Pretoria - Murder accused paralympian Oscar Pistorius is appealing against his bail conditions in the wrong court, prosecutor Gerrie Nel told the Pretoria High Court on Thursday.
"If you have problems with your conditions you go back to the court which gave them," said Nel.
Barry Roux, for Pistorius, is appealing against some of the conditions set by the Pretoria Magistrate's Court on February 22 for his release on bail.
Pistorius did not attend proceedings. He is charged with the murder of his girlfriend Reeva Steenkamp on February 14.
The bail conditions include a travel ban, a ban on consuming alcohol, and that he not be charged with violence against women.
"My argument is we are in the wrong court," said Nel.
Nel insisted also that Nair was not wrong to impose the travel ban on Pistorius.
He said if the court made an order that an investigating officer could decide whether Pistorius could travel, it would place too much responsibility on the investigating officer.
Nel said he could hand his passport to an attorney, as the investigating officer would have to drop everything if Pistorius needed to travel.
"The State won't have a problem if the passport is handed to the lawyer," Nel concluded.
Judge Bert Bam asked what the likelihood was of the case going to trial.
Nel said indictments would be filed in June and the State hoped to go to trial before the end of the year.
A bail condition that Oscar Pistorius not be charged with violence against women was challenged by his lawyer.
“The contravention is not whether you are guilty or not guilty, it is whether you have been charged,” said advocate Barry Roux. “We've seen in our lifetime many false charges.”
He was challenging condition 3(i) of Pistorius's bail conditions set ahead of his release on February 22 by Magistrate Desmond Nair, following his arrest for the murder of his girlfriend Reeva Steenkamp at his home.
Roux also contested the total ban on alcohol and banned drugs.
“I've never seen this condition in my life,” said Roux, submitting that Pistorius did not use drugs, but that there was no factual basis for this condition.
He also challenged a condition that Pistorius not go back to his house at Silverwoods Estate - scene of the fatal shooting on February 14.
“The accused can't be stopped to go back to his house indefinitely.”
They needed to speak to witnesses and suggested that the condition be only for 30 days.
“It's Pistorius's house, and he wants to go back,” said Roux.
Judge Bert Bam said he had a problem because this did not form part of the order handed down by Nair.
Roux proposed that to lift the travel ban imposed on Pistorius, Pistorius's travel documents be given to the investigating officer and he would only give them back under controlled circumstances - with a full itinerary.
Earlier, Roux said the defence only accepted the bail conditions set on February 22 because it was late on a Friday, and regarded them as temporary.
Pistorius was not present for the appeal.
He said during the bail application that he thought there was an intruder in the toilet cubicle when he fired into it. He was horrified afterwards to find that he had shot Steenkamp.
Bam said he would deliver judgment on the appeal application at 12.30pm.
Court was adjourned. - Sapa