Nel turns to Pistorius’ disability, tears

Oscar Pistorius’ disability does not make him different from anyone else accused of a crime, prosecutor Gerrie Nel said at the athlete’s bail application in the Pretoria Magistrates’ Court.

“The fact that he has prostheses does not make him different. If somebody with a disability commits a crime, we don’t see it differently,” he said.

“If this applicant can live in South Africa with his prostheses, he can live anywhere,” he said.

Nel was repeating that he thought Pistorius was a flight risk.

He had not admitted he “used” a house in Italy, after this was revealed in a magazine article.

Earlier today Nel turned to Pistorius’ emotional state as the athlete started crying again.

Nel said crying was expected, as Pistorius’ sister Aimee shook her head and put her hand to her mouth.

“It is a possibility that after shooting someone, one starts to feel sorry for themselves,” said Nel.

“That I am going to spend days in court, am going to jail and my career is gone.

“We say that is spontaneous defence.”

He said that might have been part of his planning – either by the defence, or pre- or post murder.

Magistrate Desmond Nair stepped in and questioned Nel’s line of argument.

“If it’s premeditated, could the plan have included moving the furniture in the house (to make it look like a real burglary),” asked Nair.

He wanted to know why Pistorius did not break a window to prove a burglar or remove the dogs.

“I’m not saying the murder of Reeva Steenkamp was planned weeks or days ahead. We say it was planned on the night,” said Nel.

“I don’t have evidence he planned it (the murder) two or three days before the shooting,” said Nel, with Pistorius’ family visibly upset.

Earlier he said that it could not be a coincidence that witnesses said they heard a woman’s screams before Steenkamp was shot dead.

“Are they lying? Why would independent people lie?” he asked.

The case continues.

- Sapa