PRETORIA, South Africa — A South African magistrate said he will rule on Friday whether Oscar Pistorius, the double amputee track star accused of murdering his girlfriend, will be granted bail in a case that has riveted the nation.
The decision will be announced in the early afternoon when the court resumes after a midday recess, according to Magistrate Desmond Nair, who listened to final arguments between the defense and prosecution over whether bail should be granted.
The prosecution opposes the sprinter’s application to be released on bail until a full trial, arguing that he might flee. It says Mr. Pistorius committed the premeditated murder of Reeva Steenkamp, a 29-year-old model and law school graduate, when he fired four shots through a locked bathroom door at his home in a gated community while she was on the other side in the early hours of Feb. 14. He has said he believed the person in the bathroom was an intruder.
Premeditated murder is the most serious murder charge under South African criminal law and carries a mandatory life sentence with parole in 25 years at the latest.
Mr. Pistorius’s lawyer, Barry Roux, said Friday that if he were prosecuting the case, the charge would be culpable homicide — a less serious charge implying either negligence or a lack of intention to kill.
With his head bowed as he entered the court on Friday, Mr. Pistorius appeared to be struggling to hold back tears, his jaw clenched, as the prosecutor described Ms. Steenkamp’s plight on Feb. 14.
“I am not saying the planning of the murder of Reeva Steenkamp happened weeks ahead, days ahead,” said the prosecutor, Gerrie Nel. “I am saying the planning to kill Reeva Steenkamp happened that night.”
Ms. Steenkamp took refuge in the bathroom either to escape a fight or a gun, he said.
But Magistrate Nair seemed skeptical on Friday about the risk of flight by Mr. Pistorius. “What kind of life would he lead, a person who has to use prostheses, if he has to flee” and found himself “ducking and diving every day” on artificial limbs, the magistrate asked. “His international career would be over in any event.”
“A life not in prison,” Mr. Nel replied, comparing Mr. Pistorius to WikiLeaks founder Julian Assange who has taken refuge in the Ecuadorean embassy in London, despite his “famous face.”
Mr. Pistorius’s coach, Ampie Louw, told reporters on Friday that he is considering putting the athlete back in training if he secures bail. Mr. Pistorius has canceled planned track appearances and several corporate sponsors — the most recent of them Nike on Thursday — have distanced themselves from him.
Piling on pressure on Friday, Mr. Nel linked the death of Ms. Steenkamp to other violence against women in South Africa, including Anene Booysen, a 17-year-old who was raped and murdered in the Cape region earlier this month. “The degree of violence present in this case is horrific,” Mr. Nel said.
Mr. Pistorius has said he had no intention of killing Ms. Steenkamp.
But on Thursday, Mr. Nel labeled Mr. Pistorius’s account “improbable.”
“What we can’t forget is the applicant is charged with murdering a defenseless, innocent woman,” Mr. Nel said.
Mr. Pistorius has said that he did not realize Ms. Steenkamp was no longer in bed as he rose to check for an intruder, shouting to her to call the police.
“You want to protect her, but you don’t even look at her?” Mr. Nel said. “You don’t even ask, ‘Reeva, are you all right?’ Earlier Thursday, the case was partially eclipsed by developments in the prosecution camp, when the South African police replaced its lead investigator after revelations that he was facing seven charges of attempted murder stemming from an episode in which police officers fired at a minivan.
The national police commissioner, Riah Phiyega, said later that a divisional police commissioner, Lt. Gen. Vinesh Moonoo, would be assigned to preside over “this very important investigation.” The change was announced a day after the original lead investigator, Detective Warrant Officer Hilton Botha, acknowledged several mistakes in the police work and conceded that, based on the existing evidence, he could not rule out the version of events presented by Mr. Pistorius.
A police brigadier, Neville Malila, told reporters on Thursday that Detective Botha was scheduled to appear in court in May on the attempted murder charges in connection with an episode in which Mr. Botha and two other police officers fired at a minivan.
“Botha and two other policemen allegedly tried to stop a minibus taxi with seven people,” Brigadier Malila said. “They fired shots.” While the charges were initially dropped, “we were informed yesterday that the charges will be reinstated,” he said.
Medupe Simasiku, a spokesman for the National Prosecuting Authority, told reporters that the decision to reinstate the charges was made on Feb. 4, long before Ms. Steenkamp was killed.
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Pistorius Bail Ruling Expected Friday
