pistorius planned to murder Steenkamp.

Roux said the claim that the shooting was planned is without substance, arguing there was no proof that his client should be kept behind bars for the duration of the trial.

“If the applicant 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 Hilton Botha could not even dispute Pistorius's version of events.

“In his evidence, [Botha] 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."

Botha was removed as the lead detective on Thursday after Eyewitness News revealed he was facing seven attempted murder charges. It is alleged he and two other officers shot at a mini-bus taxi in Mpumalanga several years ago.

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