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But while Nair leveled harsh criticism at former lead investigator Botha for "errors" and "blunders," he said one man does not represent the state’s case and that the state could not be expected to put all the pieces of its puzzle together in such a short time.
Anticipating the shape of the state’s case at trial, he said he had serious questions about Pistorius’ account: Why he didn’t try to locate his girlfriend on fearing an intruder was in the house, why he didn’t try to determine who was in the toilet and why he would venture into perceived "danger" - the bathroom area - when he could have taken other steps to ensure his safety.
"There are improbabilities which need to be explored," Nair said, adding that Pistorius could clarify these matters by testifying under oath at trial.
AP Sports Writer Gerald Imray and AP writer Carley Petesch contributed to this report from Johannesburg.
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.
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.
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.
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.
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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