The Oscar Pistorius Murder Trial

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Pistorius Lawyers Appeal Bail Conditions

Lawyers for Oscar Pistorius have filed an appeal in a South African court against bail restrictions imposed on the Olympian, who is charged with murdering his girlfriend, according to papers released by the Pistorius family on Monday.

"The conditions appealed against are unwarranted and not substantiated by the facts," said the appeal, which was filed Friday in Pretoria, the South African capital.

The appeal reflected the robust defense strategy of lawyers for Pistorius, who has been staying at his uncle Arnold's home in a Pretoria suburb since he was released on bail on Feb. 22.

It is a delicate balance because the Pistorius family has also sought to keep a low profile, expressing sorrow for the death of Reeva Steenkamp on Feb. 14. Pistorius says he mistakenly shot Steenkamp, thinking she was an intruder in his home. Prosecutors believe he killed her intentionally after an argument.

The Associated Press received a copy of the court papers by email from representatives of the Pistorius family. The appeal was prepared by Ramsay Webber, a legal firm based in Johannesburg.

In the papers, lawyers for the double-amputee athlete argued against the requirement that he surrender all passports and travel documents, and refrain from applying for such documents pending the end of his case.

The lawyers said evidence presented at the athlete's bail hearing showed he is not a flight risk and should have the option of traveling outside South Africa as long as he has official permission.

The appeal also said there was "no basis in fact or in law" justifying terms under which Pistorius must be supervised by a probation officer and a correctional official.

Officials will visit Pistorius at his uncle's home at least four times a month, according to James Smalberger, chief deputy commissioner of the department of correctional services, who spoke to The Associated Press last month.

"He's not under house arrest, but his movements need to be known to us so that we don't pitch there and he's not there," Smalberger had said. "We agree on 'free time' normally during the course of the day, and in the evening we expect him to be home."

The appeal against the bail conditions also objected to the requirement that Pistorius refrain from using alcohol or any banned substance, even though he had no intention of doing so.

"The mere use of any substance with alcohol in it will give rise to a transgression of the wide condition imposed," the appeal said.

In addition, the runner should be allowed access to the property at Silverwoods Country Estate where he shot Steenkamp, once the state completes its investigations there within a "reasonable time limit," according to Pistorius' legal camp.

"A blanket restriction on speaking to residents is unfair" and infringes on Pistorius' rights to consult people on the estate to prepare for his trial, the appeal said.

Chief Magistrate Desmond Nair had set bail at 1 million rand ($113,000). The 26-year-old track star was also ordered to turn in any guns he owns, and cannot leave the district of Pretoria without his probation officer's permission.


Source : Sapa-AP /pk/fg
Date : 11 Mar 2013 11:02
 
If he shot her thinking she was an intruder, I can imagine his grief.
If he got into an argument with her and then shot her, I can still imagine his grief and regret over what he had done.
 
I can see it now. Instead of a tipped over chair beneath the swaying corpse. 2 Prosthetic legs lying next to a perfectly upright chair.

I say if you wanna wuss out. Turn the gun on yourself OP. Don't get your "Friend", Convinced by your PR team that this would be good for sympathy votes from the public, to run around claiming you are suicidal. Like a teenage girl with an obvious bandage on your wrist, for the whole world to see and go... awwwwwww. Wuss. Just do it, or shut up.
 
blunomore said:
It does sound a lot like the tactic Dewani is using. Too mentally ill to stand trial.
Click to expand...

But only the mental situation at the time of the incident should be taken into effect not afterwards when he knows he is in shyt and wants pitty.

Oscar please don't do it to yourself - I am so looking forward to the court case and would be upset if there wasn't one.
 
Pistorius Files Appeal Against Bail Conditions: NPA

Lawyers for murder-accused paralympian Oscar Pistorius have filed an appeal against his bail conditions, the National Prosecuting Authority said on Monday.

"The papers were served apparently on Friday to the clerk of the court," NPA spokesman Medupe Simasiku said.

"We received a copy thereof during the weekend."

Simasiku said there was no court date yet but the State was preparing to oppose the application.

On Friday, it was reported that Pistorius was to challenge his bail conditions as unwarranted and unfair.

His lawyers were seeking to have several of his bail conditions scrapped or altered, eNCA reported.

In papers before the High Court in Pretoria, his lawyers argued that Pistorius should to be able to travel, given that Magistrate Desmond Nair found during his bail application that he was not a flight risk.

They reportedly argued he should be able to travel if given permission from his case investigating officer.

Pistorius' legal team also contended it should not be necessary for him to report to the Brooklyn police station in Pretoria.

They also sought an end to being supervised by a probation officer and submitting to compulsory drug and alcohol testing.

"There is no desire by the appellant to use any prohibited substance or alcohol, but the condition imposed is not warranted or substantiated by facts," the application reportedly read.

Pistorius would also ask the court to allow him to return to his Pretoria home where he shot his model girlfriend Reeva Steenkamp on Valentine's Day.

His legal team said it was unfair to place a "blanket order" which did not allow him to talk to the residents within the security complex.

Pistorius stands accused of murdering Steenkamp in his Pretoria home on Valentine's Day.

In an affidavit submitted as part of his bail application, Pistorius said he thought he was shooting at an intruder behind a closed bathroom door.

He was granted R1 million bail on Friday, February 22. He was allowed to pay an initial instalment of R100,000, with the balance due by March 1.

Steenkamp was cremated in a private ceremony in Port Elizabeth on February 19.

Pistorius' next court appearance is on June 4.


Source : Sapa /gq/tk/jje/jk
Date : 11 Mar 2013 14:50
 
In papers before the High Court in Pretoria, his lawyers argued that Pistorius should to be able to travel, given that Magistrate Desmond Nair found during his bail application that he was not a flight risk.
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I'm quite sure the magistrate was not using the word flight to mean an aeroplane.

Crazy, no one is going to even consider giving someone with so much money his passport back.
 
oh right he knows he is suicidal just by talking to him. captain stupid has spoken.
 
Oscar not suicidal: family...

Murder accused paralympian Oscar Pistorius has not been suicidal since he shot dead his girlfriend Reeva Steenkamp, his family said on Monday.

"Oscar, broken as he currently is, believes he has a purpose in life and is working towards that. Media reports to the contrary are untrue," Pistorius' uncle Arnold said in a statement.
This was after Mike Azzie, reportedly a close friend of the family, said in a BBC3 documentary about Pistorius that "he could be on the verge of suicide".

Arnold Pistorius said that since the family heard of the events of February 14 it had "worked hard to come to terms with the sad news of Reeva Steenkamp's death and Oscar's role in it".
"As a family it drew us closer together, supporting and encouraging each other, praying for Oscar -- whom we love and who remains our son, brother and nephew."
He said the family was aware of the massive legal costs associated with Pistorius' defence against a charge of murder and that Pistorius had sold a number of his racehorses to help alleviate this financial burden.

"We are acutely aware of the fact that this is only the beginning of a long road to prove that, as we believe, Oscar never intended to harm Reeva Steenkamp. We also realise that the law must run its course, and we respect this process."

Arnold said the family remained confident that in due course Steenkamp's death would be proved "a terrible and tragic accident, which has changed many lives forever".
"Of course Oscar will never be the same, having to live with the knowledge that he caused the death of the woman he loved, but he is coping as best he can with the support of his loved ones," his uncle said.

Source : Sapa /mjs/hdw/ks
Date : 11 Mar 2013 18:20
 
OP and his extended family are well off. I think it was his grandfather being involved in mining and the family itself owns a large number of businesses. He is just getting rid of his race horses, since those were also not mentioned in his affidavit (nor his McLaren). The initial legal fees were about 1,5m and adding Vuma and others he will probably sit at around 3m - in his life that's really pocket money, so I can barely understand all the drama about "financial burden" - it's like me saying "Oh gosh, I had to sell my PS3 and iPad to help alleviate my financial burden".
 
Paralympian murder-accused Oscar Pistorius's legal team has examined the toilet door through which Reeva Steenkamp was shot dead, it was reported on Tuesday.

National police spokesman Brigadier Phuti Setati told Beeld the door was taken to the athlete's home in Silver Woods Estate, in Pretoria, on Friday as part of the investigation and was being retained as evidence.

The newspaper reported that investigators appointed by Pistorius's legal team had asked to see the door in its original position in the house.

The damaged door was removed the day after Steenkamp's death on St Valentines' Day, because it was considered to be a crucial piece of evidence.

After being examined by the defence team, the door was taken back by the police.

On Monday, the British broadcaster, the BBC, aired a documentary about the shooting, in which it interviewed Steenkamp's ex-boyfriend Warren Lahoud, who claimed to have met her for coffee two days before she was killed.


Source : Sapa /pk/fg/clh
Date : 12 Mar 2013 08:33
 
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