As it happened: Pistorius bail hearing day three

BELOW ARE LIVE UPDATES OF TODAY’s HEARING Nair set the bail at 1 million rand ($113,000), with $11,300 in cash and proof that the rest is available. The magistrate said Pistorius must hand over his passports and also turn in any other guns that he owns. Pistorius also cannot leave the district of Pretoria without the permission of his probation officer, Nair said. Live audio from court: Oscar Pistorius learns if he is to be granted bail, as he awaits trial for the murder of Reeva Steenkamp. You can listen to it HERE. - Nair: “I come to the conclusion that the accused has made a case to be released on bail.” Cries of ‘yes’ in the court room. @RohitKachrooITV tweets, ‘Relatives embrace, cry and pray. Family like arms hugging in the public gallery.’ - State machinery did not determine whether #OscarPistorius really did have property in Italy, says Nair. - Two grounds have been established so far - Not flight risk, wont commit violence again. - Nair: “Did this case evoke public outrage? The State should have placed before me where this outrage lay.” - Magistrate Nair: I want to turn quickly on the score of public outrage. My view is that State ought to have placed where outrage lay. - Nair cites case law where court shouldn’t ignore the personal circumstances of a bail applicant. @pierredevos tweets, ‘#OscarPistorius Nair seems to understand bail is also a human rights issue, weighing in favour of bail’ - Nair: “I do not think Botha spent as long as he ought to have if he wanted to establish that the accused has a propensity to violence.” - “The accused has shown tendencies in aggression,” says Nair. “Threats, foul language, accidental gun shot not in dispute.” Nair: I cannot find that it has been established that the accused is a flight risk. - Nair: State cannot show that it’s case is so strong and watertight that #OscarPistorius needs to evade his trial. - Nair: Difficulty with Oscar Pistorius’ version about sleeping on other side of bed. Improbabilities to be explored. - Nair: I have difficulty in understanding why the accused did not check where girlfriend was or ask who was in the toilet. - Nair: It is practically impossible for the state to have all the pieces of the puzzle. - Nair: We are dealing with circumstantial evidence. The only person who knows what happened there is the accused. In normal course of events, these pieces will come together. - Nair: Botha’s evidence may have been tarnished by cross-examination. But it is not the state’s case - Nair: WO Botha’s concessions by no way mean that he agrees with the defence version. - Nair: He conceded that Reeva would have locked herself in toilet if OP shouted. But Nel’s version equally possible. - Magistrate on Investigator’s errors: Indicated initially the witness was 600m away, then changed to 300m and even less. Nair: What was astonishing though is his (Botha) perception of distance - Nair: Botha didn’t call Netcare to check call by the accused, he didn’t seize memory stick with acc info. He wants to oppose bail. - Nair clearly not happy that Botha failed to properly check #OscarPistorius phone records. Both could have done more to establish whether this applicant had other cases that would be worry. Nair: Botha blundered on the name of the substance found, saying it was testosteron Nair: Botha failed to check offshore accounts. “Did he try to establish if the number given by the defence was the applicant’s cellphone?” - Nair: If defence able to show the state has a weak case, that would be an exceptional circumstance. Pistorius lawyers will have to have proven ’exceptional circumstances’ for bail to be granted. - Nair: factors I have to look at to establish whether accused flee - family ties, assets, travel docs etc - Nair running through the potential grounds for denying bail - - wont flee, intimidate witness, is a danger and more. - Court adjourns. Nair wants five minutes. The wait goes on in the #OscarPistorius bail trial. Another break. He has gone through all the evidence and the arguments of both sides. When he comes back, he should be ready with his decision. Nair hasn’t acceded to #OscarPistorius defense requests to downgrade this from premeditated murder case. - Nair: I am not here to find the accused guilty of pre-med murder. That is for the trial judge. - Magistrate has a quick look at the evidence again. Reads it out. - Magistrate: The court must weigh up the pros and cons of bail. Nair considers the impact of denying bail - families denied a bread-winner. We’re now one hour into magistrate’s summary of evidence, including brief history of South African justice. - Nair cites the Constitution related to denying a person freedom where an alleged crime has been committed… -

I think Nair is deliberately being so meticulous on bail because of the huge amount of public opinion in this case. #OscarPistorius

— Matthew Savides (@matthewsavides) February 22, 2013

  - @MandyWiener tweets, ‘#OscarPistorius For those of you unaccustomed to court proceedings, this is the boring, important, legal bit.’ - Magistrate now going through what bail is… citing law related to bail procedures. The recap is over. - @karynmaughan tweets, ‘Maximum capacity for this court room is 90 people. There are at least 200 people crammed into every corner. All focused on #OscarPistorius’ - @MandyWiener tweets, ‘#OscarPistorius Nair using the phrase ‘He did concede’ an awful lot when talking about Botha’s evidence.’ Nair: Defence persisted with the version that the person being vulnerable in prosthesis would protect self & girlfriend Nair: Botha was forced to concede he did not ask for cellphone and he did not deny that the deceased’s bladder was empty. - Nair: witness claimed she heard fighting, another heard gunshots and screaming. Magistrate Nair recounting all the evidence heard so far. - Magistrate now going through other events where Oscar was embroiled in (accidental shooting, Kayalami incident) - Magistrate going through investigator’s testimony that from the two phones found in the bathroom no calls were made. - Nair concludes the applicant’s evidence. Now on to the evidence provided by the State and Investigator Botha. - @Jacanews tweets, ‘Pistorius has not stopped crying since Nair started delivering his ruling…’ Nair going through the statement’s of Samantha Greyvenstein and Justin Devaris. - @kristenvanschie tweets, ‘#OscarPistorius wipes his eyes as Nair relates affidavits describing his relationship with #ReevaSteenkamp as loving, comfortable.’ These are very tense moments. - Magistrate now going through the statements made by the couple’s friends. He is going through it all so that he can present the logic behind his decision when he gives a decision on bail. - Magistrates pauses: “Are you okay there?” He asks Oscar Pistorius. - @SmithInAfrica tweets, ‘Pistorius eventually succumbs and sobs hard and silently as Nair says: “She died in his arms”.’ Nair: Pistorius said he was not disposed to violence, nor would he flee or intimidate witnesses. - @kristenvanschie tweets, ‘#OscarPistorius crying, shaking silently in the dock, eyes closed tightly, as Nair mentions the shooting of #ReevaSteenkamp’ Magistrate: Oscar stands by this version of events … he stated further he will stand trial. - ‏@BBCAndrewH tweets, ‘As Nair recounts shooting #OscarPistorius eyes closed struggles to contain emotions.’ Nair: he says he felt trapped and endanger. At this stage he fired shots at the closed door. - @RohitKachrooITV says, ‘Magistrate wipes brow. Pistorius’ brother fans himself. Hot and incredibly tense in here.’ - Nair: this is an important bail application. The possibility existed that, if #OscarPistorius was kept in prison, result could be delayed Nair explains that he was convinced that Adv Roux needed to consult with his client. The Magistrate is going through the the arguments put forward by both sides now.

Adv. Barry Roux sits with his hands folded...frowning as he listens to the magistrate making his ruling. #OscarPistorius @jacanews ML

— Jacaranda News (@JacaNews) February 22, 2013

  - Nair: I ruled that the matter be heard as a Schedule Six offence. - Nair: now to the issue of Schedule 5 or 6 - Nair: I have witnessed this happen. Accused comes into dock and large contingent of journalists flash at him. - Nair: It raises the picture that the accused is some kind of species the world has never seen before.

#OscarPistorius yeah yeah yeah but get on with it magistrate Nair. We are all waiting.

— Justine Lang (@justteaplease) February 22, 2013

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#OscarPistorious bows his head and breaths gently, trying to keep it together as he awaits to hear whether he will be granted bail.

— Peroshni Govender (@Peroshni) February 22, 2013

  - Oscar Pistorius back in court for last appearance at this bail hearing. Seems clam and composed. He has cried a lot during the bail hearing. - Nair to discuss his ruling on the media first. - Nair begins. Explains sequence - start with media, then go to decision to keep OP in police cells. Then on to application.

Magistrate Desmond Nair enters, walking slowly. Looks like he's about to be sent down. Pistorius looking straight ahead. #OscarPistorius

— Aislinn Laing (@Simmoa) February 22, 2013

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  - “All rise” here we go. Decison anytime now.

#OscarPistorius Photographers now filing out of the room. Family seated in usual spots, father, brother, sister alongside one another.

— Mandy Wiener (@MandyWiener) February 22, 2013

#Pistorius trainer is fanning air thru his shirt,woman beside him says she thinks she might cry. Carl and Aimee look tense to say the least

— Aislinn Laing (@Simmoa) February 22, 2013

Just 6 months ago, South Africa was also anxious, waiting for #OscarPistorius to run for his country & bring home a gold medal. And now..

— Ranjeni Munusamy (@RanjeniM) February 22, 2013

  - Arguments are done. MAGISTRATE TO RULE ON BAIL AT 6 PM IST

Nair thanks Nel and Roux for their summations. "I'm now in the unenviable position," of having to decide... at 2.30pm.

— David Smith (@SmithInAmerica) February 22, 2013

  - Nair: Wouldn’t it have made sense to put in affidavit his stumps need medical attention and it will be hard in a “duck and dive” situation?

At R50,000 per day, Advocate Barry Roux SC is earning his wages today... Starring! #OscarPistorius

— Mabine Seabe II (@Mabine_Seabe) February 22, 2013

  - Roux: Mr Pistorius, every time he goes through security at airport, there’s commotion… He cannot go unnoticed through airport security.

Pistorius gulping hard, trying to control emotions.

— David Smith (@SmithInAmerica) February 22, 2013

  - Roux: It makes sense that he would go to the bathroom, try the door and drop the firearm there. That’s where I would expect it to be.

  - A quick search on Google will tell you that culpable homicide is usually “killing someone for a reason”, i.e. because someone has done something or tried to do something, another person killed him/her. It involves the illegal killing of a person either with or without an intention to kill depending upon how a particular jurisdiction has defined the offence. - Nair: Even if an intruder, didn’t Pistorius intend to kill? So what charge? Roux: Culpable homicide. - Roux: He had no intent to kill Reeva. The charge here is not that ‘you wanted to kill unknown burglar’. Not why we’re here.

Roux says if he were prosecuting he'd argue for culpable homicide not murder.

— andrew harding (@AndrewWJHarding) February 22, 2013

  - The talking point seems to be that the intent to kill burglar cannot be passed on to Reeva Steenkamp.

Two members of Myers family including Steenkamp's 'Johannesburg mother' arrive in court. "We felt it was important Reeva is represented."

— David Smith (@SmithInAmerica) February 22, 2013

  - According to Mandy Wiener, Roux is now discussing the ‘reasonable man’ test. Magistrate steps in and begins to ask questions.

New lead investigator in Pistorius is in court. Replaces Botha who was taken off the case yesterday

— Rohit Kachroo (@RohitKachrooITV) February 22, 2013

I'm convinced ppl are experiencing Kubler-Ross' 5 stages of grief with #OscarPistorius. Denial,anger,bargaining,depression, acceptance.

— Katy Katopodis (@KatyKatopodis) February 22, 2013

  - Barry Roux’s turn to reply, but he has handed in his arguments to the Magistrate, who calls for a break of 10 minutes to read them in his chambers. - Nair: If he fled abroad, Pistorius would have to conceal his prostheses. Nel: Julian Assange is as well known but in embassy in London.

Magistrate asks "what kind of life would Pistorius lead if he flees, given his protheses?" "Exactly" mutters friend in public gallery

— Rohit Kachroo (@RohitKachrooITV) February 22, 2013

  - Nel: If somebody with disability commits a crime we have to treat him differently? Courts cannot be seen to treat famous people differently. - Nair: But ducking and diving every day, with those prosthetic legs? Nel: yes. Laughter from the gallery. - Nair: But what kind of life would Pistorius lead if he were to flee? Nel: A life not in prison. Freedom.

Nel:"we say the court should refuse bail, Pistorius gave an account that was totally improbable,we gave an account based on objective fact."

— Aislinn Laing (@Simmoa) February 22, 2013

  - Nel: Who should tell the court what happened? The applicant, not the state. We say the court should refuse bail.

#OscarPistorius Nel sums up - the court should refuse bail, he has the onus, he provided an improbable version. BB

— Barry Bateman (@barrybateman) February 22, 2013

  - Nel: Pistorius left dying girlfriend upstairs, went down to unlock main house door, then came back to carry her down. Why? - Nel: One shot could have been fired from the passage. But not the other three - casings found in bathroom. - Nel: we supposedly have this paranoid man who lived in fear of his life. But his balcony door, bathroom door and front door all open.

  - Nel: He must realise that long term imprisonment is almost guaranteed… He might think he’ll be acquitted. A lot of people think that.

  - Nel: he is worried about his sponsorships, his image… “Always me – Protect me.”

Nel on restaurant incident: "This applicant got away with discharging a firearm in a public place."

— David Smith (@SmithInAmerica) February 22, 2013

  Nel: The degree of violence present in this case is horrific. You’re in a little cubicle, someone fires blindly. Not one, two shots, but four. It must have been horrific.

#OscarPistorius Nel says Reeva's overnight bag, slippers were on the left hand side, but OP says she slept on right. Relevant to holster.

— Mandy Wiener (@MandyWiener) February 22, 2013

  - Nel: Duty of court to pay more than lip service to such crimes. - Nel: “Even the state president said his state of the nation address we should prioritise crime against women and children.”

#OscarPistorius Nel: ... but you don't need to be an expert to be a witness to where things were found (refers to firearm and phones) BB

— Barry Bateman (@barrybateman) February 22, 2013

  - Nel: He claims he had shoulder problem and slept on other side of bed. It will be very difficult for the state to test that. Gerrie Nel is really going for it now. He’s fired the following arguments in quick succession Nel: Either Oscar Pistorius armed himself when she barricaded herself in bathroom,or she barricaded herself in because he armed himself. - The two phones on the scene never made calls. I’m not saying that he never made calls. If Pistorius knew that there was another phone that was removed from the scene, why didn’t defense offer it? -  I do not see, with utmost respect, ‘I don’t see Reeva, where is Reeva’. He looked for Reeva everywhere? The last thought should be I shot Reeva, why would you realise she is in the toilet after shooting? - Why did Pistorius not call the security guard after the shooting? The guard called him. - Nair: But if there was planning of the murder, would there not be a setting up of the scene to look like there was a burglar? Nel: I’m not saying the planning of the murder of Reeva Steenkamp happened weeks before. The planning happened that night. - Nel: We say the burglar is an afterthought, not even an afterthought, but something he planned he would say. The planning of the defence. Not the planning of the murder. Defence could have been planned post or pre murder. - Nel: We agreed that the applicant cried at the scene. He was emotional. We say crying, remorse, that’s expected. Remorse can mean that they feel sorry for what they did or they feel sorry for themselves. - Nel: On the witness statements - is it coincidence that a neighbour heard arguments, screems and shots? Improbable. -

#OscarPistorius Nel: ... but you don't need to be an expert to be a witness to where things were found (refers to firearm and phones) BB

— Barry Bateman (@barrybateman) February 22, 2013

  - Nel: He elected to use an affidavit and this allows us to make these inferences.

#OscarPistorius Nel: he slept on the left, she on the right - they didn't bump in to each other when he went out? BB

— Barry Bateman (@barrybateman) February 22, 2013

  - Nel: He heard a sound in the toilet, but he never heard her get up from bed. - Nel: To find his version probably one must stretch. Why would she not have shouted ‘Where are you (Oscar)? What’s going on?" Just a reminder for those who haven’t been following the case on a daily basis — Gerrie Nel is representing the State, Barry Roux is defending Oscar Pistorius. Magistrate Nair will decide whether bail is to be granted or not. - Nel: Even after detective’s concessions, the position of the firearm, cartridges and cellphones remains. - Nel is making sure he tells everyone that the state has a strong case. - Nel: It’s business as usual (for Oscar). Give me bail, let me go out and carry on with my career. (But) It cannot be business as usual. - Nel: Not saying, at least, I (Oscar) caused Reeva’s death unlawfully. That is why we (the State) say it increases the risk of flight risk. -

#OscarPistorius Nel is saying that the value of testifying holds far more value than a statement. BB

— Barry Bateman (@barrybateman) February 22, 2013

  - Magistrate: Is he not permitted to bring the application by affidavit? Nel: Nobody can force him to, he makes an election. - Nel: Pistorius says we interpreted his affidavit wrongly. But he has himself to blame. He should have testified - According to David Smith of the Guardian: “Pistorius stands in dock, eyes closed, head bowed, apparently in prayer as cameras click and flash.”

  - Oscar Pistorius has arrived in court. -

#OscarPistorius Court room heaving again. Real sense of anticipation ahead of today's proceedings. Expectation of judgment this afternoon.

— Mandy Wiener (@MandyWiener) February 22, 2013

  - We are going to get underway in a few moments. Day four, here we go…

#OscarPistorius Court room heaving again. Real sense of anticipation ahead of today's proceedings. Expectation of judgment this afternoon.

— Mandy Wiener (@MandyWiener) February 22, 2013

#OscarPistorius defence advocates Barry Roux and Kenny Oldwage arrive with their bags of files. BB

— Barry Bateman (@barrybateman) February 22, 2013

  - Pistorius Coach: For me it will be unfair if he is denied bail, he is not going to run. -

#OscarPistorius Such is OP interest, Talk Radio 702 reporter Barry Bateman saw his twitter followers go from 9,000 to 130,000

— Alex Crawford (@AlexCrawfordSky) February 22, 2013

  - The photographers have already lined up, ready to snap away at Oscar Pistorius in case he enters the courtroom before the Magistrate. They have so far managed to get at least one photograph of the Blade Runner on every occasion.

#OscarPistorius Nair will probably deliver his ruling today, but he may reserve judgment and postpone to another day. BB

— Barry Bateman (@barrybateman) February 22, 2013

  - Gerrie Nel, representing the State, will probably make a few more arguments today, before Magistrate Nair makes his ruling. - Pistorius’ supporters are seen outside court with posters reading ‘Oscar we trust in you and your love for Reeva’.

PIC:Pistorius supporters outside court. They made this placard at 2am..."he is our hero"#OscarPistorius @jacanews ML http://t.co/QrY7MKSj7X

— Jacaranda News (@JacaNews) February 22, 2013

#OscarPistorius' coach not surprised that sponsors are pulling out

— Jacaranda News (@JacaNews) February 22, 2013

  - Journalists have made it to the court. The hearing starts in an hour. Since most arguments have already been made, a quick decision is expected today. - BBC’s Andrew Harding says Oscar Pistorius’ coach is in court. Says he hopes to start training next week if bail granted.” ————————————————– THE TRIAL SO FAR A judge is likely to decide on Friday whether to grant bail to Oscar Pistorius, with prosecutors arguing he is a cold-blooded killer and his own lawyers that he is far too famous to have any chance of fleeing prosecution. Defence lawyers for Pistorius say the athlete shot dead his girlfriend only by terrible mistake, and deserves bail to prepare for a case that has garnered global attention and has been marred by a bungled police investigation. The star “blade runner”, whose lower legs were amputated in infancy, has become an even more globally recognised figure since he killed model Reeva Steenkamp, 29, in the pre-dawn hours of Valentine’s Day at his home. Prosecutors have told the court it was a premeditated murder, with Pistorius firing four shots through a locked toilet door at a cowering Steenkamp on the other side. She was hit in the head, arm and hip. Witnesses said they heard a gunshots and screams from the home in a gated community surrounded by 3-metre- (yard-) high stone walls and topped with an electric fence. [caption id=“attachment_635533” align=“alignleft” width=“380”]  Pistorius contends he was acting in self-defence. Reuters[/caption] Pistorius contends he was acting in self-defence, mistaking Steenkamp for an intruder and feeling vulnerable because he was unable to attach his prosthetic limbs in time to confront the threat, he said in an affidavit read in court. The 26-year-old said he grabbed a 9-mm pistol from under his bed and went into the bathroom. Pistorius described how he fired into the locked toilet door in a blind panic in the mistaken belief that the intruder was lurking inside. Bail hearings in South Africa allow for prosecutors and defence lawyers to lay out their basic arguments, based on preliminary evidence. The arrest of Pistorius stunned millions who watched in awe last year as the Olympic and Paralympic sprinter reached the semi-final of the 400 m in the London Olympics. The impact has been greatest in sports-mad South Africa, where Pistorius was seen as a rare hero who commanded respect from both blacks and whites, transcending the racial divides that persist 19 years after the end of apartheid. Police investigating Pistorius pulled their lead detective off the athlete’s case on Thursday after it emerged he himself faces attempted murder charges for shooting at a minibus. With inputs from Reuters