Oscar Pistorius granted bail ahead of murder trial

It was a long and emotional week for Oscar Pistorius, who is accused of premeditated murder in the killing of his girlfriend, . Pistorius must surrender his passport and cannot return to his home, which was the scene of the shooting. NBC's Michelle Kosinski reports.

PRETORIA, South Africa -- Oscar Pistorius was granted bail Friday pending his trial for the alleged murder of his girlfriend, Reeva Steenkamp.

Olympic and Paralympic star Pistorius, dubbed the “Blade Runner,” maintains he did not realize Steenkamp was in the locked bathroom of his home in a suburb of Pretoria, South Africa, and fired through the door in a panic over a possible prowler early on Valentine's Day.

However, prosecutors say the 26-year-old committed the “premeditated murder” of Steenkamp, 29, a model and trained lawyer, who was staying overnight at his house.

On the fourth day of his bail hearing Friday, Chief Magistrate Desmond Nair told the court that he had "come to the conclusion that the accused has made a case to be granted bail."

There was a cry of "yes" from the public gallery after his decision, and his relatives embraced, cried and prayed.

In contrast to the joy of his relatives, Pistorius looked upset.

Nair spoke for more than 90 minutes prior to announcing his decision, summarizing the testimony given to the four-day hearing, citing previous cases and the relevant laws.

He said he had “difficulty” with several aspects of Pistorius’ account of what happened, talking of a number of “improbabilities.”

“I have difficulty in appreciating why the accused did not ascertain the whereabouts of his girlfriend,” Nair said. He said he also struggled to understand “why the accused would not seek to ascertain who was in the toilet” before opening fire.

'Not a flight risk'
But he said he had concluded that Pistorius was "not a flight risk" and said there was no evidence before him that the athlete might interfere with state witnesses. He also said he did not have evidence to suggest Pistorius was "not of a stable mind."

Nair also criticized Warrant Officer Hilton Botha – a police officer pulled from the case because he is facing attempted murder charges -- for making “several errors” during his testimony to the bail hearing.

He also said Botha had “blundered” when he claimed to have found testosterone in Pistorius’ room and had not “spent as much time as he ought to have if he wanted to show the accused has a propensity to violence.”

Nair set bail at a million rand (about $112,000). Pistorius, who was to be freed on payment of the money, was ordered to report to a police station twice a week, among a number of bail conditions.

Pistorius was also ordered to stay away from witnesses, surrender his passports, hand over his firearms and not drink alcohol. The case was then adjourned until June 4.

The athlete left the court at about 5:45 p.m. local time (10:45 a.m ET). He could be seen in a silver Land Rover that was pursued by members of the media on motorcycles after it left the court compound, Reuters reported. The SUV traveled to the home of Pistorius' uncle, Arnold Pistorius, in the Pretoria suburb of Waterkloof, where at least five private security guards kept reporters at bay.

Medupe Simasiku, a spokesman for the prosecution, said that they respected the court’s decision.

“We would like to assure everyone that we’re still confident of this case,” he said. “We believe that we will make it through during the trial."

Before the bail decision, prosecutor Gerrie Nel had told the court that “one must stretch” to believe Pistorius’ account of what happened on the night of the shooting.

And Nel questioned why Steenkamp would have stayed silent and not alerted Pistorius that she was in the bathroom.

“Why would she not have shouted, 'Where are you (Oscar)? What's going on?’” Nel said. “She did not say a word. She did not scream. She did nothing! I think that's improbable. ... It's not true!"

In a statement read to the court on Tuesday, Pistorius described waking up and and going to his bedroom balcony to bring a fan inside and close the sliding glass doors and blinds. After hearing a noise in the bathroom, the double-amputee said he felt "a sense of terror" and feared a prowler was in the house.

Pistorius' account added:

"I fired shots at the toilet door and shouted at Reeva to phone the police. She did not respond and I moved backwards out of the bathroom, keeping my eyes on the bathroom entrance. Everything was pitch dark in the bedroom and I was still too scared to switch on a light. Reeva was not responding.

"When I reached the bed, I realized that Reeva was not in bed. That is when it dawned on me that it could have been Reeva who was in the toilet."

Defense lawyer Barry Roux told the court before the decision on bail that Pistorius should at most be charged with culpable homicide, which is the unlawful, negligent killing of someone under South African law.

He said “intent” to possibly kill a burglar could not be transferred to become intent to kill Steenkamp.

Roux said Pistorius would not be able to flee the country unnoticed. If he went through security at an airport, "the system would react."

The lawyer added that Pistorius would not skip bail, saying that his prosthetics needed adjustment every month and that he also required medication for his stomach.

The arrest of Pistorius stunned millions who watched in awe last year as the sprinter reached the semi-final of the 400 meters at the London 2012 Olympics.

In South Africa, Pistorius was seen as a rare hero who commanded respect from both blacks and whites, transcending the racial divides that persist 19 years after the end of apartheid.

Reuters contributed to this report.

Related: 

Pistorius bail hearing in chaos as lead detective is axed from case

Fragrance brand parts ways with Pistorius

Pistorius' uncle: Olympian in shock, 'will bounce back'

 

This story was originally published on

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I heard they made him surrender his "blades". I guess that is how prosecutors were sure that he wouldn't be a flight risk.

  • 1 vote
Reply#305 - Fri Feb 22, 2013 9:15 PM EST

I heard they made him surrender his "blades".

That would be just plain cruel. They installed a GPS monitor on his ankle.

  • 1 vote
#305.1 - Mon Feb 25, 2013 12:55 PM EST
Reply

What a scumbag. He pops off a beautiful young woman and claims it was an accident. Maybe he should get prosthetic balls.

  • 1 vote
Reply#306 - Fri Feb 22, 2013 9:40 PM EST

What type of drugs did they find around his house? I heard they had maybe found steroids, did they or was it something else. I started wondering if it was cocaine and I hear that he didn’t drink that much. The stories they give are weird. How did he shoot through the door at the angle without his legs as one. Oscar’s story of what happened is impossible sometimes to of happened. He got wrong where he left his cell phone and also why was his girlfriends cell phone outside the bathroom too. The bail money is not much at all and it makes me think he will get off for the most part. I still think he could get a few years in prison for manslaughter or something. There is a chance he could he away with no jail time. What do people think of what the verdict should be that live in South Africa?

    Reply#307 - Fri Feb 22, 2013 9:52 PM EST

    Well if he gets off with no jail time will he still be an Olympic runner? I would think he would not be one and it would be strange for him to continue being one and competing in runner competitions. Not many or any Olympians have ever killed someone or has there been one? If the answer is no then this has ruined his career and he will not be running any more.

      Reply#308 - Fri Feb 22, 2013 10:40 PM EST

      It's quite amazing how Oscar seems to be getting all the press and good vibes from friends but this beautiful woman with a great career ahead of her seems to get mentioned as only a second thought. He shot through a bathroom door 4 times, hitting her 3 times. Why was she locked in this bathroom with two cell phones to start with? This is just nuts. You don't start blasting off a gun when you have someone in your house and don't know where they are.

      I'm sure he is upset and don't doubt his honesty there. Many people do terrible things and are sorry for it afterwards but that doesn't change anything for her, does it?

      • 1 vote
      Reply#309 - Fri Feb 22, 2013 11:03 PM EST

      This guy comitted murder and round one goes to him. The judge errored in his decision because now he is free to sway public opinion by doing (and reminding people and politicians in South Africa) why they love him in the first place -- train to run. This will make it even harder for the judges to indict him on premeditated murder. It will remind everyone in SA whjy they loved him in the first place and $$$ he brings to SA. His trainer is already getting him prepped for a "training" comeback. You can bet that will be plastered all over the media in the months to come. At the least the terms of the bail should have included cannot make any public appearances. But no, the judge just gave him a free pass to manipulate public and political opinion for the murder trial.

        Reply#310 - Sat Feb 23, 2013 12:48 AM EST

        Take his blades and he'll be less of a flight risk anyway.... Either way, he won't have a "leg to stand on" once he is found guilyt!!!!!

        • 1 vote
        Reply#311 - Sat Feb 23, 2013 12:55 AM EST

        BTW I am floored that this women would even date this guy. I wonder what the women said that T'd him off in the fisrt place. It must have been pretty personal. Something like: kids with you? Are you kidding. You can't even walk without your crutch. I'm only dating you for the noteriety. Women these days. LOL. It's so ingrained in young women to date guys that look like men on television that they COMPLETELY ignore the impotance of physical attributes in favor of the right "look". As long as you can cover it up, no matter how serious the handicap, and you have the right look, you're breedable. This list includes problems with just about every organ from head to toe that requires a crutch of some sort and that would otherwise be a leathal handicap. No wonder, drug companies are doing massive business these days. As long as women continue to breed with handicap men, that trend will only continue. Ladies, pull your collective heads out!

        • 1 vote
        Reply#312 - Sat Feb 23, 2013 1:05 AM EST

        It may be that Pistorius is guilty of murder, and yes, he should pay the price. But I doubt any of you are fit to judge him. This is a guy who grew up without legs. His entire childhood was screwed up from day 1. I don't think any of you can begin to imagine what it must have been like for him, and yet he made something of his life. He even became a hero. He's not O.J. Simpson or any of the other sports stars-turned murderers. We don't know why Pistorius did what he did yet, and I can only assume his model girlfriend cheated on him (with someone who HAD legs, no doubt). I doubt the woman was a saint. If this is the case, and Pistorius loved her, then one can understand how betrayed and depressed he must feel. It doesn't justify murder, though, and he's got to go to jail and probably for a pretty long time. But you people probably all consider yourselves "Christians", even though you're mostly just hypocrites. If it makes you feel good to mouth off against a guy with no legs, then you're pretty low.

          Reply#313 - Sat Feb 23, 2013 2:26 AM EST

          "If it makes you feel good to mouth off against a guy with no legs, then you're pretty low."

          You don't paint bullseyes on your bathroom doors by any chance.

            #313.1 - Mon Feb 25, 2013 12:59 PM EST
            Reply

            "If it makes you feel good to mouth off against a guy with no legs, then you're pretty low."

            GMEABK!

            This is the silliest line of logic I've ever heard. Everybody has a right to judge anybody else. We all pass judgement every single day on every event in our lives. Legs or no legs, he's a violent psychopath who murdered a women. VIOLENT and a PSYCHOPATH who has lost any sensitivity to violence. I think it runs in the family. Oh, did you hear about the bloody cricket bat and the blunt force trauma wound to the girl's head? There are all sorts of people with disabilities out there who deal with it every day and they don't go around killing others when they here something they don't like.

            • 3 votes
            Reply#314 - Sat Feb 23, 2013 2:43 AM EST
            Comment author avatarJanet Saundervia Facebook

            First, how could anyone know the door was locked? It would only be his word for it. And why would it matter, as he didnt say that he tried to open the door, and found it locked, before shooting.

            More importantly, no one has mentioned that Reeva was wearing her clothes, not sleep attire when she was killed. This suggests that she would have been planning on leaving the house. Males kill their significant others over much less.

              Reply#315 - Sat Feb 23, 2013 8:06 AM EST
              Comment author avatarJanet Saundervia Facebook

              To clarify: no one has mentioned the FACT that Reeva was killed while wearing her street clothes, as opposed to sleep attire.

                Reply#316 - Sat Feb 23, 2013 8:08 AM EST
                Comment author avatarJanet Saundervia Facebook

                All of you who are mentioning that the victim was a "girl," "beautiful," and "young " need to stop your misogyny. You are attacking her even after she's dead? Youre equating her with a child (you dont call the shooter a boy, do you?), and you're equating her value as a human being with her age and her apparent appearance. You degrade human life and you particularly degrade women. Is it less of a tragedy to kill a woman who looks differently than someone who is paid to model? Is that your point? Shut up with your hate speech, and shut up now.

                  Reply#317 - Sat Feb 23, 2013 8:18 AM EST

                  Calling a woman beautiful and young is misogynistic? It's "attacking" her to compliment her?? You hate men don't you?

                    #317.1 - Sat Feb 23, 2013 9:03 AM EST

                    All of you who are mentioning that the victim was a "girl," "beautiful," and "young " need to stop your misogyny.

                    Signed; Rosie O'Donnell

                    • 1 vote
                    #317.2 - Mon Feb 25, 2013 1:02 PM EST
                    Reply

                    I haven't got a doubt in the world this guy murdered his girlfriend! I do NOT think it was premeditated in any way, I think he killed her in a fit of anger and rage during an argument and that he is in a great deal of pain and regret.. However, his 'regret and sorrow' do not bring her back and he sure as hell deserves to go to prison for a long, long time..

                    Letting him out on bail is probably a mistake right now.. I think he may be severely depressed and might end up taking his own life.. They should have kept him in jail under a suicide watch.. I would not be surprised to read next that he killed himself..

                      Reply#318 - Sat Feb 23, 2013 10:59 AM EST

                      It probably happened along these lines. I suspect she said something that really T'd him off. He probably was not being used to being in a situation like the one he was in, emotionally he couldn't control himself at the thought he was either being used or it was falling apart. His natural tendency towards rage and violence, lack of self control and his comfortablness with guns created a toxic situation where he comitted murder.

                      Was it premeditated? I think it was. Premeditation doesn't need to happen over any longer timespan than a few minutes. If he in a moment flies into a rage and in another moment concocts a plan to kill, then that is premeditation.

                        #318.1 - Sat Feb 23, 2013 2:49 PM EST

                        I suspect she said something that really T'd him off.

                        "I'm going to take a dump."

                        He probably was not being used to being in a situation like the one he was in

                        The revelation women do that is understandable.

                        he couldn't control himself at the thought he was either being used or it was falling apart. His natural tendency towards rage and violence, lack of self control

                        Could have used an empty beer bottle or just off the balcony.

                        his comfortablness with guns

                        and cricket bats.

                        • 1 vote
                        #318.2 - Mon Feb 25, 2013 1:09 PM EST
                        Reply

                        Seems to me he's use to getting away with other things in his life. Didn't the Olympic committee test this guy for drugs and steroid use ?? They found this stuff in his home !! No wonder he was able to compete at the level he did and maybe they turned a blind eye to it ?? .. I think there's another story to be told here !!!!

                          Reply#319 - Sat Feb 23, 2013 1:05 PM EST
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