Oscar Pistorius, charged with murdering his model girlfriend Reeva Steenkamp on Valentine's Day, faces Pretoria Magistrate's Court on the third day of his bail hearing. Source: AFP
Investigating officer Hilton Botha - who is himself facing attempted murder charges - sits inside the court witness box during Oscar Pistorius's bail hearing. Source: AP
- Lead investigator dropped from Pistorius case
- Courtroom evacuated over unspecified threat
- Defence says there will be an outcry if bail refused
- Hearing will stretch into a fourth day
- Nike runs away from Pistorius sponsorhsip
ANOTHER drama-filled day at the Oscar Pistorius bail hearing has seen lead detective Hilton Botha dropped from the case and the courtroom briefly evacuated over fears of an unspecified threat outside the court.
After the hearing was adjourned for the day the head of the South African police appointed a new lead investigator to the case after it was revealed Detective Warrant Officer Hilton Botha was himself facing seven attempted murder charges.
National Commissioner Riah Phiyega said the nation's "top detective" Lieutenant General Vinesh Moonoo will take over the investigation.
Ms Phiyega said the Pistorius case "shall receive attention at the national level" and Lt-Gen Moonoo would "gather a team of highly skilled and experience detectives".
The announcement that Warrant Officer Botha faces reinstated charges in connection with a 2011 shooting incident came a day after he testified for the prosecution in Pistorius' bail hearing, and by all accounts bungled his appearance. He acknowledged Wednesday that nothing in Pistorius' account of the fatal Valentine's Day shooting of his girlfriend contradicted what police had discovered.
The spokeswoman for the nation's prosecutors had urged that Warrant Officer Botha be removed from the case.
Earlier, Magistrate Desmond Nair called for a break in proceedings but did not specify the nature of the threat, journalists inside the court said on Twitter. The hearing resumed shortly after with the defence wrapping up its case.
The Paralympian was back in court for the third day of his bail hearing over the Valentine's Day shooting of his girlfriend Reeva Steenkamp. The day ended with no decision being reached on bail and the hearing will resume tonight AEDT.
South African journalists and overseas correspondents are providing up-to-the-minute coverage of the Pistorius murder case from both inside and outside the courtroom via Twitter.
At one point Magistrate Nair asked the defence: "Do you think there will be some level of shock if the accused is released?"
Pistorius's lawyer Barry Roux responded: "I think there will be a level of shock in this country if he is not released."
Pistorius 'willing and ready to kill'
Opposing bail for Pistorius, prosecutor Gerrie Nel painted a picture of a man "willing and ready to fire and kill", and said signs of remorse from Pistorius did not mean that the athlete didn't intend to kill his girlfriend.
"Even if you plan a murder, you plan a murder and shoot. If you fire the shot, you have remorse. Remorse might kick in immediately," Mr Nel said.
As Nel summed up the prosecution's case opposing bail, Pistorius began to weep, leading his brother, Carl Pistorius, to reach out and touch his back.
"He (Pistorius) wants to continue with his life like this never happened," Mr Nel went on, prompting Pistorius, who was crying soflty, to shake his head. "The reason you fire four shots is to kill," Mr Nel persisted.
But Mr Roux continued to cast doubt on the state's case and the investigation, following up after WO Botha conceded on Wednesday that police had left a 9mm slug in the toilet where Steenkamp died, had lost track of illegal ammunition found in the home and that WO Botha himself had walked through the scene without protective shoe covers, possibly contaminating the area.
"The poor quality of the evidence offered by investigative officer Botha exposed the disastrous shortcomings of the state's case," Mr Roux said. "We cannot sit back and take comfort that he is telling the truth."
Mr Roux also raised issue of intent, saying the killing was not "pre-planned" and referred to a "loving relationship" between the two.
He said an autopsy showed that Steenkamp's bladder was empty, she suggesting she had gone to use the toilet as Pistorius claims. Prosecutors claim Steenkamp had fled to the toilet to avoid an enraged Pistorius.
"The known forensics is consistent" with Pistorius' statement, Mr Roux said. The lawyer said the evidence does not even show Pistorius committed a murder.
Pistorius has remained composed during most of the hearing but reportedly broke down into sobs at the mention of affidavits attesting to the strength of his relationship with Steenkamp.
Inside the courthouse, defence lawyer Mr Roux told the BBC that a bail decision was unlikely to be reached tonight, due to the late start.
As the hearing got underway, Nike - which infamously described Pistorius as the bullet from a chamber in an ad - announced that it had suspended its contract with the athlete.
Perfume giant Thierry Mugler has also dropped Pistorius from its Angel aftershave campaign.
Botha called back for questioning
The hearing descended into chaos shortly after it began, with Magistrate Desmond Nair calling for WO Botha - who was absent - to return to court.
When WO Botha finally took the witness stand, Mr Nair asked him if he had obtained detailed phone records and bills for Pistorius and Reeva Steenkamp. WO Botha said he had asked for them but had not been given them yet.
Investigating officer Hilton Botha - who is himself facing attempted murder charges - sits inside the court witness box during Oscar Pistorius's bail hearing. Source: AP
Pistorius, 26, vehemently denies the premeditated murder charges against him, claiming he mistook his 29-year-old girlfriend for an intruder.
The Paralympian, who was heard crying as he was taken from his holding cell, faced the magistrate for just 20 minutes before the hearing was adjourned so WO Botha could be recalled.
When the adjournment was called, prosecutor Gerrie Nel wryly commented "there goes my case".
Pistorious's family members, who have unfailingly supported him throughout the hearings, huddled together in close discussion after the adjournment was called. His brother Carl appeared energised and upbeat, according to reports.
Day began strangely with woman's 'nonsense' motion
In a bizarre incident at the beginning of hearing, The Telegraph reported, a woman entered the court clutching a motion. She said she was a friend of Pistorius's late mother and that she wanted to have the athlete examined by a psychologist.
Both the prosecution and the defence urged the magistrate not to hear her, saying her motion made "no sense".
Earlier, South Africa's National Prosecuting Authority said given the charges against WO Botha, he "cannot continue" on the case.
The National Prosecuting Authority acknowledged that the timing of attempted murder charges was "totally weird''.
Spokeswoman Bulewa Makeke said WO Botha should be replaced, but that it was a decision for police and not prosecutors.
Police spokesman Neville Malila denied reports that WO Botha had been dropped, telling d South Africa's Jacaranda FM and AFP that no decision had been made.
"We didn't make a decision on that,'' Mr Malila told AFP. "For now he is still on the case.''
Jacaranda FM said the police would be bringing in a "provincial task force" to "bolster" the prosecution's case against Pistorius.
The shock news of WO Botha's attempted murder charges is undoubtedly a blow to the prosecution.
The detective and two other police officers reportedly opened fire on a bunch of terrified passengers in a mini-bus in a drunken shooting incident with three other officers in 2011.
Pistorius's lawyers tore into WO Botha's police work during yesterday's hearing, undermining his witnesses and forcing him to agree that the Olympian's version of events fitted the crime scene.
Despite gaining the upper hand yesterday, Pistorius's team still needs to give compelling reasons why he should be freed pending his trial, after having spent a week in detention already.
Charged with premeditated murder, he has to prove exceptional circumstances that his release is in the interest of justice - a high bar for bail.
If Pistorius is not granted bail he faces months and perhaps years in pre-trial detention.
Prosecutors are expected to say the global celebrity is a flight risk - something he has denied and Magistrate Desmond Nair has appeared to question.
"Pistorius does not pose a flight risk, which is evident having regard to his international stature and exposure,'' his family said in a statement.
with wires
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