SAPS gives Pistorius's defence the lead

No Fear No Favour No Sweat ONLY THE FACTS.......

21 FEB 2013 00:00 - NIREN TOLSI

The SAPS's apparently shoddy detective work has been exposed by Oscar Pistorius's defence team in the second day of his bail hearing.

The South African Police Service's apparently shoddy detective work was exposed on Wednesday, swinging day two of Oscar Pistorius’s bail application hearing for premeditated murder the way of the Paralympian and his defence team.

At the Pretoria Magistrate's Court advocate Barry Roux, representing Pistorius, laid bare facts including that the police’s forensics team had failed to find a bullet in the toilet of his master bedroom – which was found later by the defence’s own investigators.

It was in the toilet, behind a locked door, that the state alleged Pistorius’s girlfriend Reeva Steenkamp was cowering when the 26-year-old athlete fired the shots that killed her.

According to state witness and investigating officer Hilton Botha, Steenkamp’s body had bullet wounds to the right side of the head below the ear, in the right elbow, which “broke her arm”, and a wound in the right side of her hip.

Roux, however, raised questions about the police’s methodology after confirming with Botha that the police officer walked without protective shoes through the crime scene, thus “contaminating” it.

He also questioned police evidence that neither of the two iPhones recovered near the nine-millimetre pistol in the bathroom had been used that morning to make SOS calls to paramedics. Roux pointed to the fact that police had not enquired about the existence of another cellphone that might have been used, to suggest that they were being prejudiced in their investigation.

However advocate Gerrie Nel, representing the state, when questioning Botha later in the day, confirmed that neither Pistorius nor his lawyer, who had been present that morning, had offered information about the existence of a third phone from which calls would have been made.

Roux was adamant during his cross-examination that police appeared intent on disregarding evidence that would have pointed to the “spontaneous” nature of Pistorius’s actions in the early hours of Valentine's Day last week, or that the evidence before them, did actually fit into Pistorius’s version of events.

Brutal interrogation
In what was a brutal interrogation that left Botha flustered and unravelling during his testimony, Roux also noted that “it seems that an approach was adopted [by the police] to discard anything that may be consistent with the defence’s” version of events. Something Botha denied.

But this did not stop Roux from attempting to blow holes in the state's case and the inferences it had hoped to draw from witness statements and preliminary police work done so far – which Roux went to lengths to paint as both inept and part of a broader attempt at “malicious prosecution”.

Roux got Botha to admit that police had not done a “visibility test” in the bedroom, which his investigators had confirmed was “pitch dark when the blinds and curtains were drawn" – as Pistorius had indicated in affidavit, filed with the court on Tuesday.

Botha, who is still waiting on ballistic and forensic reports, was also left back-pedalling on the distances between Pistorius’s house in the plush Silver Lakes Golf Estate in Pretoria East, and that of the homes of two neighbours who had told police they had heard screams and gunshots in the early hours of the morning. Botha had estimated the distances of around 600-metres, before later backtracking, when questioned by Nel, to suggest that it was closer to 300-metres.

While being questioned by Nel during the morning session, Botha had said that one of the state’s witnesses had heard arguing between 2am-3am on February 14. According to Botha the witness then heard a gunshot, went onto his balcony where he saw the lights switched on in Pistorius’s bedroom – contrary to the “Blade Runner’s” testimony that his room was in darkness – then went back inside and subsequently heard “a female screaming two to three times and then another couple of shots".

However, later, under cross-examination, Botha confirmed that witnesses had apparently heard more gunshots than the police could account for.

Flight risk 
Botha had also stated that bail be denied to Pistorius because he posed a flight risk as he owned property in Italy and operated an offshore account. However Roux was categorical that no such property existed and that the offshore account was a commercial one, form which no money could be withdrawn.

Earlier the state had also attempted to portray Pistorius as a reckless individual with a taste for guns and aggressive behaviour. Botha had noted an incident last month at a restaurant in Melrose Arch in Johannesburg when Pistorius had let off a firearm and then asked the owner of the gun “to take the rap for him and that person did”.

Nel pursued the line of an untouchable celebrity asking: “He allowed somebody else to take the blame?” To which Botha replied “correct". 

However, later, Roux had stated to the court that the gun had actually gone off while it was being passed under the table to Pistorius.

Another incident involving a male individual at Kyalami racecourse, apparently over a girl, ended, according to Botha, when Pistorius “got so enraged with that person that he told him he would fuck him up".

Judgment in the bail hearing is expected on Thursday.

MAIL & GUARDIAN

Pistorius case in chaos: Lead detective is 'dropped' from investigation after it emerges he is facing SEVEN attempted murder charges 

• Warrant officer Hilton Botha will face seven charges of attempted murder
• AFP: WO Botha had been dropped from the the case 
• Alleged incident occurred in 2009 and involved two other officers
• Accused of opening fire while drunk on a taxi containing seven passengers 
• Police confirmed charges and said he is 'innocent until proven guilty'
• Despite allegations he will remain in charge of Oscar Pistorius murder case 
• He was first officer at the house where Reeva Steenkamp was shot dead

By DAVID WILLIAMS, CHIEF REPORTER, MARIO LEDWITH and MARTIN ROBINSON

PUBLISHED: 06:43 GMT, 21 February 2013 | UPDATED: 08:51 GMT, 21 February 2013

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The detective leading the Oscar Pistorius case has been 'dropped' from investigation after it emerged that he is facing seven attempted murder charges himself.

Hilton Botha, whose performance during the athlete's bail hearing drew laughter yesterday, is accused of shooting at a taxi full of people while drunk, along with two other officers. 

The revelation came as Pistorius's bail hearing is set to enter its final stage this morning - the Paralympian stands accused of murdering his 29-year-old girlfriend Reeva Steenkamp. 

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Revelation: The detective leading the Oscar Pistorius, left, case, Hilton Botha, right, has been 'dropped' from investigation after it emerged that he is facing seven attempted murder charges himself

Yesterday prosecutors were forced to change their story after blunders in the case brought by WO Botha.

Botha is said to be devastated about the charges, denies he was drunk and insists he was chasing a murder suspect at time.

 

More...

• Sleeping on a tiny bunk with little ventilation and fears of violence and rape: The notorious South African jail Pistorius faces if he loses bail application
• Blade Runner's hopes of getting bail soar after prosecution admits embarrassing blunders and courtroom laughs at bumbling policeman

During the alleged incident in 2009, the three officers opened fire on a mini-bus taxi containing seven passengers while apparently drunk and in a state-owned vehicle.

The three were arrested in 2011, according to reports.

Charges against the officer, who has been a policeman for 24 years, were initially dropped before dramatically being reinstated yesterday.

Police spokesman Neville Malila told South Africa's Eye Witness News: 'There was a decision taken by the DPP’s office to charge the members, each one of them with seven counts of attempted murder. That was the number of people that were in the taxi.'

Spotlight: South African police Detective Hilton Botha arrives at the Magistrate Court yesterday - he is said to be devastated about the charges, denies he was drunk and insists he was chasing a murder suspect at time

The courtroom laughed at the officer when he suggested the world-famous Paralympian could go on the run.

He added: 'The member is innocent until proven guilty. The member was chosen by the station to do the investigation due to the fact that he is a senior.'

Criminal law specialist William Booth said it was uncertain whether the revelations would play a part in the bail hearing.

He said: 'In any criminal matter, be it a trail or bail hearing, if a witness testifies and it’s established he has previous convictions or pending cases, it's a factor which may play a role in respect to his credibility.'

The Pistorius prosecution team said today they were unaware of the charges against the detective when they put him on the stand in court to explain why Pistorius should not be given bail.

Medupe Simasiku, the spokesman for the prosecutors charging Pistorius with premeditated murder, could not say how the charges against Botha would affect their case against Pistorius.

Boxes of 'testosterone' and needles were found at Oscar Pistorius' home where he shot girlfriend Reeva Steenkamp dead after 'non-stop' arguing, a court heard today

'The (Pistorius) prosecutors were not aware of those charges (against Botha),' said Mr Simasiku, of the National Prosecution Agency.

'We are calling up the information so we can get the details of the case. From there we can take action and see if we remove him from the investigation or if he stays.'

WO Botha was the first officer to arrive at the Pistorius house on Valentine's Day following the shooting of the model and law graduate.

The 26-year-old's chances of winning bail appeared to increase dramatically today after the embarrassing series of blunders and confusion in the prosecution case.

Just hours after the WO Botha told the athlete's bail hearing in Pretoria that the performance enhancing drug testosterone and steroids had been found at his mansion home shortly after the killing of girlfriend Reeva Steenkamp, prosecutors changed their story.

In a humiliating U-turn, a spokesman for South Africa's National Prosecution Agency said there had been an error in his evidence when he identified the substance found in his bedroom.

Medupe Simasiku said it is too early to identify the substance as it is still undergoing laboratory tests.

In fact, no results of any forensic tests from the scene of the killing had been given to investigators.

There were gasps in court when the detective and prosecutors claimed testosterone had been found together with needles.

Discovery of the sports drug could potentially have brought questions over the star's achievements at London 2012 where he became the first athlete to compete at an Olympics and Paralympics, winning two gold medals and a silver.

At one stage, the detective supposedly providing the key facts to keep Pistorius in custody had agreed with the defence lawyer that police had no evidence challenging the runner's claim he accidently killed his girlfriend in a bathroom, believing it was an intruder.

Police accuse Africa's most famous sportsman of premeditated murder, a charge he emphatically denies.

Damning: The first half of the hearing saw damning allegations surface, but after a recess his defence team fired tough questions at the main witness, chief investigative officer Hilton Botha

Pistorius was found wearing white shorts and a black vest and covered in towels, according to Mr Botha

WO Botha left prosecutors rubbing their temples, only able to look down at their notes as he misjudged distances and acknowledged a bungling forensics team left in the bathroom toilet bowl one of the bullets fired at Miss Steenkamp.

The second day of the bail hearing in a case that has riveted South Africa and much of the world appeared at first to go against the double-amputee runner, with prosecutors saying a witness can testify to hearing 'non-stop talking, like shouting' between 2 a.m. and 3 a.m. before the predawn shooting on February 14.

However, WO Botha later said under cross examination that the person who overheard the argument was in a house 600 metres away in Pistorius's gated community in the suburbs of South Africa's capital, Pretoria.

Later, prosecutor Gerrie Nel questioned the detective and acknowledged the distance was much closer. 

But confusion reigned for much of his testimony when at one point WO Botha said officers found syringes and steroids in Pistorius' bedroom.

Mr Nel quickly cut the officer off and said the drugs were actually testosterone.

Defence lawyer, Barry Roux, asserted when questioning the detective that it was not a banned substance and that police were trying to give the discovery a 'negative connotation.' 

'It is an herbal remedy,' Mr Roux said. 'It is not a steroid and it is not a banned substance.' 

WO Botha had claimed examination of the model's body and the bathroom door Pistorius fired through suggested he had been had been wearing his prosthetic legs - directly contradicting the athlete's claims that he was on his stumps and fired believing an intruder had broken in.

'I believe that he knew that Reeva was in the bathroom and he shot four shots through the door,' the detective told the court.

Pistorius broke down in tears during the second day of the bail hearing as Mr Botha outlined the forensic evidence

Detective Hilton Botha said he believed the bullets were fired down suggesting Pistorius was wearing his prosthetic legs when the shots were discharged

As details were released from Miss Steenkamp's post mortem showing bullets hit the right side of her head, her hip and right elbow - resulting in a broken arm, Pistorius lent forward sobbing and muttered prayers, the muscles straining on his neck.

In apparently damning evidence aimed at countering the athlete's case for bail, WO Botha said he viewed the man who won two gold medals and a silver at London 2012 as a 'flight risk' pointing out he had not used any of the four telephones found at the house to call police and claiming his family had been searching for a memory stick containing details of off-shore bank accounts.

But amid confusion, Mr Roux began to pick holes in the prosecution case with the officer forced to acknowledge that the witness who allegedly overheard the argument was 600 metres from Pistorius' house at the Silver Woods complex on the outskirts of Pretoria. He later changed this to 300 metres.

Police 'take every piece of evidence and try to extract the most possibly negative connotation and present it to the court,' Mr Roux told magistrate Desmond Nair.

Pistorius's brother Carl said after the hearing that he 'trusts everyone has more clarity about this tragic incident'

There was even laughter in the court during an exchange between Mr Nair and WO Botha with the magistrate asking the officer about his belief that if granted bail, Pistorius would flee South Africa.

Addressing WO Botha and prosecutor Gerrie Nel, Mr Nair said: 'The accused before court is an international athlete, paralympic athlete, he uses prosthesis on both legs. 

'I'm sure we would both agree that his face is widely recognised internationally. Do you subjectively believe that he would take the opportunity, being who he is, using prosthesics to get around, to flee South Africa?'

WO Botha responded: 'Yes.' Security in the court stopped the laughter in the court.

The magistrate raises his eyebrows.

WO Botha protested: 'I believe for someone facing 15 years to life, I would make a plan to get out and go somewhere, with the finances he has.' 

 VIDEO  In court. Paralympian hangs head as hearing shown floor plans of house  

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Bathroom plan: A projector was used to beam the plans up for the public and press to see

Mr Nair said: 'And if he were to flee, he may opt for a country with no extradition agreement with South Africa?' 'It's possible,' the officer replied.

Mr Nair pressed him: 'But do you think it's possible that a person who has won Olympic golds would want to forsake his career when he has a chance to prove his innocence in a court of law?' 

'Your honour, imprisonment is no joke,' the officer said.

The exchanges appeared to lift the spirits and hopes of the Pistorius family sitting in court that the bail application might be successful, their dark mood during the initial stages of prosecution evidence changing to one of relief and smiles as they left court.

Earlier, Mr Nel said the killing was premeditated because Pistorius took time to put on his prosthetic legs before the shooting.

Scene of horror: This is the toilet cubicle where Reeva Steenkamp was found 'slumped over but alive' after being shot three times through the locked door

He projected a plan of the bedroom and bathroom for the courtroom and argued Pistorius had to walk past his bed to get to the bathroom and could not have done so without realizing the Miss Steenkamp was not in the bed as he claimed.

'There's no other way of getting there,' Mr Nel said.

WO 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 realizing that Miss Steenkamp was not in the bed and could have been the person in the bathroom WO Botha said he wanted Pistorius charged additionally with a weapons violation after unlicensed .38 calibre ammunition was found at the house.

Mr Roux asked the officer if Miss Steenkamp's body - she was wearing white shorts and a black vest - showed 'any pattern of defensive wounds,' and the detective said it did not.

WO Botha said the shots were fired from five feet, and that police found three spent cartridges in the bathroom and one in the hallway connecting the bathroom to the bedroom. He admitted police had initially missed finding one cartridge.

The hearing at Pretoria Magistrates' Court is due to resume at 11am local time tomorrow morning - it was initially expected to last for two days

Police also found two iPhones in the bathroom and two BlackBerrys in the bedroom, he said, adding that none had been used to phone for help. Pistorius had said that he called the manager of his guarded and gated housing complex and a private paramedic service.

Mr Roux countered Pistorius did make calls, including to the guards of the housing estate. In one case, he said, a guard could hear Pistorius crying.

'Was it part of his premeditated plan, not to switch off the phone and cry?' Mr Roux asked sarcastically.

Screaming heard coming from the house was Pistorius calling for help from his balcony, not Miss Steenkamp, the lawyer said.

Leaving court , the athlete's brother Carl Pistorius said : 'I feel like the court proceedings went well. We trust that everyone has more clarity about this tragic incident.'

VIDEO Investigating officer in Oscar case faces attempted murder charges 

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Pistorius investigating officer facing seven charges of attempted murder

Investigating officer HiltonBotha, sits inside the court witness box during the Oscar Pistorius bail hearing at the Pretoria Magistrates' Court on Wednesday (February 20 2013). Picture: Themba Hadebe/AP

21 February 2013 8:23

The investigating officer in the Oscar Pistorius murder case has seven charges of attempted murder against him, the police have confirmed.

“Yes. It is one case with seven charges of attempted murder,” said Gauteng police spokesman Brigadier Neville Malila today.

He said detective Hilton Botha was first charged back in 2009 but the charges were then provisionally withdrawn.

The matter was then referred to the director of public prosecutions (DPP).

“It was only yesterday that we were informed by the DPP that he is being charged,” he said.

Malila said Botha allegedly fired shots at a combi as he tried to stop it. The combi had seven occupants in it.

Botha is the investigating officer in the murder of Reeva Steenkamp, who was allegedly killed by paralympian Pistorius on Valentines Day.

He has already testified against Pistorius in a bid for the court not to grant him bail.

- Sapa

CITY PRESS

COMMENTS BY SONNY

THE GLOBAL ARENA STANDS STILL, AS THE OSCAR PISTORIUS BAIL APPLICATION CONTINUES IN PRETORIA SOUTH AFRICA!

JESUS CHRIST WAS ALSO PERSECUTED AND NOT PROSECUTED!

THE "BOEREMAG TRIAL" WHICH LASTED FOR 10 YEARS WAS ALSO RIDDLED WITH "FALSE TESTIMONY AND TRUMPED UP CHARGES!

COMPARING THE  Shrien Dewani CIRCUMSTANCES FOR OPPOSING BAIL TO THAT OF OSCAR PISTORIUS IS LIKE COMPARING LUCIFER TO GOD!

JUSTICE WILL BE SERVED IN THE END!

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