General Discussion Thread #1 -Bail Hearing

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premeditation:
Barry Bateman ‏@barrybateman
#OscarPistorius Nel planning is - I ready myself, I get a gun, I make it ready to fire and I walk there to shoot. BB
 
What I don't get is if P thought there was an intruder, didn't he look around and notice his girlfriend wasn't there? And how do you explain the first shot in the bedroom?

Staying up late to follow the tweets. Thanks for the updates!

MOO

Mel
 
David Smith‏@SmithInAfrica

Magistrate Nair: "I want us to have an understanding of the rules and decorum of the criminal justice system in South Africa."
 
David Smith‏@SmithInAfrica

Pistorius walks from the court carrying a bottle of water and some white napkins.

Not sure if this means it's over??
 
Melanie said:
What I don't get is if P thought there was an intruder, didn't he look around and notice his girlfriend wasn't there? And how do you explain the first shot in the bedroom?

Staying up late to follow the tweets. Thanks for the updates!

MOO

Mel
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I think they are hard pressed to explain that. Unless he had drunk heavily and/or under influence of steroids and forgot that she was even there somehow. My ex used to sometimes wake with a start and ask where he was for a split second-but that's a split second not a whole get up put on legs shoot her in bedroom then shoot her in bathroom kind of thing- I just don't understand how they can ever say he thought it was an intruder
 
Melanie said:
What I don't get is if P thought there was an intruder, didn't he look around and notice his girlfriend wasn't there? And how do you explain the first shot in the bedroom?

Staying up late to follow the tweets. Thanks for the updates!

MOO

Mel
Click to expand...

Maybe it was dark with all the lights off and just didnt think to look?Also, fear and adrenalin doesnt make you think clearly> Its all so confusing!

Court breaks for 20mins!
 
well the defense atty has a point. when I get up in the middle of the night to use the potty, I never lock the door. I usually leave it open actually (only because I have 2 cats who think I can't go to the bathroom alone).

So -- why did she lock the door? Hmmmmm....habit maybe? Or was she trying to hide/get away?

MOO

Mel
 
http://www.guardian.co.uk/sport/2013/feb/19/oscar-pistorius-bail-hearing-live-coverage

Summary
The court has adjourned for a short break. Here are they key points from this morning’s hearing.

• Both the defence and the prosecution accept that Oscar Pistorius shot his girlfriend, Reeva Steenkamp, through his bathroom door last Thursday. Pistorius is appearing in court in Pretoria this morning for a bail hearing. The Paralympic and Olympic running star frequently broke down in tears and appeared distressed and exhausted as the defence and prosecution set out their cases.

• The prosecution claimed this was an act of premeditated murder. Prosecutor Garrie Nel set out a version of events in which Pistorius got up from bed, put on his prosthetic legs, armed himself, walked seven metres to the toilet door and shot Steenkamp four times; three of the shots killed her. Even if he thought she was a burglar, it was still premeditated murder, Nel said. But he asked why a burglar would lock himself in the toilet.

• Since Pistorius’s legal team wants the crime to be categorised as schedule five rather than the more serious schedule six, giving him more chance of receiving bail, a crucial question is whether the killing was “premeditated”. The prosecution argued it was. Premeditation did not have to be carried out over months, weeks or hours, Nel said, and it did not preclude feeling regret afterwards. Nel asked why Pistorius had carried Steenkamp’s body downstairs after the killing. And he questioned why Steenkamp had felt the need to lock herself in the toilet at 3am.

• Defence lawyer Barry Roux argued that this was not premeditated murder. “This was not even murder,” he told the court. He said Pistorius thought Steenkamp was a burglar, and asked how the state knew Pistorius was aware that it was Steenkamp behind the door. He said he would lay out case after case in which husbands shot wives and fathers shot children through doors thinking they were burglars. And he suggested that Pistorius broke down the door afterwards to help Steenkamp. Roux said Pistorius would set out his own version of events, but not yet. But he suggested that Pistorius did not accept that he put on his prosthetic legs to get up and walk to the toilet to shoot Steenkamp, and asked rhetorically if the state had a witness who saw Pistorius do that. Roux told magistrate Nair that he did not have the facts in front of him to call this a “schedule six” crime.

The case continues.
 
Melanie said:
well the defense atty has a point. when I get up in the middle of the night to use the potty, I never lock the door. I usually leave it open actually (only because I have 2 cats who think I can't go to the bathroom alone).

So -- why did she lock the door? Hmmmmm....habit maybe? Or was she trying to hide/get away?

MOO

Mel
Click to expand...

well if she got shot first in the hip in the bedroom as they say then yes she would have run there to hide, so sad
 
Waddles said:
well if she got shot first in the hip in the bedroom as they say then yes she would have run there to hide, so sad
Click to expand...

Suprised that hasn't been mentioned yet -- only the shots through the bathroom door. I wonder if that is a media spin (that she was shot first in the bedroom).

MOO

Mel
 
Carol70 said:
Good grief!! :confused:
Click to expand...

The court took a break 40 minutes ago. Who wants to bet it's for Pistorius?

:banghead:

ETA: False alarm: ewnreporter

#OscarPistorius Paramedics outside the courthouse a bit earlier. Unrelated to Pistorius matter. Court employee collapsed in basement.
 
less than 1m ago http://www.guardian.co.uk/sport/2013/feb/19/oscar-pistorius-bail-hearing-live-coverage
Nair is now ruling on which schedule the case should be categorised as: the more serious schedule six, which would make it unlikely Pistorius would receive bail, or the less serious schedule five.

less than 1m ago
Nair says if he thinks the charge should be premeditated murder, the accused has to show exceptional circumstances in order to be released on bail.
 
EWN Reporter‏@ewnreporter

#OscarPistorius Wails as Nair reads out what his ruling could be. Brother comforts him from behind, father comforts the older brother.
 
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