This morning, Magistrate Desmond Naire ruled that Oscar Pistorius’ bail hearing will be based on a Schedule 6 accusation, in other words, that the State’s accusation of Pre-meditated murder be upheld. What this meant was that, for the bail hearing, Oscar’s defense had to provide “exceptional circumstances” for him to be allowed bail.
Personally, I do not yet understand why the prosecution so strongly believes that Oscar is a flight risk. He is a double amputee, he has major interests in South Africa, including his property. He is an international sports star, well known world wide, and his whole family is here. He didn’t try to flee from the scene of the crime. He even carried Reeva’s body down the stairs to get her help as soon as possible. Why will he not show up for his own trial? I believe his need to prove himself innocent is more important to him than to not be trialled at all.
Be that as it may. In my previous post I said that up to now we’ve only read and heard what the prosecution has to say, and that we should perhaps give the defense a chance to state their case.
Oscar has finally broken his silence by submitting his affidavit in court, in applying for bail. He didn’t have to, as he is not on trial yet, and he risks all of his affidavit being used against him during the trial.
I’ve spent this day reading the tweets of several different reporters, and although details seem sketchy, with some reporters posting interpretations instead of posting verbatim, others leaving out critical portions of the affidavit, I can gather some sort of gist of what Oscar was saying. So, be careful of what you read out there on Oscar’s FULL AFFIDAVIT. It may not be his actual full affidavit and I have already read a few articles that leaves out certain crucial parts of his affidavit. It is important in this case to have a wide scope of reporters, as one might miss something, others may use their own interpretations.
As such, myself included, may leave some things out that I didn’t read from the court room. Until we have the full affidavit published by his lawyers, I will not rely too much on what is said in the media. What we do know what was said in his affidavit is the following:
- He would have gone out with his friends on the night of the 13th, and Reeva with hers.
- They decided to stay at home and have a quiet evening together.
- They were deeply in love and couldn’t be happier. He loved her and he knows she felt the same way.
- He wasn’t wearing his prosthetics and was watching TV while Reeva was doing yoga.
- At the end of the evening they went to bed.
- He woke up/at some stage he went to close the sliding door and get the fan. He didn’t have his legs on as he has limited mobility on his stumps.
- He sleeps with his 9mm pistol under his bed.
- He is accutely aware of people gaining entry to homes to commit crime.
- He has received death threats.
- There are no burglar bars accross the bathroom window.
- Contractors left ladders outside.
- When he was on the balcony he heard a noise in the bathroom and a sense of terror rushed through him.
- Because he didn’t have his legs on he felt vulnerable.
- He got scared and didn’t switch on the light.
- He got his gun and moved towards the bathroom.
- He screamed at the intruder to get out of the house and screamed at Reeva to call the police.
- He fealt real harm to himself and Reeva.
- He fired shots through the bathroom door.
- He walked back to the bed (on his stumps) and realised Reeva was not in bed.
- It then dawned on him it could be Reeva in there.
- He went to the balcony and screamed for help.
- He put his legs on.
- He kicked the door open. Some reported that he used the cricket bat to break down the toilet door.
- He found Reeva slumped over in the toilet. She was still alove. He call the paramedics. He tried to take her to hospital.
- He tried to save Reeva. She died in his arms.
- He can’t stand how much hurt he caused.
- With the benefit of hindsight, he realise that Reeva went to the bathroom when he went to close the balcony door.
Further statements were read by Oscar’s friend and his girlfriend.
Further statements were read from friends of his