lead investigator | Impressions

Pretoria, South Africa
Friday, February 22, 2013

Chief Magistrate Desmond Nair granted bail to Oscar Pistorius ahead of his trial for the alleged murder of his girlfriend Reeva Steenkamp. The judge cited a number of problems with the police investigation into the death of the model. “I come to the conclusion that the accused has made a case to be released on bail,” he said.• He did not think Pistorius was a flight risk.

After the announcement, Pistorius remained quiet and reserved. Though his family hugged him quietly he did not seem to celebrate.

These are Judge Desmond Nair’s main reasons for granting bail:

• He did not think Pistorius was a flight risk.

• He did not think the prosecution had shown that Pistorius had a propensity for violence.

• He did not think the prosecution had shown there would be public outrage if released on bail.

• He did not think the prosecution’s case was so strong that Pistorius’ only reasonable reaction were he released would be to flee.

Judge Nair said the former lead investigator in the case, Hilton Botha had made “several errors and concessions” during his testimony during the bail hearing. However, the judge also pointed out the holes in the story narrated by Pistorius: However, the judge also pointed out the holes in the story narrated by Pistorius:

• Why did Pistorius not find out Reeva’s whereabouts?

• Why did Pistorius not verify who was in the toilet?

• Why did Reeva not scream back from the toilet?

• Why did the deceased (Reeva) and the accused (Pistorius) not escape through the bedroom door but venture into the toilet?

• Why would the accused (Pistorius) venture into danger knowing the intruder was in the toilet, leaving himself open to attack? He (Pistorius) returned to the dangerous area. What if the intruder was waiting for him (Pistorius)?

The judge also said he had difficulty in understanding with the version provided by the defense of why the accused (Pistorius) slept on the other side of the bed from usual that night.

Judge Desmond Nair set the bail at 1m Rand (US$111,370; £73,000; €84330) and ordered to release the Olympian after posting bail by March 1, and 10% of it is due immediately. He ordered Pistorius not to go back to the Silver Woods estate, where the shooting took place; give up his passport; refrain from going near an airport; and report to a police station on Mondays and Fridays.

Oscar Pistorius granted bail (edition.cnn.com)
Why was Oscar Pistorius granted bail? Here are the judge’s reasons … (guardian.co.uk)
Prosecution: Oscar Pistorius’ account of girlfriend’s shooting a ‘stretch’ – NBCNews.com (worldnews.nbcnews.com)
‘Blade Runner’ Oscar Pistorius Charged with Murder of His Girlfriend(tvaraj.com)
Oscar Pistorius and the Bloodied Cricket Bat in His Bedroom (tvaraj.com)
News: South Africa Police Drop Lead Detective in Oscar Pistorius Attempted Murder Case (tvaraj.com)
Ellie May Challis vs Oscar ‘Blade Runner’ Pistorius (tvaraj.com)

. By T.V. Antony Raj

South Africa's National Police Commissioner Riah Phiyega — South Africa’s National Police Commissioner Riah Phiyega

In a fascinating new twist to the Oscar Pistorius murder case, South Africa’s National Commissioner Riah Phiyega has appointed Lt. Gen. Vinesh Moonoo, Pretoria’s top detective as the new lead investigator in lieu of Hilton Botha. This announcement comes ahead of a judge’s decision on whether to release Pistorius on bail. This comes as one more blow to the prosecution’s case against the Olympian.

Police made this sensational announcement as Pistorius arrived for a third day of the bail hearing over the Valentine’s Day shooting of his girlfriend Reeva Steenkamp, which prosecutors say was a premeditated killing while the defendants argue that it was an accident.

The decision to replace Hilton Botha with police Lt. Gen. Vinesh Moonoo in command came a day after he offered testimony damaging to the prosecution. Furthermore, word emerged that Hilton Botha, the first chief investigator himself is currently facing attempted murder charges in a 2011 shooting incident, when he and two other police officers allegedly fired shots at a minibus. Seven counts of attempted murder have been reinstated against them.

Bulewa Makeke, the spokeswoman for South Africa’s National Prosecuting Authority, said the charge against Botha was initially dropped “because there was not enough evidence at the time.” However, after Botha testified in Pistorius’ bail hearing on Wednesday, the police reinstated attempted murder charges against Botha and two other police officers because of more gathered evidence.

National Commissioner Riah Phiyega says the Pistorius case “shall receive attention at the national level” and Vinesh Moonoo will “gather a team of highly skilled experienced detectives.”