Pistorius to apply for bail

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iol new spic Oscar in court 1

AP

Oscar Pistorius, centre, is led from the Boschkop police station east of Pretoria, en route to court. Photo: AP

Pretoria - The bail application of murder-accused paralympian Oscar Pistorius is scheduled to be heard in the Pretoria Magistrate's Court on Tuesday.

Pistorius was arrested at his Pretoria home early on Thursday morning, after the fatal shooting of his 29-year-old girlfriend Reeva Steenkamp.

He appeared in court on Friday, when the application was postponed.

The postponement was granted to allow the defence time for further preparation, and to properly categorise the charge against him in terms of the Criminal Procedure Act (CPA).

On Tuesday, there is also expected to be clarity on whether the crime he is charged with falls under section five or six of the act.

Under the act, where an accused is charged with a “serious” or schedule five offence, he may be released only if he produces evidence to satisfy the court that the interests of justice permit his release.

Where an accused is been charged with an “extremely serious” schedule six offence, he may be released only if he produces evidence to satisfy the court that exceptional circumstances exist which, in the interests of justice, permit his release.

Pistorius was held at the Brooklyn police station over the weekend.

His legal team is made up of advocates Kenny Oldwage and Barry Roux SC, and attorney Brian Webber.

Oldwage acted for the driver in a 2010 accident in which former president Nelson Mandela's great-grandchild Zenani died. The driver was acquitted.

Roux was involved in the prosecution of mining magnate Roger Brett Kebble.

The State is represented by Gerrie Nel, who will argue that the shooting was pre-meditated.

Nel sent ex-Interpol president and former police chief Jackie Selebi to jail after proving he had taken bribes from an organised crime network. He is also the lead prosecutor in the Chanelle Henning murder case. - Sapa


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