If someone breaks into your home and locks himself in the bathroom, you simply call the police, tell the intruder you are armed and will shoot, then wait for the police. If they go out the window before the police come, you have lost nothing. If it had happened to me, finding out where my loved one was would be the first thing I would do. Shooting would be the last and I would have to be under attack.

Pistorius doesn't have a leg to stand on.....

Pistorius doesn't have a leg to stand on.....

Yeah.
We knew that.

GROOOOOOOOOOOOOOOOOOAN ~ please lie and tell me that was unintentional ~

Sooz

I haven't posted in a while. I'll get better.

Prosecution's Case Unraveling?

The Guardian (U.K.) - Wednesday, February 20, 2013

Oscar Pistorius case police admit investigative blunders

Detective gives uncertain performance under cross-examination at Paralympic and Olympic sprinter's bail hearing

By David Smith in Pretoria

The prosecution case against the Olympics and Paralympics star Oscar Pistorius suffered a blow on Wednesday as South African police admitted a series of blunders in their murder investigation.

Hilton Botha, the detective leading the investigation, crumbled under defence cross-examination after he wrongly claimed to have found boxes of "testosterone" in Pistorius's bedroom and admitted that police had no evidence contradicting the athlete's version of events.

The double-amputee, known as the Blade Runner, has admitted shooting dead his girlfriend, Reeva Steenkamp, 29, while she was in the bathroom of his home on 14 February, but claims he mistook her for an intruder. He denies a charge of premeditated murder.

Sitting in the dock at Pretoria magistrates court for his bail hearing, Pistorius looked more calm and composed than at any point so far, while the smiles on his family's faces suggested that they felt momentum was shifting his way.

The lead protagonist in another day of drama was chief investigating officer Botha, who initially asserted that he had found two boxes of "steroids" in Pistorius's bedroom, electrifying the courtroom. But he hastily corrected himself to say "two boxes of testosterone, needles and injections".

Later, questioned by advocate Barry Roux for the defence, Botha had to admit he could not be certain of the contents. Roux said it was a "herbal remedy" called testo-compositum co-enzyme used by many athletes, insisting: "It is not a steroid and it is not a banned substance."

The state prosecutor's office later said there was an error in the detective's testimony when he identified the substance as testosterone. Medupe Simasiku, a spokesman for South Africa's national prosecution agency, said it was too early to identify the substance as it is still undergoing laboratory tests.

Roux piled on the pressure on Botha after he told the court that one of his witnesses heard a fight – "two people talking loudly at each other" – between 2am and 3am on 14 February.

Questioned by Roux, he conceded the witness had not identified the voices as belonging to Pistorius and Steenkamp – and lived 600 metres away in a gated community. There was a collective murmur from Pistorius's family. Botha later changed his estimate to 300 metres when questioned by the prosecution.

Botha acknowledged that Pistorius's legal team had also found a spent bullet cartridge in the toilet bowl in the bathroom that his officers had not. He also confronted Botha, saying: "You were in the house walking with unprotected shoes. That should not happen." Botha conceded that it should not.

Botha said police found two iPhones in the bathroom and two BlackBerrys in the bedroom, adding that none had been used to phone for help after the shooting. But Roux claimed the defence team had another phone in its possession that the police had failed to request. "Why did you not come to us and ask for Pistorius's cellphone number?" he asked.

Roux also took him to task for failing to check Pistorius's claim that he phoned the Netcare hospital at 3.20am.

Botha said ammunition for a .38-calibre weapon had been found at the house but Pistorius did not hold a licence for it. "Did you take steps to find out who the owner of the ammunition was?" Roux asked. Botha replied: "No, I didn't." He also acknowledged that his investigators did not take photographs of the ammunition and allowed Pistorius's friends at the scene to take the cartridges away.

Wilting under pressure, Botha conceded that he had initially said there would be "no problem" with Pistorius receiving bail but changed his mind after talking to forensics about "how it went down".

Yet asked repeatedly by Roux if he found anything at the scene inconsistent with the account presented by Pistorius in court on Tuesday, Botha confessed that he had not. Nor did he have any evidence to suggest the couple were not in love. Police "take every piece of evidence and try to extract the most possibly negative connotation and present it to the court", Roux said.

The criticism continued at the end of his testimony, when magistrate Desmond Nair noted that Botha was opposed to Pistorius receiving bail on the grounds that he was a "flight risk". Nair said the accused was an international Paralympic athlete who uses prosthetic legs and whose face is internationally recognised.

"Do you subjectively believe he would take the opportunity, on prostheses as he is, known as he is, to flee South Africa if he was granted bail?" Nair asked.

Botha, who has 24 years' experience as a police officer and 16 as a detective, replied: "Yes."

That was met by an outburst of laughter in court, where the mood has mostly been tense and sombre.

The magistrate pressed: "And if he were to flee, he may opt for a country with no extradition agreement with South Africa?"

"It's possible, that's all I can say," the detective replied.

Pistorius, 26, had said in an affidavit read in court on Tuesday that he and his girlfriend had gone to bed on 13 February and that when he awoke in the early hours of the morning he detected what he thought was an intruder in the bathroom.

He testified that he grabbed his 9mm pistol and fired into the door of a toilet enclosed in the bathroom, only to discover later that Steenkamp was there, mortally wounded.

As on previous days, Pistorius looked vulnerable in the dock, struggling and sometimes failing to hold back tears. As the prosecution ran through its case against him, he sobbed.

The court was again congested with criminologists, journalists and legal officials. A sketch artist, Jaco Van Vuuren, could be seen drawing Pistorius's face.

The prosecution argued that the couple had a shouting match, that Steenkamp fled and locked herself into the toilet and that Pistorius fired four shots through the door, hitting her with three bullets.

"I believe that he knew that Reeva was in the bathroom and he shot four shots through the door," said Botha, adding that the angle at which the rounds were fired suggested they were aimed deliberately at somebody who was on the toilet.

One point of dispute is whether Pistorius was wearing his prosthetic legs when he shot through the bathroom door. In his statement on Tuesday, the athlete said he was on his stumps and feeling vulnerable when he opened fire.

But the prosecution has claimed the killing was premeditated because Pistorius took time to put on his prosthetic legs first. Botha supported this view, saying the trajectory of the bullets through the door showed the gun was fired from a height. "It seems to me it was fired down," he said.

Prosecutor Gerrie Nel projected a plan of the bedroom and bathroom on to a white screen in the court and argued Pistorius had to walk past his bed to get to the bathroom and could not have done so without realising Steenkamp was not in the bed. "There's no other way of getting there," Nel said.

Botha said the holster for the 9mm pistol was found under the side of the bed on which Steenkamp slept, also implying it would have been impossible for Pistorius to get the gun without realising that Steenkamp was not in the bed and could have been the person in the bathroom. Pistorius has claimed that the bedroom was pitch dark.

Botha cited another witness who claimed to have heard "two-to-three shots", seen Pistorius's lights on, then 17 minutes later heard another "two-to-three shots." He said: "We have the statement of a person who said after he heard gunshots, he went to his balcony and saw the light was on. Then he heard a female screaming, then more gunshots." Roux again contested the claim.

Botha said Steenkamp was shot in the head over her right ear and in her right elbow and hip, with both joints broken by the impacts. The shots were fired from 1.5 metres, he added, and police found three spent cartridges in the bathroom and one in the hallway connecting the bathroom to the bedroom.

Officers found the victim downstairs covered in towels and wearing white shorts and a black top. The detective said that all Pistorius would say after the shooting was "he thought it was a burglar".

Guards at the gated community where Pistorius lives did call the athlete, Botha said. The detective said that all the athlete said was: "I'm all right," before crying. "Was it part of his premeditated plan, not to switch off the phone and cry?" Roux asked sarcastically.

But the prosecution did land some blows on the athlete's character. Botha claimed that Pistorius was involved in another shooting at a restaurant in Johannesburg in January and, aware of the media storm that would ensure, asked the gun owner to "take the rap" for the incident, which he did.

Botha told the court of a further incident at a racetrack where Pistorius allegedly threatened to "fuck up" a man during a row over a woman.

As the day wore on, Pistorius's brother Carl moved to the front desks and sat beside the defence team. At one point he turned to Pistorius and smiled.

Carl said later: "I feel like the court proceedings went well today. We trust that everyone has more clarity about this tragic incident."

Kenny Oldwage, Pistorius's lawyer, added: "We're very pleased with today."

The hearing was adjourned to Thursday morning when a decision over bail might be made.

21 February 2013 Last updated at 07:46 ET
Oscar Pistorius detective on attempted murder charges

The South African detective leading the Oscar Pistorius inquiry is facing seven charges of attempted murder, police have confirmed.

Detective Hilton Botha, who has faced fierce questioning at Mr Pistorius's bail hearing, was allegedly involved in a shooting two years ago.

Mr Pistorius, a Paralympic champion, denies the premeditated murder of his girlfriend Reeva Steenkamp, 29.

His bail hearing is now under way for a third day in Pretoria.

The defence argued again that the premeditated murder charge should be altered.

Separately, sports giant Nike has confirmed it has suspended its contract with Oscar Pistorius.

Reinstated charges

Police spokesman Neville Malila said that Det Botha and two other officers were due to appear in court in May.

Mr Malila said it was alleged that while driving a state-owned vehicle the three had opened fire on a minibus taxi loaded with passengers.

The three were arrested in 2011, Eyewitness News says, citing police.

Mr Malila said the charges against Det Botha had originally been dropped but were reinstated.

It is unclear when this took place or whether Det Botha will continue working on the case in the long run.

Medupe Simasiku, a spokesman for the Pistorius prosecutors, told Associated Press they were unaware of the charges and would now investigate whether the detective should remain.

The BBC's Peter Biles in Pretoria says the police statement concerning Det Botha is an extraordinary turn of events.

Mr Pistorius says he shot Ms Steenkamp in the bathroom of his home after mistaking her for an intruder.

If denied bail, Mr Pistorius could face months in prison before a full trial begins.

'Disastrous shortcomings'

Thursday's proceedings began with prosecutor Gerrie Nel confirming to the court that Det Botha was facing seven attempted murder charges.

Det Botha was not initially in court and Magistrate Desmond Nair had to ask for him to be found.

After a short break, Det Botha was brought in and was questioned about telephone records from the night of the shooting, evidence of violence in Mr Pistorius's past and the extent of the flight risk.

Lead defence counsel Barry Roux then addressed the court and called for the charge to be listed as "schedule 5", not the current "schedule 6", which is one of premeditated murder.

The defence team would have to prove extenuating circumstances to justify granting bail if schedule 6 remains.

Mr Roux said: "The poor quality of the evidence offered by investigative officer Botha exposed the disastrous shortcomings of the state's case."

He said the fact that Mr Pistorius had carried Ms Steenkamp downstairs showed he was desperate to save her life.

Mr Roux also referred to witnesses the prosecution said had heard rows between Mr Pistorius and Ms Steenkamp that evening, saying they were too far away and that the state argument was misleading and desperate.

Mr Roux said this was a strong, loving relationship and that there was no motive to kill.

The defence has now concluded its arguments and the prosecution will present its case.

Mr Roux told the BBC's Andrew Harding, who is in the courtroom, that a bail decision might not come until Friday.

Correspondents say Det Botha's evidence on Wednesday appeared first to boost the prosecution's case and then offer the defence a hope of winning the argument.

Det Botha told the court that the trajectory of gunshots through the bathroom door indicated that Mr Pistorius, a double amputee, was wearing his prosthetic legs and shot downwards through the door.

This contradicted an earlier account given by Mr Pistorius, who said he was walking on his stumps and grabbed his gun because he felt vulnerable when he thought an intruder had entered.

But Det Botha also amended his testimony on the proximity of the witness who he said had heard arguments.

Det Botha said police had lost track of ammunition found inside the house and was also accused of not wearing protective clothing at the crime scene.

The defence also countered police suggestions that testosterone and needles had been found in Mr Pistorius's bedroom, arguing instead that the substance was a herbal remedy, called Testocompasutium co-enzyme.

The Pistorius family issued a statement saying they were "satisfied with the outcome" of Wednesday's proceedings.

Oscar Pistorius won gold medals at the 2004 Paralympic Games in Athens, in Beijing in 2008 and London in 2012.

In London he made history by becoming the first double-amputee to run in the Olympics, making the semi-final of the 400m.

http://www.bbc.co.uk/news/world-africa-21528631#

I believe that it is a board rule to post links to all articles in order to avoid potential plagiarism allegations/charges.

Oskar, Oskar! Link to Guardian is on top of Sci-Fi's post.

Image The Guardian (U.K.) - Wednesday, February 20, 2013

You didn't put that lock on your fridge, eh?

Oskar, Oskar! Link to Guardian is on top of Sci-Fi's post.
Ah, hadn't realised that was a link.
Apologies.

You didn't put that lock on your fridge, eh?
Nah. Drank the beer instead.

Yes, my links are there. By the way, speaking of charges, (ahem) it's also against the law to post entire articles (as is being done here on this board). The copyright laws allow you to copy selected sections (i.e., a paragraph or two) for discussion purposes, but not entire works. Just saying...

---

CBS News - Thursday, February 21, 2013

Lead Oscar Pistorius investigator himself facing attempted murder charges

PRETORIA, South Africa Prosecutors reinstated attempted murder charges against a policeman leading the murder investigation into world-famous athlete Oscar Pistorius, in the latest twist in a case that has captivated South Africa and threatens to bring down a national idol.

The announcement that detective Hilton Botha faces reinstated charges in connection with a 2011 shooting incident came a day after he testified for the prosecution in Pistorius' bail hearing, and by all accounts bungled his appearance. He acknowledged Wednesday that nothing in Pistorius' account of the fatal Valentine's Day shooting of his girlfriend contradicted what police had discovered.

The spokeswoman for the nation's prosecutors urged that Botha be removed from the Pistorius case.

[...]

Botha, the lead investigator, conceded Wednesday that police had left a 9 mm slug in the toilet where Steenkamp died, had lost track of illegal ammunition found in the home and that Botha himself had walked through the scene without protective shoe covers, possibly contaminating the area.

Botha's often confused testimony left prosecutors rubbing their heads in frustration as he misjudged distances and said testosterone -- banned for professional athletes in some cases -- was found at the scene, only to be later contradicted by the prosecutor's office.

[...]

Bulewa Makeke, spokeswoman for South Africa's National Prosecuting Authority, acknowledged Thursday that the timing of the attempted murder charges against Botha is "totally weird" but said Botha should be dropped from the case against the world-famous athlete.

However, Makeke said the charges against Botha were reinstated on Feb. 4, before his testimony Wednesday and even before Steenkamp was killed. Police said they were notified Wednesday of the reinstated charges which stem from a 2011 shooting incident in which Botha and two other officers allegedly fired at a minibus.

Makeke indicated the charge was 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. But then, obviously the investigation continued up to the fourth (of) February and the senior public prosecutor was in a position to make a decision to reinstate the case."

[...]

Earlier Thursday, Nair questioned Botha over delays in processing records from phones found in Pistorius' house following the killing of Steenkamp, a 29-year-old model and budding reality TV contestant.

"It seems to me like there was a lack of urgency," Nair said as the efficiency of the police investigation was again questioned after Botha conceded to the string of blunders on the second day of the hearing.

They did not discuss anything relating to the attempted murder charges against Botha and if he should continue on the case. Police say that Botha and two other police officers fired at a minibus they were trying to stop, and will appear in court in May to face seven counts of attempted murder.

[...]

"The poor quality of the evidence offered by investigative officer Botha exposed the disastrous shortcomings of the state's case," Roux said Thursday. "We cannot sit back and take comfort that he is telling the truth."

Roux also raised issue of intent, saying the killing was not "pre-planned" and referred to a "loving relationship" between the two.

He said an autopsy showed that Steenkamp's bladder was empty, suggesting she had gone to use the toilet as Pistorius had claimed. Prosecutors claim Steenkamp had fled to the toilet to avoid an enraged Pistorius.

"The known forensics is consistent" with Pistorius' statement, Roux said. The lawyer said the evidence does not even show Pistorius committed a murder.

Botha also testified earlier Thursday that he had investigated a 2009 complaint against Pistorius by a woman who claimed the athlete had assaulted her. He said that Pistorius had not hurt her and that the woman had actually injured herself when she kicked a door at Pistorius' home.

Botha was only questioned for 15 minutes before he was excused by Nair, but South Africa's prosecutinhttp://www.nbcnews.com/favicon.icog authority and the police still had to make a decision over whether the 24-year police veteran would be removed from the investigation because of the charges against him.

In summing up the defense argument in the bail hearing, Roux asked that bail restrictions be eased for Pistorius, who then began crying softly.

---

NBC News - Thursday, February 21, 2013

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

By Rohit Kachroo and Alastair Jamieson, NBC News

PRETORIA, South Africa -- Oscar Pistorius' bail hearing descended into chaos Thursday as the lead detective investigating the killing of the Olympian's girlfriend was removed from the case amid attempted murder charges of his own.

Warrant Officer Hilton Botha is due to appear in court in May accused of opening fire on a minibus taxi in 2011. Charges against him were originally withdrawn but reinstated on Wednesday at the behest of the state prosecutor, police spokesman Brigadier Neville Malila told Reuters.

The revelation, combined with Botha’s struggle to answer key questions under cross-examination on Wednesday, boosted the confidence of Pistorius’ defense lawyers and his family.

[...]

By the way, speaking of charges, it's also against the law to post entire articles (as is being done here on this board).

First I hear of it.
References?

It's called the "Fair Use" doctrine.

References?

Rather less clear cut than you suggest, methinks.
http://www.copyright.gov/fls/fl102.html

If you see it as illegal, SciFi, why are you doing it? ~ "fair use" calls for appropriate credit being given to the originating source ~ there's a very strong argument to be made that that's what full links provide ~ there's also a very strong argument to be made that originating sources offering "share" buttons are inviting readers to "share" ~ different schools of thought, equally persuasive ~

Sooz

Sci-fi, is it still about Pistorius or are we already discussing Botha's trial?

I think he's guilty of murder..not premeditated but I do think he is a hot head and lost it.

Nothing like changing the subject in the middle of a discussion.

I'M not the one who brought up copyright laws smack in the middle of a discussion. Once again, it was smartass Oskar trying to say something cute, but which fell on its face as usual. If you all want to discuss copyright laws, then please spin-off a new thread so as to not disrupt this topic. Thank you.

It's about the whole story. Certainly the removing of Botha -- the lead investigator -- from the case, and the reasons why, needs to be mentioned as he testified in the Pistorius bail hearing.

SciFi, oskar made a valid comment, was corrected, and apologized ~ it was over until you felt compelled to reraise the issue "smack in the middle of a discussion" ~ you also raised the ante by calling him a "smartass" ~ please let it go so that the thread can go back ontrack ~

Sooz

I'm not surprised by this, especially given the incompetence of the police ~ but something we really haven't explored is what role Pistorius' celebrity and "national hero" status plays in this ~ and the last sentence below is a zinger for me ~ Sooz

Paralympic icon Pistorius granted bail by South African magistrate
By Agence France-Presse
Friday, February 22, 2013 10:50 EST

PRETORIA – Paralympic icon Oscar Pistorius was granted bail by a South African magistrate on Friday, pending a high-profile trial for killing his girlfriend Reeva Steenkamp.

Pretoria magistrate Desmond Nair ruled Pistorius was not a flight risk and does not pose a danger to society after an emotionally charged four-day bail hearing.

“I come to the conclusion that the accused has made a case to be released on bail,” Nair said to cries of “yes!” from Pistorius’s family and supporters.

“The issue is not guilt, but where the interests of justice lie,” Nair said.

As the lengthy ruling was read the 26-year-old stood in the dock weeping and quivering.

The athlete was escorted to the holding area sobbing uncontrollably. He is expected to be released later Friday.

His arrest on February 14 shocked the world and gripped South Africa, where he is still considered a national hero after becoming the first double amputee to compete in the Olympics.

Pistorius has since spent more than a week at a Pretoria police station charged with the premeditated Valentine’s Day killing of Steenkamp, a model and law graduate.

If found guilty he faces a possible life sentence.

He denies the charge, saying that he shot 29-year-old Steenkamp repeatedly through a locked bathroom door in the dead of night by accident, having mistaken her for a burglar.

Steenkamp was found by medics in the early hours of Thursday last week at Pistorius’s luxury Pretoria home covered in bloodied towels, with bullet wounds to her head, elbow and hip. She was pronounced dead on the scene.

His family were overjoyed at the magistrate’s ruling, which his lawyer praised.

“I think it’s a fair decision to grant bail,” said Barry Roux.

Experts said the case would now be fast-tracked through the courts.

“This is probably going to get priority and will probably take about six months to go to trial,” said Stephen Tuson, a criminal law professor at the University of Witwatersrand.

“It’s a high profile matter.”

It was not immediately clear where Pistorius would go, but he will not return to the Pretoria estate where Steenkamp was killed.

“He doesn’t want to go back to the house,” said Roux.

Pistorius often cut a sorry figure sitting alone in the dock, having lost weight and often breaking into sobs.

The bail proceedings offered more than a glimmer of what is to come, with so many details about Steenkamp’s last hours that it sometimes appeared to be a mini-trial.

The prosecution saw its evidence repeatedly picked apart.

Serious doubt was cast on the work of Hilton Botha, the detective who initially investigated the case.

He bumbled through testimony, admitted he may have contaminated the crime scene and appeared to undermine the police’s own witnesses.

Botha himself was forced to admit that Pistorius’s claims were “consistent” with the crime scene and that his police work was not adequate.

“I’m sure it could have been handled better,” he told the court.

The magistrate agreed, saying the detective blundered.

“Botha indeed made several errors and concessions during cross-examination.”

In a dramatic twist South African police unceremoniously turfed Botha off the case after it emerged he faces seven attempted murder charges for having opened fire on a minibus in 2011.

The prosecution will now have a few short months to regroup and try and put the case back on track.

Embarrassed by proceedings that sometimes seemed to put the South African authorities in the dock, the country’s most senior detective Lieutenant General Vineshkumar Moonoo will now lead the case.

But the prosecution will be buoyed by apparent gaps in Pistorius’s account of events.

“He fired four shots, not one. He meant to kill. On his own version, he’s bound to be convicted,” said top prosecutor Gerrie Nel.

“He hasn’t said so, but he must think that conviction is likely. He must realise that a long term of imprisonment is almost guaranteed,” he told the court.

In arguing against bail, Nel said Pistorius had the money, means and motive to flee his native South Africa.

“Lots of people have escaped bail. Lots of famous people,” he said.

And just hours before the magistrate’s decision, Pistorius’s top lawyer appeared to admit the star sprinter could be convicted on charges of homicide.

“We can never ever say that he acted in self-defence,” chief defence counsel Barry Roux told the court

“He is exposed to be convicted of culpable homicide.”

That charge, which entails negligence rather than murderous intent, could carry a sentence of up to 15 years in prison, or in some instances release and a warning.

http://www.rawstory.com/rs/2013/02/22/paralympic-icon-pistorius-granted-bail-by-south-african-magistrate/

I AM a "smartass".
And it certainly beats being a "dumbass".

Or just an "ass".

I sincerely hope everyone is now ready to move on and get back on-topic ~

Sooz

Hey!
I represent that remark.