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Pistorius trial: State to rely on '13 facts'

The post-mortem report, ballistic tests & forensic analysis of the scene will form part of the state's case.

Murder accused Oscar Pistorius. Picture: AFP.

JOHANNESBURG - Eyewitness News can reveal that the state will rely on 13 facts which it believes will prove that Oscar Pistorius is guilty of the murder of his girlfriend Reeva Steenkamp.

The details are contained in a response to an application by the defence team for further particulars.

Statements from neighbours, forensic analysis of the scene, the post-mortem report, and ballistics tests of the toilet door and firearm all form part of the 13 points the state believes will seal its murder case against Pistorius.

Prosecutor Gerrie Nel will present five witnesses who heard screams which were, as described in the documents, extinguished at the same time as the gunshots.

The state will argue the amount, trajectory and grouping of the shots fired through a locked door can only indicate a direct intention to kill.

The parlaympian's website activity that evening will also come under the spotlight, with the prosecution stating it is in direct contrast to that of a loving couple spending time together.

Pistorius stated in his bail application that he was watching TV that evening, while Steenkamp did yoga.

Nel will argue that the athlete's actions and demeanour that night were far removed from that of a person thinking there was a burglar in the house.

Pistorius shot and killed Steenkamp at his luxury Pretoria-East home on Valentine's Day last year.

He insists it was a case of mistaken identity and says he believed Steenkamp was an intruder. The state will argue it was premeditated murder.

The trial starts on 3 March and has been set down for three weeks.

THE STATE'S 13 FACTS:

  1. The state relies on the evidence of a witness. During the early hours of 14 February the witness states to have heard, "talking like fighting" and a woman's voice constantly talking. The witness formed the impression that the woman was arguing. This stopped after the shots were fired.

  1. Two witnesses heard a woman scream before shots were fired.

  1. Another two witnesses heard shots followed by the screams of a woman and then further shots. The screams were extinguished at the same time of the last shots.

  1. Pistorius's website activities from the time that he got home is in direct contrast to that of a loving couple spending time together.

  1. The amount, trajectory and grouping of the shots fired through a locked door can only be inferred to indicate a direct intention to kill the person behind the closed door.

  1. The position and condition of the gun in the bathroom.

  1. On his own version, Pistorius armed himself, walked to the bathroom and shot through the closed door without ascertaining who was behind the door or whether or not he was even faced with any danger.

  1. Steenkamp was clothed when she was shot.

  1. Steenkamp was standing upright facing the door when she was

shot.

  1. Steenkamp had something to eat hours before she was killed.

  1. The presence of the cellphones in the bathroom militates against a version that Steenkamp innocently went to the toilet at the time.

  1. The fact and the way in which Pistorius broke down the toilet door.

  1. Pistorius's version "is not reasonably possibly true and it is our case that if rejected by the court the objective facts will prove the murder with direct intent of the deceased".

It is also alleged security called Pistorius after shots were fired.

When asked by the guard if everything was in order, Pistorius apparently indicated that he was fine.

He never asked for their help and didn't report the shooting incident to them.

The state also makes it clear that some of the testimony from former investigating officer Hilton Botha during the bail application is now irrelevant as the state is now supported by forensic and ballistic reports.

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