Nel: Pistorius using emotions as an escape

The prosecutor on Monday accused the athlete of creating events that never happened.

Gerrie Nel put it to the accused that he is tailoring his version. Picture: Pool.

PRETORIA - Prosecutor Gerrie Nel on Monday accused Oscar Pistorius of creating events that never happened and of using his emotional state as "an escape".

The athlete is accused of murdering his girlfriend Reeva Steenkamp at his upmarket Pretoria East home on Valentine's Day last year.

He also faces two gun-related charges in connection with two separate shooting incidents.

Pistorius pleaded not guilty to all charges during his first court appearance on 3 March.

Picture: Carte Blanche.

Pistorius spent a sixth day on the witness stand on Monday in the North Gauteng High Court in Pretoria.

Nel forced him to account for every decision and action he took on the day in question.

The sportsman broke down several times and was accused of changing the heart of his defence.

Judge Thokozile Masipa had to step in several times to shield Pistorius from Nel's relentless questioning, which has earned him the nickname of 'bull terrier' in the legal circles.

"That question is unfair because if he [Pistorius] says he doesn't know, I don't think you can repeatedly ask him," the judge told Nel.

But the prosecutor defended his line of questioning, accusing the Olympian and Paralympian of making up his version.

"With utmost respect my lady, I say it's not true. He knows and he's hiding it," Nel responded.

"We may infer from the other evidence, but you can't say he knows," Masipa added.

Nel continued to question the 27-year-old about what he could and couldn't hear while shooting at the toilet cubicle.

Picture: Pool.

Nel questioned why some of the most significant sounds the athlete claims to have heard were not included in his plea explanation.

"Why was the fact that the window slammed against the frame not included in your plea explanation," the prosecutor asked.

"I don't know, my lady," responded the 'Blade Runner'.

Nel then put it to the accused that he was tailoring his version.

The prosecutor turned his attention to changes between the athlete's evidence-in-chief and what he said under cross-examination.

"If somebody said you whispered that person would be lying, am I right," Nel asked.

"That's right my lady."

"Do you know who that person is," the prosecutor said.

"No my lady," said Pistorius.

"It's you, you said it," Nel added.

Pistorius could not explain why some aspects were not included in the affidavit he submitted during his bail application, suggesting his legal team may have excluded it.


The state says a reasonable person would have checked the bedroom door to see if Steenkamp had escaped during the commotion.

The athlete says he went back into the dark bedroom with his loaded gun in one hand and searched the bed.

Pistorius says he cannot remember if the duvet on the bed.

Picture: EWN.

He then felt on the floor next to the bed and ran his hand through the curtains, realising at that moment that it may have been his girlfriend in the toilet cubicle.

Nel says if he was still uncertain about whether it was Steenkamp or intruders in the bathroom, why would he he only focused on getting into the cubicle.

Picture: Pool.

He says Pistorius didn't check the open bathroom window where the ladder was and where the intruders could have still been.

The 'Blade Runner' says he wasn't thinking about that, he was just hoping it wasn't Steenkamp inside the toilet.

A reconstruction of the toilet Steenkamp was in. Picture: Pool.

The matter has been adjourned and will resume in the Pretoria court on Tuesday morning.

Video: Nel continues to grill Pistorius.