Oscar Pistorius left jail on Friday, free on bail, after a four-day bail hearing. Pistorius, age 26, a renowned Olympic and Para-Olympic sprinter, is accused of pre-meditated murder in the February 14 shooting death of his model girlfriend, Reeva Steenkamp, age 29. He has remained in jail since shortly after Steenkamp’s body was discovered in his Pretoria, South Africa home.
Prosecutors say Pistorius killed Steenkamp after a heated argument in the early morning hours of Valentine’s Day. While, Pistorius says he thought an intruder was hiding in a toilet room in the bathroom of his home, saying he fired in terror before realizing Steenkamp was inside.
Magistrate Desmond Nair ultimately decided on Friday that the state had problems with its investigation and had not offered enough proof to keep Pistorius jailed, saying “I come to the conclusion that the accused has made a case to be released on bail.” Cheers could be heard from the audience, though Pistorius remained quiet and uncelebratory, simply hugging his family
Nair did recount a “litany of ‘improbabilities’” in Pistorius’ account of what happened early that morning, he said the defense had done enough to prove the “exceptional circumstances” required by South African law for the release of a suspect charged with premeditated murder. He went on to say that the former chief investigator in the case, Hilton Botha, had made “several errors and concessions” in his testimony at the bail hearing; and that prosecutors had failed to prove that Pistorius was a flight risk.
During the bail hearing, prosecutors relied heavily on Botha’s testimony arguing that Pistorius had a history of violence and that his account of what happened that night did not add up. Prosecutors presented statements from witnesses who said they heard Pistorius and Steenkamp arguing before the shooting and ballistic evidence that proved Pistorius was lying about how he had shot into the door. However, when questioned by defense attorney Barry Roux, Botha seemed to buckle. Roux got Botha to acknowledge that the bullet evidence was not actually as conclusive as he had stated and at least one of the witnesses could not actually say for certain that the sounds he heard before the shooting actually came from Pistorius’ house. The defense attorney went on to point out that Botha had not exhaustively checked cell phone records and did not even verify with Interpol that Pistorius does actually own a home in Italy before testifying that he does. The only source indicating that Pistorius owns a home in Italy is a magazine article. The defense further pointed out that defense investigators found bullet evidence that had been missed by the police and provided evidence that police may have contaminated the scene by failing to wear protective shoe covers. Botha testified that police had run out of the shoe covers. Finally, Nair pointed out that Botha had “blundered” in testifying that a substance recovered from Pistorius’ home was testosterone. The defense provided evidence that the substance is actually a legal herbal remedy. Tests are still ongoing to determine the true nature of the substance.
The chief investigator, Botha, has been replaced at this point as prosecutors have reinstated attempted murder charges against him in an unrelated incident from 2011 when he drunkenly fired at a minibus full of people.
Pistorius was released from jail after posting a cash bond of 100,000 Rand (approximately $11,200) with another 900,000 Rand (approximately $100,800) due by March 1. He went to his uncle’s home after his release. As terms of his bail, he cannot return to his home where the shooting occurred, he has to turn in his passport and he cannot go near an airport. He also cannot drink alcohol and must report to a police station every Monday and Friday.
Premium Link: 18th Judicial Circuit Public Defender – Brevard and Seminole County Public Defender’s Office – How can you get your link here?