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| Olympic athlete Oscar Pistorius stands during his bail hearing at the magistrate court in Pretoria, South Africa, Thursday, Feb. 21, 2013. The lead investigator in the murder case against Pistorius faces attempted murder charges himself over a 2011 shooting, police said Thursday in another potentially damaging blow to the prosecution. Prosecutors said they were unaware of the charges against veteran detective Hilton Botha when they put him on the stand in court to explain why Pistorius should not be given bail in the Valentine's Day shooting death of his girlfriend. |
PRETORIA, South Africa (AP) -- South African police appointed a new chief investigator Thursday in the Oscar Pistorius murder case, replacing a veteran detective after unsettling revelations that the officer was charged with seven counts of attempted murder.
The
sensational twist in the state's troubled investigation fueled growing
public fascination with the case against the double-amputee Olympian,
who is charged with premeditated murder in the Valentine's Day slaying
of his girlfriend, Reeva Steenkamp.
Pistorius,
a sporting icon and source of inspiration to millions until the
shooting last week, is backed by a high-powered team of lawyers and
publicists. The abruptness of his fall, and its gruesome circumstances,
have gripped a global audience and put South Africa's police and
judicial system under the spotlight.
The man
at the center of the storm sat in the dock during his bail hearing,
mostly keeping his composure in contrast to slumped-over outbursts of
weeping on previous days in court. In front of Pistorius, defense lawyer
Barry Roux pounced on the apparent disarray in the state's case, laying
out arguments that amounted to a test run for the full trial yet to
come.
Roux pointed to what he called the "poor
quality" of the state's investigation and raised the matter of intent,
saying Pistorius and Steenkamp had a "loving relationship" and the
athlete had no motive to plan her killing.
Pistorius,
26, says he mistook Steenkamp for an intruder when he shot her through a
locked bathroom door in his home. Prosecutors believe the shooting
happened after the couple got into an argument, and prosecutor Gerrie
Nel painted a picture of a man he said was "willing and ready to fire
and kill."
Much of the drama Thursday,
however, happened outside the courtroom as South African police
scrambled to get their investigation on track.
In
a news conference at a training academy, National Police Commissioner
Riah Phiyega said a senior detective would gather a team of "highly
skilled and experienced" officers to investigate the killing of
29-year-old Steenkamp, a model and budding reality TV contestant.
The
decision to put police Lt. Gen. Vinesh Moonoo in charge came soon after
word emerged that the initial chief investigator, Hilton Botha, is
facing attempted murder charges, and a day after he offered testimony
damaging to the prosecution.
Botha
acknowledged Wednesday in court that nothing in Pistorius' version of
the fatal shooting contradicted
what police had discovered, even though
there have been some discrepancies. Botha also said that police left a 9
mm slug in the toilet and lost track of allegedly illegal ammunition
found in Pistorius' home.
"This matter shall
receive attention at the national level," Phiyega told reporters after
testimony ended in the third day of Pistorius' bail hearing.
Bulewa
Makeke, spokeswoman for South Africa's National Prosecuting Authority,
said the attempted murder charges had been reinstated against Botha on
Feb. 4. Police say they found out about it after Botha
testified in
Pistorius' bail hearing Wednesday.
Botha and
two other police officers had seven counts of attempted murder
reinstated against them in
connection with a 2011 shooting incident in
which they allegedly fired shots at a minibus they were trying to stop.
Makeke
indicated the charges were reinstated because more evidence had been
gathered. She said the charge against Botha was initially dropped
"because there was not enough evidence at the time."
Pistorius'
main sponsor, Nike, meanwhile, suspended its contract with the multiple
Paralympic champion, following eyewear manufacturer Oakley's decision
to suspend its sponsorship. Nike said in a statement on its website: "We
believe Oscar Pistorius should be afforded due process and we will
continue to monitor the situation closely."
On
Thursday, Chief Magistrate Desmond Nair asked the defense regarding
Pistorius' bail application: "Do you think there will be some level of
shock if the accused is released?"
Defense lawyer Roux responded: "I think there will be a level of shock in this country if he is not released."
Prosecutor Nel suggested signs of remorse from Pistorius had nothing to do with whether he planned to kill his girlfriend.
"Even
if you plan a murder, you plan a murder and shoot. If you fire the
shot, you have remorse. Remorse might kick in immediately," Nel said.
As
Nel summed up the prosecution's case opposing bail, Pistorius began to
weep in the crowded courtroom, leading his brother, Carl Pistorius, to
reach out and touch his back.
"He (Pistorius)
wants to continue with his life like this never happened," Nel went on,
prompting Pistorius, who was crying softly, to shake his head.
"The reason you fire four shots is to kill," Nel persisted.
Earlier
Thursday, Nair questioned Botha over delays in processing records from
phones found in Pistorius' house following the slaying.
"It seems to me like there was a lack of urgency," the magistrate said.
Botha
is to appear in court in May to face seven counts of attempted murder
in connection with the minibus shooting incident. He has been quoted in
the South African media as denying allegations he was drunk at the time,
saying he and the other officers were trying to stop the vehicle and
didn't know there were people inside.
While
Botha has been dropped from the Pistorius investigation, he has not been
suspended from the police force, Phiyega said, and could still be
called by defense lawyers at trial.
Pistorius,
wearing the same gray suit, blue shirt and gray tie combination he has
worn throughout the bail hearing, stood ramrod straight in the dock,
then sat calmly looking at his hands.
Roux
said an autopsy showed that Steenkamp's bladder was empty, suggesting
she had gone to the bathroom to use the toilet, rather than fled there
to escape an enraged Pistorius, as prosecutors contend.
"The known forensics is consistent" with Pistorius' statement, Roux said, asking that bail restrictions be eased for his client.
But
the prosecutor said Pistorius hadn't given guarantees to the court that
he wouldn't leave the country if he was facing a life sentence. Nel
also stressed that Pistorius shouldn't be given special treatment.
"`I
am Oscar Pistorius. I am a world-renowned athlete.' Is that a special
circumstance? No," Nel said. "His version (of the killing) is
improbable."
Nel said the court should focus on the "murder of the defenseless woman."
Botha
testified Thursday that he investigated a 2009 complaint against
Pistorius by a woman who said the athlete assaulted her. However,
Pistorius did not hurt the woman, who in fact injured herself when she
kicked a door at Pistorius' home, Botha said.
