Olympian Oscar Pistorius, foreground, stands following his bail hearing, as his brother Carl, centre, and father Henke, right, look on, in Pretoria, South Africa, Tuesday, Feb. 19, 2013. Pistorius fired into the door of a small bathroom where his girlfriend was cowering after a shouting match on Valentine's Day, hitting her three times, a South African prosecutor said Tuesday as he charged the sports icon with premeditated murder. The magistrate ruled that Pistorius faces the harshest bail requirements available in South African law. He did not elaborate before a break was called in the session. (AP Photo-Masi Losi-Pretoria News) SOUTH AFRICA OUT
Tuesday, February 19, 2013 11:01 am
Excerpts of prosecutor's case against Pistorius
By The Associated Press
"The incident took place in the residence of the applicant (Pistorius) and we are confident that it will not be in dispute that (Pistorius) fired four shots, three of which hit the deceased and caused her death. She was unarmed and inside a toilet with the door closed. The applicant fired shots from outside the closed door of the toilet. ...
"There were two people in the house during the evening of 13-14 February 2013 - the applicant and the deceased, who were in a relationship. The deceased arrived between 1700 and 1800 on the 13th of February 2013 and planned to spend the night with the accused. An overnight bag was found in the main bedroom and a cosmetic bag in the bathroom (scene of crime). The deceased was shot three times whilst she was in the toilet behind a closed door.
"The bathroom and the toilet is about six meters (yards) from the main bedroom and upstairs from the main entrance and living area of the applicant's house. A passage links the bathroom and bedroom. The house is situated in a security complex with 24-hour security available.
"The door to the toilet was broken open from the outside - the only reasonable inference being that it was locked and could not be opened. (Pistorius) gained access to the toilet and carried the deceased downstairs where he walked into security guards. The main door of the house was not locked. (Pistorius) told his sister that he thought it was a burglar. We argue that this was part of the pre-planning to use as a defense. Why would a burglar lock himself into a toilet? There may have been an argument earlier between (Pistorius) and the deceased. ...
"There is no possible explanation to support his report that he thought that it was a burglar. Even (in) his own version, he readied himself, walked to the bathroom with the clear intention and plan to kill the `burglar' and did so whilst the burglar was harmless and contained in a toilet. This in itself also constitutes premeditated murder of a `defenseless burglar.'
"It is our respectful argument that `pre-planning' or premeditation do not require months of planning - if ... I ready myself and walk a distance with the intention to kill someone, it is premeditated."