Witness concedes Oscar had option to flee

MURDER accused Oscar Pistorius's star witness has conceded that the paralympian could have fled instead of firing his gun four times to "nullify the threat" behind his toilet door when he shot his girlfriend Reeva Steenkamp.

Under gruelling cross-examination, Professor Wayne Derman made several concessions to prosecutor Gerrie Nel yesterday, as the Blade Runner's trial entered its 38th day in the Pretoria High Court.

The defence is likely to close its case today, after which the case is expected to be postponed for closing arguments.

Pistorius is on trial for the alleged premeditated murder of Steenkamp, a former Port Elizabeth model and law graduate, on Valentine's Day last year. He claims he killed her after mistaking her for an intruder, but the state says the shooting followed a heated argument.

Derman, Pistorius's sports doctor of six years, admitted he believed Pistorius's intention on the night he killed Steenkamp was to shoot.

"Yes, from my understanding it was. His intention was to shoot. To nullify any threat behind that door," he said.

But he refused to concede that Pistorius was a "danger to society".

While Derman testified last week that it would have been impossible for Pistorius to run on his stumps – as the Blade Runner testified – a video compiled by his defence team in preparation for his trial clearly shows Pistorius running on his stumps.

Although aired in Australia on Sunday, the footage, compiled as part of a re-enactment of the shooting in preparation for his defence, was not used in court. Derman said the report he compiled on Pistorius was not forensic and did not deal with culpability. It had been "objective".

Nel hit back saying: "But what you have described ... your experience with Pistorius, how you looked after him ... you describe things that are very subjective. It shows bias."

Nel asked Derman if, as he testified on the "flight-or-fight" reactions of a disabled person, Pistorius would have been able to flee. Nel said: "He would have been able to walk out of his room, out of his house, or worst-case scenario, hide? Correct? Did you ever consider Pistorius's version was a lie?"

Derman said: "Yes, he could have walked out. He would have heightened vigilance ... awareness."

Nel continued: "The accused killed someone. He was hyper-vigilant, aware, expecting something from behind the door. What was his intention when he reacted to the sound [described as a falling magazine rack]?"

Derman said it had been to shoot at it "to nullify the threat".

Criminal attorney Ulrich Roux, analysing yesterday's proceedings, said the concessions Derman had made were vital in the state's case.

"That Pistorius would have had the ability to flee and that he would have had heightened awareness [knowledge of his surroundings] knowing what is going on around him, is an important concession to make, especially in terms of Pistorius's defence in which he has claimed diminished responsibility," Roux said. - Graeme Hosken