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Photographers take photos of Olympic athlete Oscar Pistorius as he stands in the dock during his bail hearing at the magistrates court in Pretoria, South Africa, Friday, Feb. 22, 2013. The fourth and likely final day of Oscar Pistorius' bail hearing opened on Friday, with the magistrate then to rule if the double-amputee athlete can be freed before trial or if he has to remain in custody over the shooting death of his girlfriend. (AP Photo/Themba Hadebe)
Oscar Pistorius granted bail pending murder trial
First Published Feb 22 2013 07:33 am • Last Updated Feb 22 2013 10:57 am

PRETORIA, South Africa • In an agonizingly slow announcement, a magistrate allowed Oscar Pistorius to go free on bail Friday, nine days after the Paralympian was arrested in the Valentine’s Day killing of his girlfriend.

Pistorius’ family members and supporters shouted "Yes!" when Chief Magistrate Desmond Nair made his decision after a more than 1 hour and 45 minute explanation of his ruling to a packed courtroom.

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Radio stations and a TV news network in South Africa broadcast the audio of the decision live, and even international channels like the BBC and CNN went live with it, underscoring the huge global interest in the case.

Nair banned cameras from Friday’s dramatic bail hearing and complained about cameras constantly "flashing" in Pistorius’ face the previous three days of hearings, saying the spectacle made the athlete look like "some kind of species the world has never seen before."

Nair set the bail at 1 million rand ($113,000), with $11,300 in cash up front and proof that the rest is available. The magistrate said Pistorius must hand over his passports and also turn in any other guns that he owns. Pistorius also cannot leave the district of Pretoria, South Africa’s capital, without the permission of his probation officer, Nair said, nor can he take drugs or drink alcohol.

The double-amputee Olympian’s next court appearance was set for June 4. He left the courthouse in a silver Land Rover, sitting in the rear, just over an hour after the magistrate imposed the bail conditions.

The magistrate ruled that Pistorius could not return to his upscale home in a gated community in the eastern suburbs of Pretoria, where the killing of Reeva Steenkamp took place.

Pistorius’ uncle, Arnold Pistorius said: "We are relieved at the fact that Oscar got bail today but at the same time we are in mourning for the death of Reeva with her family. As a family, we know Oscar’s version of what happened on that tragic night and we know that that is the truth and that will prevail in the coming court case."

Pistorius’ senior defense lawyer, Barry Roux, told reporters the defense is satisfied with the bail.

Nair made the ruling after four days of arguments from prosecution and defense in Pistorius’ bail hearing. During Friday’s long session in Pretoria Magistrate’s Court, Pistorius alternately wept and appeared solemn and more composed, especially toward the end as Nair criticized police procedures in the case and as a judgment in Pistorius’ favor appeared imminent.


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Nair said Pistorius’ sworn statement, in which he gave his version of the events of the shooting during the predawn hours of Feb. 14 in a sworn statement, had helped his application for bail.

"I come to the conclusion that the accused has made a case to be released on bail," Nair said.

Pistorius said in the sworn statement that he shot his girlfriend — a model and budding reality TV contestant — accidentally, believing she was an intruder in his house.

Prosecutors say he intended to kill Steenkamp and charged him with premeditated murder, saying the shooting followed a loud argument between the two.

Sharon Steenkamp, Reeva’s cousin, had said earlier that the family wouldn’t be watching the bail decision and hadn’t been following the hearing in Pretoria.

"It doesn’t make any difference to the fact that we are without Reeva," she told The Associated Press.

Despite the bail decision, prosecution spokesman Medupe Simasiku said: "We’re still confident in our case," outside court.

Pistorius faced the sternest bail requirements in South Africa because of the seriousness of the charge, and his defense lawyers had to prove that he would not flee the country, would not interfere with witnesses or the case, and his release would not cause public unrest.

Nair questioned whether Pistorius would be a flight risk and be prepared to go "ducking and diving" around the world when he stood to lose a fortune in cash, cars, property and other assets. Nair also said that while it had been shown that Pistorius had aggressive tendencies, he did not have a prior record of offenses for violent acts.

He criticized Hilton Botha, the previous lead investigator in the case, for not doing more to uncover evidence that the Olympian had violent tendencies.

"There is ample room and ample time to do that by looking at the background of the accused," he said.

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What’s different? Pistorius and police on killing

There are several key points where testimony at the Oscar Pistorius bail hearing conflicted between the prosecution and the defense.

KILLING

Prosecution: Pistorius knew his girlfriend Reeva Steenkamp was in the toilet stall when he fired through the door.

Pistorius: The shooting was a tragic accident; he mistook Steenkamp for an intruder.

PROSTHETICS

Prosecution: Pistorius, a double amputee, took the time to put on his prosthetic legs and walk to the bathroom where he fired the gun.

Pistorius: He did not put on the prosthetics and was on his stumps and felt vulnerable when he shot through the toilet door.

HE DIDN’T NOTICE STEENKAMP WAS NOT IN THE BED?

Prosecution: He had to go through the bedroom to get to the bathroom and must have known she was not in the bed.

Pistorius: It was dark in the bedroom. He thought she was asleep in bed.

SUBSTANCE DISCOVERED

Prosecution: At one point, Detective Warrant Officer Hilton Botha told the court that police found syringes and two boxes of testosterone in Pistorius’ bedroom — testimony the prosecution later withdrew, saying it was too early to identify the substance, which was still being tested.

Pistorius’ lawyer: It’s an herbal remedy — not a steroid or a banned substance.

WAS THERE AN ARGUMENT?

Prosecution: The couple had an argument loud enough to disturb neighbors well before the shooting.

Pistorius: He and Steenkamp had gone to bed, falling asleep hours before the shooting.

PHONE CALLS

Prosecution: No calls for help to police or ambulance service on any of the four cell phones found in the bathroom and bedroom. Estate guards called Pistorius who told them he was “all right.” The call was not disconnected and they could hear him crying.

Pistorius: He called the manager of the housing estate and asked him to call for an ambulance. He also called a private paramedic service. His lawyers say there was a fifth phone that was used to make the calls.



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