Created on Wednesday, 20 February 2013 Written by GERALD IMRAY,Associated Press JON GAMBRELL,Associated Press
PRETORIA, South Africa (AP) — A police detective testified at Oscar Pistorius' bail hearing Wednesday that authorities have not found any inconsistencies in the star athlete's description of his shooting of his girlfriend — a killing Pistorius says was accidental but which prosecutors call murder.
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 prosecutor Gerrie Nel 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 Valentine's Day.
Pistorius said in an affidavit read in court Tuesday that he and girlfriend Reeva Steenkamp, a 29-year-old model and budding reality TV star, had gone to bed and that when he awoke during the night he detected what he thought was an intruder in the bathroom. He testified that he grabbed his 9 mm pistol and fired into the door of a toilet enclosed in the bathroom, only to discover later to his horror that Steenkamp was there, mortally wounded.
The prosecution alleged the couple had a fight before he fired shots.
Under cross-examination by the defense, police Detective Warrant Officer Hilton Botha acknowledged that the witness who allegedly overheard the argument was 600 meters (yards) from Pistorius' house, where the shooting occurred. Later, prosecutor Nel re-questioned Botha, and the detective said the distance was actually much closer.
Pistorius, the first Paralympian runner to compete at the Olympics, is charged with premeditated murder in the case.
The prosecution attempted to cement its argument that the couple had a shouting match, that Steenkamp fled and locked herself into the toilet stall of the bathroom and that Pistorius fired four shots through the door, hitting her with three bullets.
Botha added: "I believe that he knew that Reeva was in the bathroom and he shot four shots through the door."
When asked if the police found anything inconsistent with the version of events presented by Pistorius, Botha responded that they had not.
However Botha — who has 24 years' experience as a policeman and 16 as a detective — presented evidence that appears to disagree with Pistorius' account. Botha said the trajectory of the bullets showed the gun was fired pointed down and from a height. This seems to conflict with Pistorius' statement Tuesday, because the athlete said that he was on his stumps and feeling vulnerable because he was in a low position when he opened fired.
Prosecutor Gerrie Nel has said the killing was premeditated because Pistorius took time to put on his prosthetic legs before the shooting.
Nel 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 Steenkamp was not in the bed.
"There's no other way of getting there," Nel said.
Hilton said the holster for the 9 mm 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 Steenkamp was not in the bed and could have been the person in the bathroom. Pistorius testified Tuesday that the bedroom was pitch dark.
Hilton 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.
Defense attorney Barry Roux asked Botha if Steenkamp's body showed "any pattern of defensive wounds," and the detective said it did not.
Botha said the shots were fired from 1.5 meters (five feet), and that police found three spent cartridges in the bathroom and one in the hallway connecting the bathroom to the bedroom.
Police also found two iPhones in the bathroom and two BlackBerrys in the bedroom, Hilton 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.
Roux said 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?" Roux asked sarcastically.
Botha said Pistorius did not have a license for a .38-caliber weapon and consequently his possession of ammunition for such a weapon was illegal.
The detective said that all Pistorius would say after the shooting was "he thought it was a burglar."
In an additional revelation Wednesday, police said they found two boxes of testosterone and needles in Pistorius' bedroom.
But Roux said the substance was an "herbal remedy," and not a steroid or a banned substance.
Police "take every piece of evidence and try to extract the most possibly negative connotation and present it to the court," defense lawyer Roux said.
Imray reported from Johannesburg. Associated Press writer Michelle Faul in Johannesburg contributed to this report.