Olympic athlete Oscar Pistorius looks down in court during his bail hearing in Pretoria. Detective Hilton Botha has revealed that police found testosterone and syringes in Pistorius's home on the morning Reeva Steenkamp was gunned down. Source: AP
- Witness says 'non-stop shouting' before shots
- Prosecution has no evidence to contradict Pistorius
- But say he must have known Reeva was not in bed
- Defence says substance found in home not steroids
- What really happened? | Pistorius's account
OSCAR Pistorius has enjoyed a better day in court after a police detective testified that nothing was inconsistent with the athlete's story.
Pistorius's brother Carl left the second day of the bail hearing feeling more confident about Oscar's chances, telling the BBC "I feel like the court proceedings went well today. We trust that everyone has more clarity about this tragic incident."
At first, day two looked like it was to be another bruising affair for Pistorius as prosecutor Gerrie Nel claimed that a witness could testify to hearing "non-stop talking, like shouting" between 2am and 3am before the predawn shooting on Valentine's Day.
The hearing has been adjourned for the day and will resume tomorrow.
It was also revealed that Pistorius was previously arrested for an alleged assault at his home.
"There was an incident at his house where he was arrested for assault I think," said police Detective Warrant Officer Botha. "I can't remember the exact date or time," adding Pistorius was not charged.
Pistorius said in an affidavit read in court on Tuesday that he and girlfriend Reeva Steenkamp, a 29-year-old model and budding reality TV star, had gone to bed and that when he awoke during the night he detected what he thought was an intruder in the bathroom. He testified that he grabbed his 9 mm pistol and fired into the bathroom door, only to discover later to his horror that Steenkamp was there, mortally wounded.
Poking holes in the prosecution
Under cross-examination, WO Botha acknowledged that the witness who allegedly overheard argument was 600 metres from Pistorius' house, where the shooting occurred.
Later, prosecutor Gerrie Nel re-questioned WO Botha, and the detective said the distance was actually much closer.
Pistorius, the first Paralympian runner to compete at the Olympic Games, is charged with premeditated murder in the case.
The prosecution attempted to cement its argument that the couple had a shouting match, that Steenkamp fled and locked herself into the toilet and that Pistorius fired four shots through the door, hitting her with three bullets.
WO Botha added: "I believe that he knew that Reeva was in the bathroom and he shot four shots through the door.''
But asked if the police found anything inconsistent with the version of events presented by Pistorius, Botha responded that they had not.
However, defence lawyer Barry Roux said that Steenkamp's bladder was empty when she died, indicating that she had got up to use the toilet. He said Steenkamp may have locked the door after she heard Pistorius shouting that there was a burglar.
Roux also got stuck into WO Botha's handling of the crime scene, saying police forgot to find a bullet cartridge and that WO Botha had walked into the house without protective feet covers on, contaminating the scene.
WO Botha, a 16-year police veteran, said the trajectory of the bullets showed the gun was fired pointed down and from a height. Pistorius' statement on Tuesday said that he was on his stumps and feeling vulnerable when he opened fire. Mr Nel has said the killing was premeditated because Pistorius took time to put on his prosthetic legs before the shooting.
Mr Nel projected a plan of the bedroom and bathroom for the courtroom and argued Pistorius had to walk past his bed to get to the bathroom and could not have done so without realising the Steenkamp was not in the bed.
Investigating officer Hilton Botha at the bail hearing of South African Olympic sprinter Oscar Pistorius. Picture: AFP
"There's no other way of getting there," Mr Nel said.
WO Botha said the holster for the 9mm pistol was found under the side of the bed on which Steenkamp slept - also implying it would have been impossible for Pistorius to get the gun without realising that Steenkamp was not in the bed and could have been the person in the bathroom. Pistorius testified on Tuesday that the bedroom was pitch dark.
One witness who lives in a house 600 metres away said she heard two people arguing between 2am and 3am. WO Botha had changed his testimony to say that the witness was 300 metres away. The witness also said she heard two sets of three shots 17 minutes apart but only four cartridges were found. WO Botha was forced top admit that the witness had been wrong about this. He also admitted that the screaming he heard could have just come from Pistorius.
WO Botha said Steenkamp was shot in the head over her right ear and in her right elbow and hip, with both joints broken by the impacts.
Mr Roux asked WO Botha if Steenkamp's body showed "any pattern of defensive wounds", and the detective said it did not.
WO Botha said the shots were fired from 1.5 metres, and that police found three spent cartridges in the bathroom and one in the hallway connecting the bathroom to the bedroom.
Police also found two iPhones in the bathroom and two BlackBerrys in the bedroom, WO Botha said, adding that none had been used to phone for help. Pistorius had said that he called the manager of his guarded and gated housing complex and a private paramedic service.
Mr Roux said Pistorius did make calls, including to the guards of the housing estate. In one case, he said, a guard could hear Pistorius crying. "Was it part of his premeditated plan, not to switch off the phone and cry?" Mr Roux asked sarcastically.
WO Botha said Pistorius did not have a license for a .38-calibre weapon and consequently his possession of ammunition for such a weapon was illegal.
The detective said that all Pistorius would say after the shooting was "he thought it was a burglar".
Police claim to find drugs and needles
In an additional revelation, police said they found two boxes of testosterone and needles in the Pistorius' bedroom.
But Mr Roux said the substance was a "herbal remedy", and not a steroid or a banned substance.
WO Botha said police made the discovery in the double-amputee runner and multiple Paralympic champion's upscale Pretoria house but offered no further details or explanation. Mr Nel also had to correct WO Botha when he initially called the substance "steroids".
Pistorius' lawyer, Mr Roux, said on questioning the detective, who was described as a 16-year police veteran, that it was not a banned substance and that police were trying to give the discovery a "negative connotation".
"It is an herbal remedy," Mr Roux said. "It is not a steroid and it is not a banned substance."
It was not immediately clear what the substance was.
Mr Nel also said that police were not saying that Pistorius was using the substance, only that it was discovered along with the needles in his bedroom.
In other evidence, WO Botha told the court that Pistorius had threatened a man at a race-track "over a girl" and said he would "f--- him up."
The investigating officer said the man was so scared by Pistorius's alleged threats, he consulted a lawyer.
'Exceptional circumstances' to get bail - Magistrate
The officer warned the star, who says he mistook his girlfriend for an intruder, could be a flight risk.
"The accused could be a flight risk. It's a serious crime, a serious matter," he said.
If guilty, Pistorius could get 15 years to life, the officer said.
Botha laid bare the facts of the post-mortem carried out on Steenkamp's body. The model suffered five gunshot wounds to her head and neck.
Pistorius lowered his head and sobbed uncontrollably as the details of the post-mortem were read out.
The athlete, who is wearing the same black suit he wore at yesterday's hearing, arrived at court in a police car with a blue blanket covering his head.
Pistorius says the killing of Reeva Steenkamp was accidental and that he shot her by mistake in fear of an intruder in his house in South Africa.
Pistorius was charged with premeditated murder. The magistrate says his defence must offer "exceptional" reasons for him to be freed on bail.
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