General Discussion Thread #1 -Bail Hearing

[Waddles]

What awaits Oscar if he is denied bail.
http://www.guardian.co.uk/world/2013/feb/22/paraplegic-remand-south-africa

This guy has been waiting for his trial to start for 2 years!

wow that's just so awful

 

[Lola]

andrew harding ‏@BBCAndrewH
Colleague in #OscarPistorius court tells me toxicology reports for South African court cases have 7 year backlog.

 

[Lola]

judges are funny about stuff. what does Nair have to lose by refusing bail? his reputation or are sentiments running high enough that he would fear for his life. i notice they mention bodyguards in the courtroom?

 

[otyikondo]

IMO it all balls down to the ballistics. If he lied about not having his prosthetics on when he shot her and the state is confident they can prove that, then he should not be released on bail. I wonder if they have the results back yet. Also was there an autopsy done and results back yet? Also the analysis of the mobile phone messages. It seems that the prosecution deos not have all the evidence they need yet. but I hope for South Africa's sake they he does not get bail. It seems to me that they need to take a stronger stand against violence especially against women and even use this high profile case as an example and OP needs to learn that he cannot keep getting away with things.

That article from the States you posted a link to seems to argue that it would be counter-productive to put him in prison...

Rodney Uphoff, professor of law at the University of Missouri who runs the school's study abroad program in Cape Town, also expects Pistorius to be granted bail. The judge could take away Pistorius' passport and restrict him to living at home, Uphoff said.

"That would probably be a more appropriate resolution to the bail issue rather than sending him to prison," Uphoff said, adding that in the U.S. suspects are often held in county jails but in South Africa they are taken to prison while awaiting trial. "(Prison) would create some security issues because South African prisons are not the safest places to be. For a high profile defendant like him, I'd think there would be a serious risk of potential harm for him. I think it would be a security nightmare for the prison authorities."

The suggestion there is that even if it might be politically correct in a highly-charged atmosphere to have this perp banged up for a year, it might end up in tears if he gets offed while in jail...

Cleaner and tidier all round to have him under house arrest, even if the feminists scream blue murder...

No?

 

[Carol70]

curious...for our SA posters...sister Aimee was featured in Sarie article..what do she and brother Carl do?

I actually have no idea. and Sarie is a predominately Afrikaans mag...
There was alot of laughter/jibes/jokes/sarcastic remarks about using the Sarie as evidence!

 

[otyikondo]

andrew harding ‏@BBCAndrewH
Colleague in #OscarPistorius court tells me toxicology reports for South African court cases have 7 year backlog.

Now THAT little factoid just blows one's neurons. Is that documented? It's frigging CRIMINAL.

 

[squeaky]

can any locals recommend a good choice for a radio station to listen to for when the news breaks?

 

[Carol70]

oh, for the record..I hope he gets bail today!!

 

[Carol70]

can any locals recommend a good choice for a radio station to listen to for when the news breaks?

http://www.702.co.za/index.asp
Would go with them as they have been on top of their game during the bail app.

 

[otyikondo]

oh, for the record..I hope he gets bail today!!

I don't have a bet on, so I don't really care either way (though I wouldn't mind betting there HAS BEEN a market on "Will OP get bail?", and it probably has fluctuated wildly in the course of the past two or three days... might have been nice to get a few quid down when things looked really bad for him on Day One.)

 

[squeaky]

soledad o'brein is going to get to break this on CNN i think D: D: please save me from her!! (btw did you see her in house of cards? she was awful lol)

 

[squeaky]

ok i got 702 in my ear and CNN on mute. thanks carol!

 

[21merc7]

It is odd to hear that his legs are any issue for jailing. No consideration is given here, jail is not about comfort. If there are "special needs" there are facilities for those though. However, having prosthetic legs is not a special need. Being wheelchair bound and unable to change your own diaper is.

 

[Estelle]

curious...for our SA posters...sister Aimee was featured in Sarie article..what do she and brother Carl do?

Aimee Joy Pistorius (aimee_joy) on Twitter
https://twitter.com/aimee_joy
The latest from Aimee Joy Pistorius (@aimee_joy). Final year studying business honours and working- busy but blessed . South Africa.

All I can find out about Carl is that he is a committed Christian.
"My strength lies solely in my tenacity 2 pursue Jesus. It is no secret tht only in that strength do we live meaningfully." - Carl Pistorius

 

[Estelle]

It appears to me that most journalists think he will get bail. They seem very pro Pistorius.

 

[Wondergirl]

As much evidence as possible has been withheld by the prosecution at this stage, unless SA operates differently on such matters.

I would hate to see him let out, and I wonder what would happen?

 

[Waddles]

I'm pretty sure he will be denied bail but if he is granted bail what will be the conditions of it, will he be like on house arrest or something?

 

[Lola]

interesting thought Waddles. is some sort of electronic bracelet or the like used in SA to keep tabs on people?

 

[Lola]

14:23 - If Oscar Pistorius doesn't get bail - which is highly unlikely - his lawyers will bring urgent bail appeal in North Gauteng High Court, says Karyn Maughan.

 

[Estelle]

Bail decision looms for Oscar Pistorius

Published: Feb 22 2013 02:11:03 AM EST Updated: 29 MIN. AGO

PRETORIA, South Africa (CNN) -

Prosecution miscues?

Court officials learned Thursday that prosecutors had restored the charges against Botha. The charges had previously been withdrawn for additional investigation, but prosecutors decided a day earlier to proceed, said Commissioner Riah Phiyega of the South African Police Service.

Phiyega praised Botha, saying he is an experienced investigator who "has presented the case of the police well."

Botha was replaced by the department's most senior detective, Vinesh Moonoo. The move, Phiyega said, positioned the department for a "long-haul" investigation of the killing.

During the bail hearing, being held in a dark, stuffy Pretoria courtroom, defense attorney Barry Roux hammered away at the credibility of Botha and the entire police investigation.

He argued police had missed a bullet where Steenkamp was shot and may have contaminated the crime scene by failing to wear protective foot covers.

Botha said investigators didn't wear the booties because they'd run out.

Accusations against the investigator will be little more than a "speed bump" in the Pistorius case, said Bulelwa Makeke, the spokeswoman for South Africa's National Prosecuting Authority.


Positioning the prosecution

In arguments wrapping up during Thursday's session, the prosecutor said Pistorius' defense team has failed to explain why investigators found two cell phones and the gun believed to have been used in the shooting in front of the shower.

That goes to the prosecution claim that Steenkamp didn't merely get up to relieve herself in the middle of the night, but in fact had locked herself in the bathroom with her cell phone to protect herself from Pistorius.

Roux, meanwhile, got Botha to acknowledge during the hearing that investigators had failed to collect any evidence that counters Pistorius' argument that he mistakenly shot Steenkamp.

Roux told Magistrate Desmond Nair that the prosecution's case had suffered a monumental collapse.

The defense attorney also questioned police claims that a witness who lived at least 300 meters (328 yards) from Pistorius' home had heard a raging argument coming from the home.

He also said officers had failed to properly investigate and catalog evidence found there, including ammunition and a bottle of what Botha first called testosterone before backtracking.

Roux said the substance is an herbal remedy.

Ballistic evidence

Authorities have argued that ballistic evidence shows Pistorius had to intentionally target the toilet to strike Steenkamp, and he was standing on his prosthetic legs when he shot through the bathroom door.

Pistorius said in his statement that when he shot through the door, he was feeling vulnerable to an intruder because he was not wearing his legs and had limited mobility.

Pistorius made history last year as the first disabled athlete to compete in the able-bodied London Games. A few weeks after the Olympics, he smashed a record to win the men's 400-meter in the 2012 Paralympic Games.

When Pistorius was 11 months old, his legs were amputated below the knees because he was missing the fibulae.

He runs on special carbon fiber blades, earning the nickname "Blade Runner."

The case has roiled South Africa, where Pistorius is considered a national hero.

Following his arrest on Valentine's Day, Pistorius put his career on hold and pulled out of future races. His sponsors, Nike and Oakley, suspended their contracts with the runner.

If Pistorius is released on bail, he will resume training next week, said his coach, Ampie Louw.

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