Oscar Pistorius apperars again for his bail application hearing at the Pretoria magistrates Court. Picture: Antoine de Ras, 21/02/2013


Pretoria - Magistrate Desmond Nair stuck to his decision to treat the charge against Oscar Pistorius as a schedule six offence, but made it clear it was not up to him to find him guilty or not.

"I am not here at this point in time to find the accused guilty of pre-meditated murder," Nair said in summing up Pistorius' bail application in the Pretoria Magistrate's Court.

This was for a trial judge to decide, he said.

He explained the checklists that courts had to consider when granting bail, as Pistorius waited to hear whether he would be going home or not.

"The issue is not guilt, but where the interests of justice lie in relation to bail," said Nair.

Pistorius and his family, including brother Carl and sister Aimee, looked upset as Nair summed up the reams of evidence that had been submitted to him.

The athlete has spent a week listening to allegations and evidence that the State believes will prove he murdered his girlfriend Reeva Steenkamp in a shooting at his home.

Including a lesson on the history of bail, Nair said an applicant could apply later to have evidence led in the bail application excluded from a trial.

He said bail reduced overcrowding in jail. - Sapa