Friday, August 8, 2014

Oscar: Masipa sets deadline for closing arguments


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(Werner Beukes, Sapa)

Pretoria –  Judge Thokozile Masipa told prosecutor Gerrie Nel and defence lawyer Barry Roux that they had only until the end of Friday to complete their final arguments in court.

Masipa will decide if Paralympian Oscar Pistorius committed murder, is guilty of a negligent killing when he shot girlfriend Reeva Steenkamp dead, or if he made a tragic error and should be acquitted. The runner also would be sent to prison for years if guilty of murder without premeditation or culpable homicide.

"Unless, of course, you want to work on a Saturday and perhaps Sunday, after church," she told the court, smiling.

Roux began his final arguments before Masipa postponed proceedings until Friday for the defence to finish. Masipa will then adjourn the trial to deliberate with two legal assistants on a verdict, with Pistorius facing 25 years to life in prison if convicted on the main charge of premeditated murder.

Roux noted that some of the evidence at the scene, which Nel referred to, had been moved around by investigators.

"We're not talking about a conspiracy," Roux said, calling it unintentional tampering. Roux also noted that Hilton Botha, the former chief investigating officer in the case, had acknowledged mistakes in police procedure but was not called by the state as a trial witness.

Earlier Nel said in closing arguments that the athlete repeatedly lied during testimony in a crude attempt to defend against a murder charge for killing Steenkamp.

Nel cited flaws in the defence, saying the Olympian's legal team floated more than one theory about what happened on the night that Pistorius shot Steenkamp through a closed toilet door in his home.

Pistorius remains calm

Defence lawyers had argued that Pistorius fired in self-defence, fearing an intruder, Nel said, but they also raised the possibility that he was not criminally responsible and accidentally shot because he was "startled."

"It's two defences that you can never reconcile," Nel said as Pistorius sat behind him in the dock, occasionally flicking through documents.

The once-celebrated double-amputee athlete appeared calm, in contrast to some past occasions during which he retched and wailed in apparent distress.

The prosecution has argued that Pistorius intentionally shot Steenkamp before dawn on 14 February 2013 after a quarrel, and argued he knew she was in the bathroom.

Nel ended his closing argument by saying Pistorius was guilty of premeditated murder because he then "made up his mind" to find his gun, walk through to the bathroom and shoot.

"That, My Lady, is pre-planning," Nel said to the judge.

Yet Nel said Pistorius should still be convicted of murder even if the court accepts he did not know it was Steenkamp in the toilet cubicle, arguing the athlete intentionally shot at and killed a person with no reason to believe his life was under threat.

As Nel spoke for hours Roux listened and checked files. Nel was occasionally questioned by Masipa and urged to speed up elaborations on written arguments of more than 100 pages that were submitted to the court last week.

Family in court

The fathers of the Olympic runner and Steenkamp, a model and television personality, were in court for the first time since the trial began in early March. They sat at opposite ends of a long bench in the gallery. Pistorius is said to be estranged from his father, Henke, and Steenkamp's father, Barry, has been ill.

Pistorius's older brother Carl, who has regularly attended court sessions, was in an intensive care unit in hospital and was on a ventilator because of injuries suffered in a serious car crash last week, the Pistorius family said in a statement.

In addition to the murder charge, Pistorius faces three separate gun-related charges. He has pleaded not guilty to all charges.

According to Nel, Pistorius was vague in allegations that police had possibly tampered with evidence around the scene of the shooting, including fans and a bedcover strewn on the floor of his bedroom. It was also improbable that the athlete, in his version, rushed with his gun to investigate a purported sound in the bathroom without first trying to talk to Steenkamp and confirm that she was safe, the prosecutor said.

"We cannot argue that he was the worst witness ever, that honour belongs to someone else," said the prosecution's written argument. "The accused was, however, demonstrably one of the worst witnesses ever encountered."

The prosecution said Pistorius also "used well-calculated and rehearsed emotional outbursts to deflect the attention and avoid having to answer questions."

A psychologist who examined Pistorius during a court-ordered observation period concluded that the athlete had become severely traumatized since the killing and could become an increasing suicide risk unless he continues to get mental health care.

Wednesday, August 6, 2014

Oscar case draws to a close


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(Picture: AFP)

The murder trial of Paralympian Oscar Pistorius will enter its last stages on Thursday when closing arguments will be presented in the North Gauteng High Court in Pretoria.

During cross-examination, the athlete took the blame for the death of his girlfriend Reeva Steenkamp: "I blame myself for taking Reeva's life".

On 8 July, Judge Thokozile Masipa ruled that no heads of argument could be published in print or electronic media until the commencement of the arguments in court.

Prosecutor Gerrie Nel accused Pistorius of killing Steenkamp "in cold blood".

Nel said the court should find that Pistorius's account of the shooting on Valentine's Day last year was "so improbable that it could not reasonably, possibly be true".

"She was locked into the bathroom and you armed yourself with the sole purpose of shooting and killing her. That is what you did," Nel said.

Nel said neighbours, who testified that they heard blood-curdling screams, in fact heard Steenkamp's cries when she tried to "escape" from Pistorius.

Pistorius testified that he was the one who was screaming as he tried to break down the toilet door, trying to reach Steenkamp after the shooting.

Advocate Barry Roux for Pistorius, told the court that decibel tests were done on the athlete to prove that he screams like woman when he is anxious.

During the trial, Nel accused Pistorius of faking emotional distress on the witness stand because he knew his version of why he shot and killed Steenkamp did not hold water.

Pistorius protested that he had become emotional because he was recalling a traumatic event.

Pistorius's defence also threw their share of blows to the State's case.

Compromising evidence

Roux accused a former police officer of using his testimony to spare the State the embarrassment of calling to the stand a colleague who had compromised evidence.

"You allowed yourself to give evidence that was designed to take the place of Mr Botha," Roux said to former police colonel Giliam van Rensburg during cross-examination.

He was referring to Hilton Botha, the investigator who was dropped from the high-profile case last year after he admitted to contaminating the scene.

Roux also questioned Van Rensburg on the reliability of photos taken at the crime scene and asked if they could be relied on.

Roux said there were contradictions in evidence submitted by radiologist Johan Stipp, who was one of the first people to arrive on the scene.

He accused witnesses of tailoring their evidence.

Pistorius underwent a month-long psychiatric evaluation at Weskoppies Psychiatric Hospital, after which the court heard he did not suffer from general anxiety disorder.

The State closed its case on 25 March after it called 21 of the 107 witnesses on its witness list.

The witnesses included Pistorius's neighbours, a security guard at his estate, the pathologist, ballistics expert, cellphone expert, Pistorius's ex-girlfriend and former friends.

Message exchange

During the trial, the court heard about numerous WhatsApp messages exchanged between Pistorius and Steenkamp a month before she was killed.

In one of the messages, Steenkamp told the athlete that he picked on her excessively. She did everything to make him happy and he did everything to throw tantrums.

She told him she had fallen in love with him.

"I'm scared of you sometimes and how you snap at me and of how you will react to me. You make me happy 90% of the time and I think we are amazing together... but I am not some other bitch... trying to kill your vibe..." Steenkamp wrote in a cellphone message.

During the trial, everything leading up to the death of Steenkamp was scrutinised, including when she last ate and the contents of her stomach.

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.

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

Masipa - with the assistance of her two assessors - will make a judgment after the closing arguments, which were set down for Thursday and Friday.

North West clinics closed after quake - at least 400 houses damaged


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Three clinics in Klerksdorp, North West were damaged when a 5.5 magnitude earthquake hit South Africa on Tuesday, the provincial health department said.

"Two of the clinics are completely shut down after severe structural damage," spokesperson Tebogo Lekgethwane said in a statement.

The closed clinics were Stilfontein Clinic and Parkstreet Clinic in Klerksdorp. 

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The third clinic was under the administration of a mine in Stilfontein.

Lekgethwane said renovations had started on the mining clinic and it was expected to be functional by Wednesday.

"As a temporary measure the department has arranged to ferry patients to nearby health facilities through the use of shuttle buses," he said.

Health MEC Magome Masike would visit the clinics on Wednesday to assess the extent of the damage caused by the earthquake.

The quake, one of South Africa's largest magnitude earthquakes in the past decade, was felt as far way as Mozambique and Botswana.

The Council for Geoscience said its epicentre was in the Orkney region, where one person was killed.

ER24 spokesperson Luyanda Majija said the body of a 31-year-old man was found in an old mining village in Orkney following the quake.

At least 400 houses in the area were reportedly destroyed, Premier Supra Mahumapelo told reporters.

Tuesday, August 5, 2014

Siyaya TV to broadcast all National Soccer teams games. The Bakgatla-ba-Kgafela in the North West, led by Pilane, are the major shareholders in Siyaya TV. Pilane said the Bakgatla were at the heart of rural development, building a city and developing the economy in Moruleng village in the North West.

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Siyaya TV, which acquired the rights to air Bafana Bafana matches for R1bn, is poised to change the face of broadcasting, its major shareholder said on Monday.

"We are transforming the broadcasting industry by participating in it ourselves, and not just coming in and asking for jobs," the Bakgatla-ba-Kgafela tribal chief John Molefe Pilane said.

"We will change the face of broadcasting through Siyaya TV."

The Bakgatla-ba-Kgafela in the North West, led by Pilane, are the major shareholders in Siyaya TV.

On Monday, the SA Football Association confirmed a R1bn TV deal with Siyaya TV to show all national team games live.

"When the current contract with SABC ends, the deal with Siyaya will begin. The SABC contract ends at the end of April 2015," said Safa head of communication Dominic Chimhavi.

The contract allows Siyaya TV to broadcast live all senior national men's and women's matches.

In addition, the broadcaster will also have the rights to televise all junior national team games.

According to reports, Safa will be paid R175m per year during the six-year contract with Siyaya TV.

Pilane said the Bakgatla were at the heart of rural development, building a city and developing the economy in Moruleng village in the North West.

"When government first called for expressions for digital terrestrial television (DDT), one of its goals was that DDT should reach rural communities. The Bakgatla are seizing that opportunity."

Soccer was a hugely favoured sport in the country.

"We were advised to get other programmes. We decided to get the soccer before other products. Soccer is hugely popular in this country and is supposed to be bigger than rugby and cricket."

Pilane said the television station targeted black middle and lower income earners, who were also at the forefront as soccer lovers.

Regarding the cost of the deal, Pilane said the R1bn reported was probably an estimation of the whole deal.

"This deal is for a period of over six years. That is an agreement we have with Safa and all I can tell you is that we want to create a company that is worth more than a billion."

"E.tv and DSTV are worth more than that. We are also getting there."

Monday, August 4, 2014

Oscar's house seems very safe - says the buyer


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An aerial view of the luxury Silver Woods Estate home owned by Oscar Pistorius. (AP)

Johannesburg - It was while listening to evidence presented during Oscar Pistorius’ murder trial that something struck Louwtjie Louwrens: there was very little crime in Pistorius’ suburb, City Press reports.

So when the athlete's home in the Silver Woods Country Estate in Pretoria came on the market, 57-year-old Louwrens bought it - and he intends to retire there.

Pistorius is accused by the state of murdering his girlfriend Reeva Steenkamp on Valentine’s Day last year.

It emerged during his trial that most incidents in the estate weren’t even serious enough to involve the police.

“I live in Boksburg, and the crime situation in Silver Lakes is much better. Safety for me and my family is the most important thing. I did it for my family,” Louwrens told City Press’ sister paper, Rapport, this week.

He saw pictures of the house on television and was impressed by the luxurious space with its four bedrooms, five entertainment areas, three garages and sparkling pool.

In 2011 Pistorius put the house on the market for R6.5m, a full R2m more than Louwrens bought it for. It didn’t sell and he took it off the market. But as his legal bills mounted, the house was put up for sale again.

Louwrens says his purchase wasn’t just a dispassionate business transaction. If he’s honest, he said, there was a sentimental aspect to his decision to put in a bid. His children have always been inspired by the Olympic hero.

“He’s a celeb. And I have tremendous sympathy for him,” said Louwrens.

“I actually wanted to surprise my family. When they found out about the bid, they thought it wouldn’t go through. Now it has.”

The history of the house doesn’t bother him. “I’m not superstitious,” he said. In fact, the first time he visited the house, the shooting was the last thing on his mind. He had an unpleasant surprise of his own to deal with.

The bid had been closed and he hadn’t been able to view the house before he bought it. So he was dismayed to find it had deteriorated badly in the 18 months it had stood vacant.

“There is a great deal of water damage. I don’t know what caused it or how much it will cost to repair, but the building contractor is busy with that now.”

The contractor is Christo Menelaou, Pistorius’ close friend and former neighbour. Menelaou will also rent the home initially from Louwrens while it is being repaired.

After the initial shock, Louwrens is feeling much better about the transaction. He specialises in turnaround strategies and interventions through his company, Thamani Mining Consultants, and challenges don’t bother him.

“I don’t believe houses where such things happen have a stigma attached to them. When I read about how much the houses are worth there, I think it’s a bargain.”

Louwrens’ wife, paediatrician Dr Joey de Vos, isn’t as excited as her husband by the prospect of living in the house. “Oh, she’ll get used to the idea. “It’s a long time before we retire,” said Louwrens.

Oscar’s money woes persist

Oscar Pistorius may have sold his house, but his money woes are far from over.

Brian Webber, Pistorius’ attorney, said in March that it was necessary to sell Pistorius’ “single biggest asset” because he was paying his own legal feels. But he will not necessarily be seeing much of the R4.5m he sold the house for.

According to records filed at the deeds office, Nedbank has registered a bond of R3 555 630 on the property.

Pistorius only paid a deposit of R400 000 in 2008 and the rest of the house was financed with a bond.

Nedbank’s mortgage calculator says Pistorius’ bond repayments would have been more than R31 000 a month if the loan was over 20 years at the prime lending rate.

Pistorius would have had to continue these payments after he moved out in February last year.

According to the deeds office records, he has two other properties - a town house that he bought in 2006 for R674 900 (bond of R680 000) and a town house that he bought in 2008 for R800 000 (bond of about R803 000).

Shortly after he shot and killed his girlfriend Reeva Steenkamp, Pistorius’ sponsors withdrew their support, and for the past 18 months he has not taken part in an athletics event where he could’ve earned an income.

Webber said Pistorius’ legal fees had increased because the trial took longer than expected. Pistorius has a lawyer and two advocates, one of whom holds senior status. He also approached several experts to help him prepare for the trial.


Sunday, August 3, 2014

Police to investigate Carl Pistorius (Oscar Pistorious Brother) car crash


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Carl Pistorius sobs as his brother testifies in the North Gauteng High Court. (Themba Hadebe, AP pool)

An accident outside Modimolle that involved Carl Pistorius - the older brother of murder-accused Paralympian Oscar Pistorius is being investigated, Limpopo police said on Saturday.

"We have opened a case of reckless or negligent driving and police and the Limpopo traffic department are investigating," Brigadier Hangwani Mulaudzi said.

"The information will be collated into a centralised docket that will be sent to the director of public prosecutions for a decision."

Paramedics had to use the jaws-of-life to free Carl Pistorius after his car collided head-on with another car on Friday night at around 20:00.

"Mr Pistorius was taken to Pretoria and the other driver was taken to a local hospital last night [Friday] after they were freed," Mulaudzi said.

"Mr Pistorius had two other occupants inside his car but they were not injured. Reports indicate that the other driver was alone, but this can't be confirmed. Both drivers had serious injuries... we suspect internal injuries."

On Saturday morning, the Pistorius family said Carl was "out of danger" after the accident.

"Carl's vehicle was hit head-on by another car that had swerved from the opposite side of the [N1] highway into... oncoming traffic," his uncle Arnold Pistorius said in a statement.

"Carl was badly hurt but we are thankful that he is out of danger. He was transferred to a hospital in Pretoria."

Carl Pistorius was returning from a business trip in Polokwane on Friday evening. A colleague was following him in a different car and witnessed the accident, his uncle said.

Further details of the injuries were not immediately available.

In May last year, Carl Pistorius was acquitted on a culpable homicide charge.

The Vanderbijlpark Magistrate's Court also acquitted him on alternative charges of reckless or negligent driving, and driving without reasonable consideration for another person using the road.

He had pleaded not guilty to all the charges.

His bakkie collided with Maria Barnard's motorbike on 8 March 2008. She died in hospital a few days later.

Oscar Pistorius still faces a murder charge after his girlfriend, Reeva Steenkamp, was shot dead in his Pretoria home on 14 February last year.

He claims he shot her by accident through the locked door of his toilet, thinking she was an intruder. The State contends he killed her during an argument.

Closing arguments were expected to be heard on 7 August, when the trial resumed.

Friday, August 1, 2014

Another female suicide bomber strikes in Nigeria


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(Emmanuel Dunand, AFP)

Kano - A police official says a female teenager has carried out a suicide attack in Nigeria's northern city of Kano.

Kano state police commissioner Aderenle Shimanaba said the attack on Wednesday targeted graduates at a polytechnic school. He said no one claimed responsibility for the attack, the fourth carried out by a female suicide bomber in the past week in Kano.

Isa Ahmed, a security guard, said he saw six bodies after the blast. Ibrahim Ado Daneji said his brother died on Thursday after being injured in the attack.

Boko Haram militants are widely blamed, having killed thousands of people this year alone.

Two other teenage females carried out suicide bombs on Sunday, killing four others. And a woman blew herself up Monday at a petrol station killing three others.