I’m wrapping up this live blog now, but you can read a full summary in the post below and our news story is here:
Pistorius granted bail: summary
- Oscar Pistorius will stay out of jail at least until he returns to court on 18 April 2016 after Judge Aubrey Ledwaba agreed that he should remain on bail, despite his fresh conviction for the murder of Reeva Steenkamp.
- Bail was set at just 10,000 rand (less than £500), payable by Friday, after the defence said Pistorius had no money left.
- Ledwaba said it would not be in the interests of justice to restrict Pistorius to house arrest at his uncle’s Pretoria home for 24 hours a day, as the state had requested, so allowed him to keep his current freedom to leave the house between 7am and midday every day.
- He will be electronically tagged, and must keep within a 20km radius of the house and surrender his passport.
We also learned that the defence will submit an appeal to the constitutional court against the murder conviction.
Pistorius 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).
The 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.
He must hand over his passport and must not apply for a new one.
Judge grants bail
Ledwaba says he does not think it is in the interests of justice for Pistorius not to leave the house at all.
He makes the following order:
- Case postponed till 18 April 2016.
- Pistorius is released on bail of 10,000 rand.
Judge: Pistorius is not a flight risk
Ledwaba says the defence wants bail to be granted while Pistorius applies to appeal against his murder conviction in the constitutional court.
He says Pistorius has proved that he is not a flight risk.
Even when facing possible life imprisonment, when charged with premeditated murder, he kept his bail conditions.
The state and the defence broadly agree on the bail application, the judge says.
But it is up to the court to decide, he points out, as is the case with any bail conditions.
Ledwaba asks Pistorius to stand.
Since the accused has now been accused of a more serious crime that could attract a sentence of 15 years or more, the judge says, the court needs to look carefully at the bail application.
Ledwaba asks about the 10,000 rand bail.
Nel says it needs to be paid to the court registrar by this Friday or bail will lapse.
Court resumes
Judge Aubrey Ledwaba is back to deliver his ruling on whether Pistorius can remain on bail under house arrest, or must return to jail.
We are still waiting for the judge to return with his decision on bail.
Two key revelations from the hearing so far:
- The terms of Pistorius’ current house arrest allow him to leave his uncle’s home every day between 7am and midday. Although we knew he was carrying out community service, those precise terms were not previously known.
- The bail bond now offered by the defence is just 10,000 rand (less than £500), as Pistorius, according to his lawyer, has no money.
A smiling #OscarPistorius at his bail hearing, he is going to appeal his murder conviction pic.twitter.com/dUqxG9y7id
— Stephanie Findlay (@SJFindlay) December 8, 2015
Bail hearing: what we learned
While we wait for the judge’s decision, here’s what the hearing revealed:
- Oscar Pistorius will appeal against his conviction for murder, taking the challenge to the constitutional court.
- In the meantime, the defence argues that he should be allowed to remain on bail, albeit under stricter house arrest conditions.
- The state does not oppose bail, but wants Pistorius’ current permission to leave his uncle’s home between 7am and midday rescinded. Chief prosecutor Gerrie Nel told the court:
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.
- Judge Aubrey Ledwaba said he was minded to allow Pistorius to travel outside the house within a certain radius, but has not yet given his final ruling.
- Both sides have agreed that Pistorius should be subject to electronic monitoring.
- Bail is now fixed at 10,000 rand (less than £500), rather than a previous 1m rand guarantee. Defence attorney Barry Roux told the court of the higher sum:
He doesn’t have that money.
Updated
Judge 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 judge adjourns the court for 15 minutes to consider his decision.
I’ll have that ruling in this live blog as soon as court resumes.
Judge Ledwaba says he is strongly considering allowing Pistorius to leave the house, but only to travel within a certain radius.
It depends on what the radius would be, Nel says.
I would want a radius of 10km around his house, the prosecutor eventually concedes.
Roux says such a radius was provided for by the defence, which suggested the magisterial district of Tshwane.
Ledwaba asks the size of the district; it’s apparently about 30km.
There’s an airport in that district, Nel argues – he doesn’t want Pistorius anywhere near that.
The only thing Pistorius can lose in absconding is 10,000 rand, Nel says – Roux has already pointed out that this bail bond is the most the defendant can afford.
Even with electronic monitoring, it’s easier to monitor someone in a specific place. The state doesn’t want to have to monitor his movements if he is travelling out of the house every day.
Things 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.
The judge wants to know why the state wants to change the terms of the house arrest, 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 that he should not leave the house at any time.
Nel is back on his feet.
He says the state is “comfortable” that the house arrest and electronic monitoring.
He doesn’t think the appeal to the constitutional court will be successful, but acknowledges Pistorius’ right to do so.
Pistorius 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 criminal justice system.
Pistorius will appeal to the constitutional court
Roux confirms that Pistorius will appeal to the constitutional court.
Bail is fixed at 10,000 rand, Roux says.
The previous 1m rand guarantee has been cancelled, Roux says:
He doesn’t have that money.
Pistorius has served the “sentence required” of his original five-year term, Roux says – that is, one-sixth of the sentence in prison, the remainder under house arrest (where he is currently).
The accused has offered to proceed with the house arrest, but with stricter conditions.
Roux says defence and state have agreed that Pistorius should remain under house arrest, leaving the premises only with the permission with the investigating officer or the prosecuting authority.
Pistorius would also consent to “electronic monitoring”.
The precedent throughout the case has been that Pistorius has been allowed bail, 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.
Barry Roux, for the defence, submits an affidavit in support of bail.
Pistorius was previously allowed bail when charged with premeditated murder, Roux points out.
Updated
Nel tells the judge that the defendant is now a “convicted murderer”.
But he is not opposing the application for bail.
Hearing begins
Deputy judge president Aubrey Ledwaba has arrived in court.
Chief prosecutor Gerrie Nel begins for the state.
#OscarPistorius -Talking to his lawyer Barry Roux as we wait for Judge Aubrey Ledwaba to walk in. pic.twitter.com/kljYFQsgUm
— Milton Nkosi (@nkosi_milton) December 8, 2015
Reporters in the high court say no members of Pistorius’ family have accompanied him to court today, apparently at his request.
No members of Reeva Steenkamp’s family are expected to attend either.
Updated
Oscar Pistorius has arrived in court:
#OscarPistorius has just arrived in court. GN pic.twitter.com/cGHBiT9vKU
— Gia Nicolaides (@GiaNicolaides) December 8, 2015
#OscarPistorius enters court and immediately starts signing documents. BB pic.twitter.com/WXhEJWRHY3
— EWN Reporter (@ewnreporter) December 8, 2015
It is also possible that we will hear today if the defence team intends to appeal the supreme court ruling:
#OscarPistorius it’s believed Pistorius will tell the court that he intends appealing his murder conviction at the Constitutional Court. BB
— Barry Bateman (@barrybateman) December 8, 2015
#OscarPistorius is expected to place on record the grounds for his appeal - he has 15 days to file papers at the ConCourt. BB
— Barry Bateman (@barrybateman) December 8, 2015
South African legal experts have said it could be possible for Pistorius to appeal to the constitutional court, but this is a rare step.
The key to such an appeal might be for the defence to argue that he did not receive a fair trial – for example, if potential witnesses were deterred because the trial was televised worldwide.
Alternatively it could hinge once again on the court’s interpretation of the law around dolus eventualis (read more about that here).
The appeal court ruling
-
Oscar Pistorius was last week found guilty of the murder of Reeva Steenkamp, in an appeal court ruling that set aside his original conviction for culpable homicide. The supreme court judges decided:
As a result of the errors of law … and on a proper appraisal of the facts, he ought to have 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.
- The panel of five judges, who were unanimous in their verdict, said Pistorius’ evidence and explanations for killing Steenkamp were “implausible” and he had “never offered an acceptable explanation” for firing four times through a closed door.
- The appeal court said the original trial judge, Thokozile Masipa, had been wrong on several points of law, chief among them her conclusion that Pistorius had not foreseen that his actions could kill somebody (dolus eventualis).
- Justice Eric Leach, reading the ruling on behalf of the bench, said:
I have no doubt … the accused must have foreseen and therefore did foresee that whoever was behind that door might die.
- The judges said it was clear that Pistorius had criminal intent in firing, and was therefore guilty of murder by dolus eventualis (see here for what that means).
Today’s bail hearing will determine whether Pistorius remains out of prison – albeit under house arrest conditions – until he appears again in front of Judge Masipa for fresh sentencing.
Opening summary
Oscar Pistorius will appear in court today to hear if he will return to jail immediately, after the supreme court last 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.
On Tuesday at around 9.30am local time (7.30am GMT/6.30pm AEDT), Pistorius will appear at the North Gauteng high court in front of deputy judge president Aubrey Ledwaba.
It is not yet known if the state will oppose bail, or will seek more stringent restrictions on his house arrest.
The National Prosecuting Authority (NPA) had been expected to request a warrant for his arrest to guarantee his presence in court today, but his lawyers said he would appear on the basis of “voluntary surrender”.
It’s also likely that the court today will set a date – almost certainly in 2016 – for the fresh sentencing on the murder conviction.
And we could hear if the defence intends to launch its own appeal, to the constitutional court, against the supreme court decision.
I will be covering the hearing live here, and will post key developments @Claire_Phipps.
