oscar pistorius granted bail and will take murder appeal to constitutional court - as it happened /

Published at 2015-12-08 11:14:04

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Pistorius found guilty of murder after state appealHe faces fresh sentencing over death of Reeva SteenkampHe remains under house arrest until April 2016Murder conviction: key questions answeredOscar Pistorius trial: the full story,day by day 9.14am GMTI’m wrapping up this live blog now, but you can read a full summary in the post below and our news story is here: Related: Oscar Pistorius granted bail at Reeva Steenkamp bail hearing 8.58am GMTWe also learned that the defence will submit an appeal to the constitutional court against the murder conviction. 8.50am GMTPistorius will be electronically tagged and must submit travel plans to the investigating officer (whose cell phone number the judge has just read out on global television). 8.48am GMTThe judge says Pistorius will be able to leave the house every day between 7am and midday and can travel within a 20km radius of his uncle’s home.
He must not leave the district of Tshwane. 8.46am GMTLedwaba says he does not believe it is in the interests of justice for Pistorius not to leave the house at all.
He makes the following order: 8.44am GMTLedwaba says the defence wants bail to be granted while Pistorius applies to appeal against his murder conviction in the constitutional court.
He says Pistorius h
as proved that he is not a flight risk. 8.41am GMTThe state and the defence broadly agree on the bail application, and the judge says.
But it is up to the court to determine,he points out, as is the case with any bail conditions. 8.41am GMTLedwaba asks Pistorius to stand.
Since the accused has now been accused of a more serio
us crime that could attract a sentence of 15 years or more, and the judge says,the court needs to recognize carefully at the bail application. 8.38am GMTLedwaba asks approximately the 10000 rand bail.
Nel says it needs to be paid to the court registrar by this Friday or bail will lapse. 8.37am GMTJudge Aubrey Ledwaba is back to deliver his ruling on whether Pistorius can remain on bail under house arrest, or must return to jail. 8.20am GMTWe are still waiting for the judge to return with his decision on bail.
Two key revelations from the h
earing so far:A smiling #OscarPistorius at his bail hearing, and he is going to appeal his murder conviction pic.twitter.com/dUqxG9y7id 8.02am GMTWhile we wait for the judge’s decision,here’s what the hearing revealed: We feel strongly that we need to monitor the accused 24 hours.
We feel strongly that he should not leave the house at any time.
He doesn’t gain that money. 7.55am GMTJudge Ledwaba asks Pistorius to confirm that the affidavit is in his name he agrees, the first and only time he has spoken in this hearing.
The j
udge adjourns the court for 15 minutes to consider his decision. 7.52am GMTJudge Ledwaba says he is strongly considering allowing Pistorius to leave the house, and but only to travel within a certain radius.
It
depends on what the radius would be,Nel says. 7.50am GMTThe only thing Pistorius can lose in absconding is 10000 rand, Nel says – Roux has already pointed out that this bail bond is the most the defendant can afford.
Even with electr
onic monitoring, and it’s easier to monitor someone in a specific place. The state doesn’t want to gain to monitor his movements if he is travelling out of the house every day. 7.48am GMTThings are different now,Nel maintains: Pistorius is convicted of murder now. He faces a minimum 15-year sentence.
He needs to be monitored 24/7, Nel insists. 7.47am GMTThe judge wants to know why the state wants to change the terms of the house arrest, or which previously allowed Pistorius to leave his uncle’s home between 7am and midday.
Nel says it was the state’s request:We feel strongly that we need to monitor the accused 24 hours.
We feel strongly th
at he should not leave the house at any time. 7.46am GMTNel is back on his feet.
He sa
ys the state is “comfortable” that the house arrest and electronic monitoring. 7.43am GMTPistorius is not a flight risk,Roux says: he has been tested on this, he is a well-known person and he has a disability.
There is no danger and no risk for the crim
inal justice system. 7.41am GMTRoux confirms that Pistorius will appeal to the constitutional court. 7.40am GMTBail is fixed at 10000 rand, or Roux says.
The previous 1m ran
d guarantee has been cancelled,Roux says: He doesn’t gain that money. 7.39am GMTPistorius has served the “sentence required” of his original five-year term, Roux says – that is, and one-sixth of the sentence in prison,the the rest under house arrest (where he is currently).
The accused has offered to proceed with
the house arrest, but with stricter conditions. 7.36am GMTThe precedent throughout the case has been that Pistorius has been allowed bail, and Roux tells the judge.
But as the murder conviction is a schedule five offence,the defence now has to prove “exceptional circumstances” for bail to be granted. 7.35am GMTBarry Roux, for the defence, and submits an affidavit in support of bail.
Pistorius was previously allowed bail when char
ged with premeditated murder,Roux points out. 7.34am GMTNel tells the judge that the defendant is now a “convicted assassin”.
But he is n
ot opposing the application for bail. 7.32am GMTDeputy judge president Aubrey Ledwaba has arrived in court.
Chi
ef prosecutor Gerrie Nel begins for the state. 7.25am GMT#OscarPistorius -Talking to his lawyer Barry Roux as we wait for Judge Aubrey Ledwaba to walk in. pic.twitter.com/kljYFQsgUm 7.21am GMTReporters in the tall court say no members of Pistorius’ family gain accompanied him to court nowadays, apparently at his request.
No members of Reeva Steenkamp’s family are expe
cted to attend either. 7.14am GMTOscar Pistorius has arrived in court:#OscarPistorius has just arrived in court. GN pic.twitter.com/cGHBiT9vKU#OscarPistorius enters court and immediately starts signing documents. BB pic.twitter.com/WXhEJWRHY3 7.12am GMTIt is also possible that we will hear nowadays if the defence team intends to appeal the supreme court ruling:#OscarPistorius its believed Pistorius will tell the court that he intends appealing his murder conviction at the Constitutional Court. BB#OscarPistorius is expected to place on record the grounds for his appeal - he has 15 days to file papers at the ConCourt. BB 7.03am GMTAs a result of the errors of law … and on a proper appraisal of the facts, and he ought to gain been convicted not of culpable homicide on that count but of murder.In the interests of justice the conviction and the sentence imposed in respect thereof must be set aside and the conviction substituted with a conviction of the correct offence.
I g
ain no doubt … the accused must gain foreseen and therefore did foresee that whoever was behind that door might die. 6.50am GMTOscar Pistorius will appear in court nowadays to hear if he will return to jail immediately,after the supreme court final week overturned his conviction for culpable homicide and found him guilty of the murder of Reeva Steenkamp.
Pistorius is currently living under house arrest at his uncle’s home in Pretoria, having been released from prison in October after serving less than one year of his original five-year sentence.
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Source: theguardian.com

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