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Botha is himself to appear in court in May to face seven counts of attempted murder. Botha was dropped from the case but not suspended from the police force, Phiyega said, and could still be called by defense lawyers at trial.
Pisatorius’ behavior Thursday reflected the change of mood in the courtroom as his defense lawyers attacked police procedures and maintained his innocence.
Pistorius, in the same gray suit, blue shirt and gray tie combination he has worn throughout the bail hearing, stood ramrod straight in the dock, then sat calmly looking at his hands. On Tuesday and Wednesday, the athlete had been slumped over and sobbing uncontrollably at times as detail was read out of how Steenkamp died in his house.
"The poor quality of the evidence offered by investigative officer Botha exposed the disastrous shortcomings of the state’s case," Roux said Thursday. "We cannot sit back and take comfort that he is telling the truth."
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, suggesting she had gone to use the toilet as Pistorius had claimed. Prosecutors claim Steenkamp had fled to the toilet to avoid an enraged Pistorius.
"The known forensics is consistent" with Pistorius’ statement, Roux said, asking that bail restrictions be eased for Pistorius.
But the prosecutor said Pistorius hadn’t given guarantees to the court that he wouldn’t leave the country if he was facing a life sentence. Nel also stressed that Pistorius shouldn’t be given special treatment.
"I am Oscar Pistorius. I am a world-renowned athlete. Is that a special circumstance? No." Nel said. "His version (of the killing) is improbable."
Nel said the court should focus on the "murder of the defenseless woman."
Botha testified Thursday that he had investigated a 2009 complaint against Pistorius by a woman who claimed the athlete had assaulted her. He said that Pistorius had not hurt her and that the woman had actually injured herself when she kicked a door at Pistorius’ home.
The hearing is to continue Friday morning.
AP Sports Writer Gerald Imray contributed to this report from Johannesburg.
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