Day 2 of Oscar’s bail bid starts

Murder accused Oscar Pistorius. File photo: Reuters

Murder accused Oscar Pistorius. File photo: Reuters

Published Feb 20, 2013

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Pretoria - The bail application of murder accused athlete Oscar Pistorius resumed in the Pretoria Magistrate's Court at 10am on Wednesday.

Wearing a dark blue suit and a light blue tie, he had a somber look on his face.

Magistrate Desmond Nair apologised for a delay in the proceedings and said this was to make extra arrangements for the media in another room, and had taken some time.

Prosecutor Gerrie Nel, who has said the State intends pursuing a case of premeditated murder, began argument.

Pistorius is charged with shooting dead his model girlfriend Reeva Steenkamp, on St Valentine's Day.

He has not pleaded, but in an affidavit read on Tuesday, he said Steenkamp was shot through a bathroom door, when he thought there was an intruder.

On Tuesday, Carl Pistorius held his hands on his weeping brother's back as his lawyer, advocate Barry Roux, read out an affidavit on the events of the night of February 13 and the early hours of February 14.

On Wednesday Pistorius had last-minute consultations with his legal team to prepare for the next phase of his bail application.

He arrived earlier in a police car from cells at the Brooklyn police station, a blue towel covering his head.

In addition to the bail application, his lawyers would also have to make a new application to keep him at the police holding cells instead of a prison, with last week's order to that effect expiring on Wednesday.

His family was already inside the court, Carl and his sister Aimee among them.

On Tuesday Pistorius told how Reeva had slept over and how he had shot through a toilet door, thinking there was an intruder in the house at the Silver Wood security estate.

He then realised that Steenkamp had been in the toilet.

He denied the allegation that he had murdered her or that it was premeditated, as the State alleged.

“I deny the aforesaid [murder] allegation in the strongest terms,” Pistorius said.

After Nair declared the shooting a Schedule 6 offence in terms of the Criminal Procedure Act, it will be up to Pistorius' legal team to show exceptional circumstance why he should be released on bail.

On Tuesday Nel said there was no possible information to support Pistorius' version that he mistook Steenkamp for a burglar.

Pistorius, a double amputee, had put on his prosthetic legs and fired four shots - three hitting Steenkamp.

Nel questioned why a burglar would lock himself in a bathroom and said: “We say this in itself constitutes premeditated murder of a burglar.” - Sapa

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