Oscar Pistorius, convicted of culpable homicide, was led down to the High Court in Pretoria’s holding cells after the State opposed the extension of his bail on Friday.
“Culpable homicide is a schedule seven offence,” prosecutor Gerrie Nel said.
“[this is a] serious case. Negligently and grossly negligent. Before today the accused thought he could be acquitted.”
Nel said prison was still a possibility for Pistorius and he should not be granted bail. He said the athlete sold three properties and did not have a house and was living with his family. Nel said there was nothing keeping him in South Africa.
“It is my respectful argument that it is not in the interest of justice to permit an accused who has been convicted in the high court on a matter of negligently killing the deceased… bail,” said Nel.
“[He] should not be released on bail.”
Also, while on bail, Pistorius was involved in an “incident” at a nightclub in the early morning hours in July which caused him to be asked to leave.
The family of the accused then admitted there was an incident and indicated to the media in a press release that his actions were “unwise” and underlied “some of his self-harming behaviour”, said Nel.
Nel said this was serious after an expert said the athlete may be a suicide risk. Barry Roux, SC, for Pistorius argued that the onus was on the State to prove that Pistorius should not get bail.
“He previously complied with his bail conditions — there really is no reason for you to apply your mind any different,” said Roux.
Roux said Pistorius sold his property to pay for his legal bills, adding this showed the respect Pistorius had for legal processes.
“This was a long trial; it was an expensive trial,” said Roux.
However, Nel said: “It’s the accused version that he wanted to pay his legal fees. I’ve got no evidence to support this.”
Roux said Pistorius had been living with his uncle Arnold for the past 18 months in Pretoria. Pistorius was accused of murdering his girlfriend Reeva Steenkamp in his Pretoria townhouse on Valentine’s Day last year. He shot her through the locked door of his toilet, apparently thinking she was an intruder about to emerge and attack him. She was hit in the hip, arm, and head.
Judge Thokozile Masipa said evidential material before the court showed that Pistorius acted negligently when he fired into the toilet door, knowing there was someone behind it.
Masipa adjourned the matter until 12.30pm.
As Pistorius was led down to the court cells, his sister Aimee and father Henke embraced. SAPA