Oscar Pistorius Trial final arguments day 2

By TMG Editor - 08 August 2014

Judgment will be handed down on September 11, Judge Thokozile Masipa said in the High Court in Pretoria on Friday.

Oscar 'guilty of murder': State

Paralympic double amputee athlete Oscar Pistorius is guilty of the murder of his girlfriend Reeva Steenkamp, the State said in the High Court in Pretoria on Friday (08/08/2014).

"My lady, he knew it was a human being in the toilet. His intention was to kill a human being," prosecutor Gerrie Nel said in answering the defence's final arguments.

"[if Pistorius] shot into cubicle well-knowing there is a human being in there then he is guilty of murder. My lady, if someone shoots to kill then there must be consequences."

Because Pistorius had said he wanted to shoot an intruder at his Pretoria home on February 14 last year, and not his girlfriend, did not change the fact that it was murder, said Nel.

Pistorius is on trial for the murder of Steenkamp.

He shot and killed her through a locked toilet door at his home. He alleged he mistook her for an intruder. The State contends that he shot her after an argument.

Nel said the defences provided by his defence was "so mutually exclusive that they are mutually destructive".

Pistorius is also charged with three contraventions of the Firearms Control Act, one of illegal possession of ammunition and two of discharging a firearm in public. He has pleaded not guilty to these charges as well.

The case was postponed to September 11. - Sapa

'Nothing abnormal about Reeva's behaviour'

There was nothing abnormal about the way Reeva Steenkamp acted moments before she was shot and killed by her boyfriend Oscar Pistorius, the High Court in Pretoria heard on Friday (08/08/2014).

Barry Roux, SC, for Pistorius said there was nothing strange about her not announcing in the middle of the night that she was heading to the toilet.

Roux also added that there was nothing weird about her taking her phone with her.

"Especially this younger generation... they gel very well with their phones," said Roux.

He also pointed out that there was nothing odd about only a small amount of urine being found in her bladder nor about the fact that she was dressed in her shirts and t-shirt.

Roux said Steenkamp most probably heard Pistorius scream at the intruders to get out of the house.

"She got up from the toilet and closed and locked the door and sat in silence," Roux said.

He claimed she probably felt safe behind the locked door.

Roux was delivering his closing arguments in Pistorius's murder trial.

The paralympic athlete was charged with the murder of his girlfriend, Steenkamp.

He shot her behind a locked toilet door at his Pretoria home on Valentines Day last year. He alleged to have mistaken her for an intruder.

The State however contends it was premeditated.

"Had he threatened to shoot her, she would not have stood directly behind the door," Roux said in his client's defence.

He maintained Pistorius intended to shoot an intruder and not the deceased.

Roux submitted to Judge Thokozile Masipa that the prosecution could not shift intention.

He argued that Pistorius should have been charged with culpable homicide. - Sapa

Oscar case comes down to 'split second'

The murder trial of Oscar Pistoisus all comes down to the split second before he pulled the trigger and shot his girlfriend Reeva Steenkamp, the High Court in Pretoria heard on Friday (08/08/2014).

"It comes down to that split second," Barry Roux, SC for Pistorius said.

Roux said Pistorius should be charged with culpable homicide and not murder.

He said he did not think it was wrong for Pistorius to arm himself or to try and avoid the perceived danger from coming out of the cubicle.

Roux said the court should decide what a reasonable person would do in that split second.

"You have to find one of two things, and you have to assume the noise... When he heard the noise was he negligent? Was he acting reasonable? Or would the reasonable person have acted differently?

"Let's now look at the reasonable person, with the same abilities slash disabilities," Roux said.

He said that if the court found that for a person without legs, facing the door and hearing the sound, the actions were that of a reasonable person, the charges should be dropped.

"If this was reasonable, you must acquit him," Roux said.

"If you find that that action was not reasonable, then it's your finding, my lady."

Pistorius is also charged with three contraventions of the Firearms Control Act “one of illegal possession of ammunition and two of discharging a firearm in public. He has pleaded not guilty to these charges as well.

Prosecutor Gerrie Nel responded to Roux's arguments when he concluded. - Sapa

Roux dismisses State's 'baker's dozen' of inconsistencies

Murder-accused Oscar Pistorius's lawyer dealt with the State's "proverbial baker's dozen" used to show that he lied, in the High Court in Pretoria on Friday (08/08/2014).

"My lady, if that's a baker's dozen then I don't want to eat those cookies," Barry Roux SC, said to soft giggles from the public gallery.

On Thursday, prosecutor Gerrie Nel listed 13 "instances" that showed Pistorius had "incongruities and deceit" and was tailoring his version and called it the proverbial "baker's dozen".

These included Pistorius not remembering where certain items were in the bathroom and telling the court he did not remember certain aspects, only to later concede that he forgot or that his memory was not good.

Pistorius is charged with murdering his girlfriend Reeva Steenkamp on Valentine's Day last year.

He shot her through the locked door of his toilet at his Pretoria home.

Pistorius has denied guilt, saying he thought she was an intruder about to open the door and attack him. The State contends he shot her during an argument and it was premeditated.

Pistorius is also charged with three contraventions of the Firearms Control Act, one of illegal possession of ammunition and two of discharging a firearm in public. He has also pleaded not guilty to these charges.

Roux said Pistorius's actions after Steenkamp was shot were not consistent with a man who was trying to kill his girlfriend.

"Why would he want her to be saved so she can turn around and say this man should be locked up - look what he did to me," Roux said.

"It's absolutely inconsistent with a man trying to kill his girlfriend."

During the trial the court heard that Pistorius carried Steenkamp down the stairs after he broke down the toilet door. He called neighbours, a hospital and paramedics to help.

The court heard that he wanted to take her to hospital and begged God to save Steenkamp.

Roux said Pistorius admitted that he could remember everything up to the shooting. Roux said he understood because it was traumatic. - Sapa

Roux explains lack of experts

Murder-accused Oscar Pistorius's lawyer on Friday (08/08/2014) told the High Court in Pretoria that the defence did not call expert witnesses because the State's witnesses had corroborated their version.

Barry Roux SC, was responding to prosecutor Gerrie Nel who on Thursday said the defence had never called an expert witness after doing decibel tests to prove that the athlete screamed like a woman.

He said Nel did not inform the defence which of the 107 witnesses on the list the State would use until it had closed its case.

"So when we cross-examined the State's witnesses we were dependent on the expert to help us. We didn't know," Roux said.

When the list became available and the defence consulted them they realised that some of the neighbours did not hear a woman screaming but a man screaming in a high-pitched voice.

"The dependence on experts [was] not necessary. Why did the State not call them? Because they contradict the State's witnesses," Roux said in his closing arguments.

"All we had to do was prove that it was the same time as the screaming, and that we did - it was bingo."

Pistorius is charged with murdering his girlfriend Reeva Steenkamp on Valentine's Day last year.

He shot her through the locked door of his toilet at his Pretoria home.

Pistorius has denied guilt, saying he thought she was an intruder about to open the door and attack him. The State contends that he shot her during an argument and it was premeditated.

On Friday, Roux went over the timeline from that day of the shooting based on the evidence given by various witnesses.

Nel had argued on Thursday that Steenkamp ate two hours before she died and put the time at around 1am.

Roux, however, said he could not say if Steenkamp went to eat something while Pistorius was sleeping.

However, he said it was unlikely that a model and an athlete made dinner and the food was ready by 7pm but neither of them ate it and they woke up in the middle of the night and ate at 1am.

"A model and an athlete would go down to the kitchen at 1am. It simply does not make sense at all," he said.

"She could've gone down late at night."

He said he was not attacking anyone's integrity, referring to the witnesses. - Sapa

Roux points to 'coincidences' in neighbours' evidence

Murder-accused Oscar Pistorius's lawyer on Friday (08/08/2014) continued to focus on evidence given by State witnesses during the trial.

In his closing arguments, Barry Roux SC, told the court there was a "list of coincidences" in the statements and testimonies of Charl Johnson and his wife, Michelle Burger.

The couple lived in the complex next to Pistorius's home.

They testified to hearing blood-curdling screams on the morning that Pistorius shot dead his girlfriend Reeva Steenkamp.

"Mr Johnson said: 'When my wife testified, she spoke about the jakkals at night'," Roux told the court.

This was despite them saying they had not discussed the proceedings of the trial.

"He used her words when he was not supposed to," said Roux.

He described the statements the couple gave to police as being "virtually identical".

Roux also referred to the evidence of Anette Stipp and her husband, Dr Johan Stipp.

Anette Stipp had said that after the second sounds were heard her husband told her to get away from the window, said Roux.

The couple lived in the house adjacent to Pistorius's.

She claimed that shortly after this screaming came from Pistorius's house.

"This was highly unlikely," said Roux.

He dismissed claims by Anette Stipp that sounds of arguing seemed to come from Pistorius's home.

"If you read that evidence it can never justify any inference that the accused and the deceased were arguing," said Roux.

He submitted that Pistorius was in love with Steenkamp, although they had their differences like any other couple.

Roux also referred to the testimony of Yvette van Schalkwyk, a government social worker, who claimed to have first met Pistorius shortly after he shot Steenkamp.

She had told the court she was disturbed by allegations that Pistorius was acting as he cried and appeared emotional during the trial.

"She said... 'This man was genuine in his conduct. He was concerned about the deceased's family. He was heartbroken... He was a man in mourning," Roux told the court.

Pistorius is charged with murdering Steenkamp on Valentine's Day last year.

He shot her through the locked door of his toilet at his Pretoria home.

Pistorius has denied guilt, saying he thought she was an intruder about to open the door and attack him. The State contends he shot her during an argument and it was premeditated.

Witness was 'desperate' to help State, says Roux

A state witness in murder-accused Oscar Pistorius's trial was "desperate" to help the State, Pistorius's lawyer told the High Court in Pretoria on Friday (08/08/2014).

In his closing arguments, Barry Roux SC, focused on the statements and testimonies of several State witnesses who were neighbours of Pistorius.

Roux referred to the evidence of Dr Johan Stipp and said he was "desperate to help the State".

In his statement to police, Stipp had simply said he had heard the screams of a woman coming from a neighbour's house.

However, in the witness box he had added that the screams were fearful and emotional.

Roux queried why this was left out of his initial statement.

"His evidence was inconsistent with the other witnesses," said Roux. The court could not rely on his evidence.

Roux said Stipp's recollection of the sequence of events differed from that provided by other people who were on the scene.

Pistorius is charged with murdering his girlfriend Reeva Steenkamp on Valentine's Day last year.

He shot her through the locked door of his toilet at his Pretoria home.

Pistorius has denied guilt, saying he thought she was an intruder about to open the door and attack him. The State contends he shot her during an argument and it was premeditated.

Prosecutor 'desperate, naughty', says Oscar;s lawyer

The prosecutor in murder-accused Oscar Pistorius's trial is "desperate and naughty", Barry Roux SC, for Pistorius, told the High Court in Pretoria on Friday (08/08/2014).

"Mr Nel is desperate. I have a lot of respect for Mr Nel and his experience," Roux said, referring to prosecutor Gerrie Nel.

Roux said Nel had submitted evidence in his closing arguments based on an interview on a Pretoria radio station.

He said Nel knew it was wrong and was being naughty because the prosecution lacked evidence.

"You cannot quote a radio and say this is evidence... The hole is too big. He had to refer to a radio station," Roux said.

"The State fetched cases from another jurisdiction... It was to create this atmosphere, knowing its deficiencies," he said.

Pistorius is charged with murdering his girlfriend Reeva Steenkamp on Valentine's Day last year.

He shot her through the locked door of his toilet at his Pretoria home.

Pistorius has denied guilt, saying he thought she was an intruder about to open the door and attack him. The State contends he shot her during an argument and it was premeditated.

In his closing arguments on Friday, Roux said the court should find that Pistorius's version of events could not be rejected.

Pistorius was not the same as normal people when faced with danger because he could not run away when he was on his stumps.

"You know I cannot run away... There is a constant reminder that I do not have legs, I cannot run away, I am not the same - that's with him," Roux said.

"He can pretend. He can pretend that he is fine. We must understand."

He said Pistorius was anxious and vulnerable and confronted the danger.

Roux referred to Hilton Botha, the initial investigator who was dropped from the case last year after he admitted to contaminating the scene.

Botha testified during Pistorius's bail application in the Pretoria Magistrate's Court.

Roux said the State had Botha give evidence during the bail application that Pistorius put on his prostheses and shot Steenkamp in cold blood.

He said Botha had conceded that his evidence was not based on professional input. Roux said this had led to Pistorius becoming argumentative during cross-examination by Nel.

"We need to expose this to the court. Expose the submissions made. Consider the accused," he said.

"Was he many times argumentative, yes my lady. Should he have been? Absolutely not," Roux said.

Pistorius allegedly fired a shot from a Glock pistol under a table at a Johannesburg restaurant in January 2013. On September 30, 2012 he allegedly shot through the open sunroof of a car with his 9mm pistol while driving with friends in Modderfontein.

Roux argued that the two witnesses who testified to the incidents -Pistorius's former friend Darren Fresco and ex-girlfriend Samantha Taylor - both had motives to implicate Pistorius.

He said Fresco was an accomplice and wanted to incriminate the athlete while Taylor told the court he cheated on her with Steenkamp.

"Pistorius is not avoiding blame," Roux said. - Sapa

Athletes 'trained to react to sound'

As a track athlete, murder-accused Oscar Pistorius is trained to react to sound, his lawyer told the High Court in Pretoria on Friday (08/08/2014).

Barry Roux SC, said that having armed himself, Pistorius heard a noise in his toilet and his immediate reaction was to pull the trigger.

"He was standing at the door, vulnerable, anxious with his finger on the trigger and when he heard a noise, bang", said Roux, referring to shots Pistorius fired.

Pistorius is charged with murdering his girlfriend Reeva Steenkamp on Valentine's Day last year.

He shot her through the locked door of his toilet at his Pretoria home.

Pistorius has denied guilt, saying he thought she was an intruder about to open the door and attack him. The State contends he shot her during an argument and it was premeditated.

"We are not making the submission that the accused did not arm himself," Roux told the court in his closing arguments on Friday.

"He armed himself. He went to the toilet. He foresaw that it might be necessary to fire the shots. He was anxious and fearful," said Roux.

The court simply had to decide whether the action to shoot at the door was simply reflex or whether it was reflex combined with the cognitive.

If the shooting simply happened due to reflex action, then this would prove that Pistorius lacked capacity.

If it was reflex and cognitive combined, then the court should explore what the thought behind the action was, said Roux, adding that the thought in Pistorius's mind that day was that he was in danger.

Submitting his closing arguments on Thursday, prosecutor Gerrie Nel said Pistorius had shot at the door knowing Steenkamp was behind it.

He called Pistorius an appalling witness who had tailored his evidence.

On Friday, Roux said the evidence of ballistic expert Captain Chris Mangena showed Pistorius was not directly in front of the toilet door when he shot at it, but rather at the bathroom door.

"This proves that he was actually scared and not trusting of the person who was in that toilet," said Roux.

He was about two metres away from the door when he fired, fatally wounding Steenkamp.

Referring to the Whatsapp messages between Steenkamp and Pistorius, Roux dismissed Nel's suggestion that the 10 percent "unhappy" messages between the two were the messages that carried the most weight.

Steenkamp had sent a message to Pistorius on January 27, 2013 where she said she was scared of him.

On February 7, 2013, she sent another message explaining that she was unhappy with him.

Roux argued that the subsequent messages were affectionate.

A security guard who testified in the trial told the court that when he called Pistorius shortly after the shooting at his residence, Pistorius told him that "everything was OK".

On Thursday, Nel criticised Pistorius for this, saying a reasonable action would have been for Pistorius to ask security to call for help.

Roux defended Pistorius on Friday and said there were reasons for this.

Pistorius could have already received help from one of his neighbours who was a doctor, the paramedics had already been called, and he could not speak to the guard because he was crying. - Sapa

Case shouldn't have been murder: Roux ()

Paralympic athlete Oscar Pistorius should have been charged with culpable homicide and not murder, his lawyer argued in the High Court in Pretoria on Friday (08/08/2014).

Barry Roux SC, said the State's version that the athlete made up the fact that he mistook his girlfriend Reeva Steenkamp for an intruder when he shot her dead was not true.

Roux said Pistorius told the first people who arrived on the scene that he thought she was an intruder.

"He repeated that and went into the bail application before seeing the docket," Roux said.

"So on what basis are you saying that he is lying?"

Roux said Pistorius was negligent.

"That is culpable homicide... That is what the case should have been about..."

Pistorius is charged with murdering Steenkamp on Valentine's Day last year.

He shot her through the locked door of his toilet at his Pretoria home.

Pistorius has denied guilt, saying he thought she was an intruder about to open the door and attack him. The State contends he shot her during an argument and it was premeditated.

On Friday, Roux said the failure by the State to "leave out" evidence left question marks and could mean that the scene was disturbed.

He said State witnesses admitted that they had tampered with evidence. He showed the court two pictures. In one a hand could be seen holding open the bedroom curtain.

"Why was it necessary to keep it open? Why not take a photograph without someone holding the curtain open to gain a real view?" Roux asked.

He also dealt with a moved multiplug and showed a photograph taken in the bedroom.

"The unfortunate consequence of that was that Mr Pistorius was cross-examined that there was no place for the multiplug," Roux said.

He argued that they had received a photograph from the State on Wednesday that showed a hand either removing or plugging in a plug.

"Was he putting it in or taking it out? What concerns us is that that photo was in the possession of the State.

"The State must have known about this."

Roux said there was no way the State could argue that the scene was not tampered with.

On Thursday, prosecutor Gerrie Nel completed his closing arguments and described Pistorius as a deceitful and dishonest person, who would rather hide behind untruths than admit he murdered his girlfriend in cold blood.

Nel said Pistorius was an appalling witness who had tailored his evidence to avoid prosecution. He dismissed several points of Pistorius's testimony as improbable and untruthful.

The case continues. - Sapa

Oscar Pistorius Trial final arguments day 2

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