Oscar Pistorius is spending a seventh night behind bars awaiting a bail verdict amid damning witness claims that a shot was fired from his home followed 17 minutes later by more gunfire.
The
dramatic witness evidence was revealed by the prosecution on the second
day of the 26-year-old athlete's bail hearing at Pretoria Magistrates'
Court where he faces a charge of premeditated murder.
In
the lead up to Reeva Steenkamps's death prosecutors say 'non-stop
shouting' was heard coming from the luxury gated property in Pretoria
between 2am and 3am on the morning on Valentine’s Day.
Hearing: Boxes of 'steroids, testosterone' and
needles were found at Oscar Pistorius' home where he shot girlfriend
Reeva Steenkamp dead after 'non-stop' arguing, a court heard today
World scrutiny: The details were revealed by the
prosecution on the second day of the 26-year-old athlete's bail hearing
at Pretoria Magistrates' Court where he faces a charge of premeditated
murder
Claims: Pistorius claimed it was dark when he
shot the model, but today police claimed a witness heard gunshots, saw
the lights on, heard 'a female screaming' and then more shots
Damning: The first half of the hearing saw
damning allegations surface, but after a recess his defence team fired
tough questions at the main witness, chief investigative officer Hilton
Botha
This afternoon Pistorius looked distraught as the hearing heard a post-mortem showed three entrance wounds - the bullets hit the right side of Miss Steenkamp's head, her right elbow - which resulted in a broken arm - and her hip.
Yesterday the global sporting star
said in a sworn affidavit that he mistook Miss Steenkamp for an intruder
and shot her through the locked door of a toilet in his mansion home.
He said he thought she was in his bed when he opened fire with a 9mm pistol . ‘I kicked the door open, I tried to help her but she died in my arms,’ he said in his first account of what happened
In the first half of the hearing
today shocking allegations surfaced that the police and prosecution
believe undermine Pistorius' defence, but after a recess his defence
team fired tough questions at the main witness, chief investigative
officer Hilton Botha.
Evidence: Lawyers and police studied plans of the bedroom and bathroom as the bail hearing proceeded
Step by step: Pistorius' account of how the events unfolded at his upscale Pretoria home on Valentine's Day
SOUTH AFRICAN LEGAL SYSTEM: NO JURY TO DECIDE
As Pistorius spends a seventh night in a jail cell, he will be considering what will happen when the case goes to trial...
When will it be held?
Although
South African courts are slow, this case is being played out in front
of the worldwide media so it could come to trial within six months.
Where will it be held and who will decide?
It
would probably be held in the the high court in Pretoria. It would be
heard by a single judge accompanied by one or more technical experts,
typically magistrates or retired magistrates.
Why will be there not a jury?
South Africa abolished the jury system in the 1969 because of racial politics.
There was no hope of black defendants being given a fair trial because only white people were allowed to sit on juries.
Does that mean anything can be reported as a jury can not be biased?
A
lack of jury means that the typical media reporting restrictions that
would be in place for a jury trial in most legal jurisdictions based on
the English common law system do not apply.
In
the UK, leaked details of a criminal investigation would be likely to
put a publication at risk of being held in contempt of court.
The
reasoning is that judges are trained to put aside their prejudices and
decide cases on the basis of the evidence before them and the law.
Also unlike juries, they also have to give reasons for their decisions.
As the prosecution began setting out its case this morning, they
claimed a witness heard 'two to three' shots, saw lights turn on, and
then 17 minutes later heard 'two to three more shots.'
Mr Botha - the first officer on the
scene - told the packed court a separate witness also claimed they heard an
hour-long fight between 2.am and 3.am before
the sound of gunshots rang out.
Earlier Mr Botha said he arrived at the upscale Pretoria house at about 4.15am last Thursday and the 29-year-old model had already been declared dead - 'she had on white shorts and black vest. She was covered in towels.'
Pistorius, who underwent
below-the-knee amputations when he was 11 months old, said he shot
through the toilet cubicle door while on his stumps but the court heard
the bullets' trajectory was through the top of the door.
Mr Botha, who has 16 years' experience as a detective, said he believed the bullets
were fired down, suggesting that Pistorius was wearing his prosthetic
legs when the shots were discharged.
Lawyers and police studied plans of the bedroom and bathroom - a projector was used to beam the plans up for the public and press to see.
Gerrie Nel, the chief prosecutor asked Mr Botha if the shots were fired directly at the toilet basin and he agreed.
'If you fire straight at the door, you miss the toilet,' he explained.
Police believe a cricket bat found in the bathroom was used
to break down the door to the toilet - part of the door was lying in the
bathroom. One bullet cartridge was found outside bathroom while three others were inside.
On the shower mat in the en-suite
bathroom lay a firearm and an iPhone 4 and iPhone - there were blood spatters on one of the phones.
Mr Botha said four
phones in total were found in the athlete's home and none of them had
been used to call emergency services.
'SHE WAS A JEZEBEL SENT FROM HELL': FURY AT FORMER NIGERIAN MINISTER'S ATTACK ON VICTIM
Former
Minister of Aviation, Femi Fani Kayode has sparked outrage after
blaming Reeva Steenkamp for her death saying the 'jezebel' provoked the
global sporting star into a murderous rage.
He
said that the Paralympian 'was provoked into a murderous rage by his
pretty little lover and that she played on his insecurities and
inadequacies.'
'In one
moment of blind rage he has lost everything.. and all because of a sexy
and pretty little model who the devil sent his way,' he wrote.
The
court also heard that two boxes of testosterone and needles were found
in Pistorius' bedroom - the state prosecutor had to correct Mr Botha when he initially called the substance 'steroids.'
In the same room they also found an overnight bag was on a
couch on the left hand side of the bed as well as slippers.
Mr Botha said he wanted Pistorius
charged additionally with a weapons violation after unlicensed .38
calibre ammunition was found in the athlete's bedroom safe - though the defence later claimed the ammunition belonged to the athlete's father Henke.
Pistorius
has said he had been a victim of crime and received death threats, but
today the court heard there were no records of this.
The athlete made notes with a silver pen as the case progressed.
Second day: Pistorius is transported to the
Pretoria Magistrate Court for the second day of his bail hearing earlier
this morning
Misleading: Police used decoys when Oscar Pistorius was transported to the Pretoria Magistrate Court
Decision: Pistorius, who last year became the
first double-amputee track athlete to run at the Olympics, will now
spend a seventh night behind bars before the hearing resumes in the
morning
PISTORIUS' WEAPONS APPLICATION
Pistorius has applied to the central firearms registry as collector to these firearms.
Six applications are pending, but any charge of violent crime will make it unlikely that firearm licenses will be granted.
Mr Botha said there was 'no way' he believed Pistorius's version of events.
He said he believed Pistorius, who won two gold medals and a silver
at London’s 2012 Paralympic Games, was a flight risk and he was opposing
bail.
He told the court
Pistorius has offshore accounts and a property in Italy - which was
later disputed by Pistorius' team - and said that he saw the runner's family looking for documents and a specific memory stick with details of offshore accounts.
Discussing extradition he said: 'We don't want another Dewani to happen. We're still waiting to get him back in the country.'
He was referring to Shrien Dewani who is wanted in South Africa over the honeymoon murder of his wife in November 2010, but is now fighting extradition in Britain.
Today
details were released of a row he allegedly had with a man over a girl
at Kyalami racetrack where Pistorius allegedly threatened to 'f*** up'
the rival.
It was also
claimed he was involved in another shooting at a restaurant in
Johannesburg in January and asked the gun owner to take responsibility
for the incident.
Scene of horror: This is the toilet cubicle
where Reeva Steenkamp was found 'slumped over but alive' after being
shot three times through the locked door
Hidden: Prosecutors believe that Pistorius stood
near the large corner bath and took aim at the cubicle door (seen on
the right) which Miss Steenkamp was hiding behind
Cross-examination: The court gasped and the
magistrate was forced to call for order after Mr Roux revealed that the
witness who allegedly heard the screaming lived 600 metres away
Statement: Pistorius said that he was 'deeply in love' with his girlfriend and that she had bought him a Valentine's Day present
The defence will have to prove the extenuating circumstances that would justify granting bail so Pistorius will be free until the trial starts.
It is not expected to begin for at
least four months - it would be heard by a judge sitting alongside two
assessors – typically magistrates or retired magistrates - as the South Africa legal system does not have a jury system.
Next Pistorius' lawyer Barry Roux, one of South Africa’s leading defence lawyers, crossed examined the policeman.
The
court gasped and the magistrate was forced to call for order after Mr
Roux revealed that the witness who allegedly heard the screaming lived
600 metres away - later on in questioning Mr Botha admitted the distance
may have less such as 300 metres.
Mr Roux said there was no sign of an assault or a struggle on Miss Steenkamp.
While
questioning the detective Mr Roux that the substance found in his
client's room was not banned and that police were trying to give the
discovery a 'negative connotation.'
'It is an herbal remedy,' Roux said. 'It is not a steroid and it is not a banned substance.'
Police
'take every piece of evidence and try to extract the most possibly
negative connotation and present it to the court,' he said.
Prosecutor
Nel also had to clarify that police were not saying that Pistorius was
using the substance, only that it was discovered along with the needles
in his bedroom.
Mr
Roux said a post-mortem examination showed Miss Steenkamp's bladder was
empty and said that was consistent with her getting up at 3am to go to
the toilet.
The lawyer
asked repeatedly why the police did not make simple checks - over the
lighting and whether Pistorius had other phones.
He said Pistorius phoned the housing complex manager for help at 3.19am then Netcare hospital a minute later.
Although Pistorius
looked distraught at the beginning of the hearing, he was not as
emotional as yesterday's appearance and looked more positive as his
defence lawyer rounded on Mr Botha.
International
Paralympic Committee spokesman Craig Spence told the media after the
substance claims that Pistorius was drug tested twice in London last
year by the IPC, on August 25 and September 8 and both test results were
negative.
Yesterday Pistorius sobbed uncontrollably as Mr Roux, read the
athlete’s statement asking that he
be allowed bail.
Media glare: Press line up outside the Pretoria
Magistrate Court - the hearing was delayed due to the scrum and one
journalist was reported to have fainted
Tough decisions: The hearing at Pretoria
Magistrates' Court is due to resume at 11am local time tomorrow morning -
it was initially expected to last for two days
Fame: The global sporting star's arrest has made
a headline news around the world and every detail has been played out
on the glare of the media
The hushed court also heard a
statement from a close friend of Miss Steenkamp who said the model and
law graduate had told her ‘she would marry Oscar Pistorius if he asked
her. She said he was intense but she loved him’. He treated her ‘like
gold’. '
In court the prosecutor told the bail hearing the couple
had had a shouting match and Miss Steenkamp fled to the bathroom and
locked herself in.
She was an ‘unarmed, innocent woman’. But Mr Roux
insisted there was no evidence to substantiate a murder charge. ‘There
is no concession this is a murder,’ he said.
It was a theme underlined by Pistorius
in his affidavit. He said: ‘I fail to understand how I could be charged
with murder, let alone premeditated murder because… I had no intention
to kill my girlfriend.’
He said on the evening of February 13 they had decided to stay in and had gone to bed.
‘I’m acutely aware of people gaining
entries to homes to commit crime, I’ve received death threats. I sleep
with my 9mm under my bed.’ He said he heard a noise in the bathroom
after getting up to close a sliding door. ‘I was scared and didn’t
switch on the light.
As Pistorius's relatives supported him in court, the distraught family of Miss Steenkamp attended her funeral in Port Elizabeth.
Her brother Adam said that her death had 'left space missing inside all of the people that she knew.
culled from dailymail.co.uk
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