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Carl Pistorius in court over road death Carl Pistorius in court over road death
(about 9 hours later)
The brother of the Olympic athlete Oscar Pistorius has gone on trial in a South African court for the death of a woman in a road collision in 2008. The brother of Oscar Pistorius pleaded not guilty to a charge of culpable homicide or negligent killing on Wednesdayfor the death of a female motorcyclist in a road accident in 2008.
Carl Pistorius, who faces a charge of culpable homicide, wore a dark suit and was accompanied by his sister, Aimee. Oscar Pistorius, who was charged with murdering his girlfriend on 14 February, was not present. Carl Pistorius, the Paralympian's older sibling, also pleaded not guilty to two charges of driving in a reckless and inconsiderate manner. He was accompanied by his younger sister, Aimee, and other relatives and friends for the first day of his trial at a court in Vanderbijlpark, a city south of Johannesburg.
He has not been seen since he was granted bail at Pretoria magistrates court on 22 February. His lawyers plan to challenge his bail restrictions on Thursday. Oscar Pistorius, who is accused of murdering his girlfriend Reeva Steenkamp on 14 February, a charge he denies, was not present and has not been seen in public since he was granted bail at Pretoria magistrates court on 22 February. His lawyers plan to challenge his bail restrictions on Thursday.
Initial proceedings in Carl Pistorius's case at Vanderbijlpark magistrates court in Johannesburg focused on a request by South Africa's national broadcaster, SABC, to show the trial proceedings live on television or record them for later use. Carl's trial was adjourned until next week to give lawyer Kenneth Oldwadge, also part of Oscar's defence team, time to help prepare Oscar's bail appeal at the high court in Pretoria.
Magistrate Buks du Plessis said reporters could attend the trial but turned down SABC's request, saying he wanted to prevent "emotional hype" and that any public interest in the trial stemmed only from the intense interest in the murder case against Oscar Pistorius. Photojournalists were not allowed to cover the trial while it was in session. Prosecutors say Carl Pistorius was driving an SUV in March 2008 when he collided with a female motorcyclist in Vanderbijlpark. The 36-year-old woman, initially named as Marietjie Barnard by prosecutors but referred to as Maria Barnard in court on Wednesday, died in a hospital six days later.
"He's not a celebrity in his own right," Du Plessis said of Carl Pistorius. Addressing the accused directly, the magistrate added: "Apologies to you, sir." Although the case against Carl was initially removed from the court docket, it was reinstated because forensic evidence and reports from the accident scene became available, the prosecution said.
Kenneth Oldwadge, defending, said the legal team for Oscar Pistorius had been "overwhelmed by the media" and similar press scrutiny would make it difficult to work in court during Carl Pistorius's case. The Pistorius family said last month that Carl deeply regretted the incident but insisted he had not been drinking and it was a "tragic accident".
Oldwadge cited a comment by the judge at the athlete's bail hearing, that the media treated him like an "unusual species". In court, defense lawyer Oldwadge said the heart of Carl Pistorius's defense would be their assertion that Barnard, a member of a local motorcycling club, was intoxicated at the time of the accident and had been drinking that day. Oldwadge argued that she was the one driving recklessly when he cross-examined the state's first witness.
Prosecutors say Carl Pistorius was driving an SUV in March 2008 when he collided with a motorcyclist. The victim, Marietjie Barnard, died in hospital. Initial proceedings in Carl Pistorius' trial had focused on a request by South Africa's national broadcaster, SABC, to show the trial proceedings live on national television or record them for later use.
Although the culpable homicide charge was dropped initially, it was reinstated this year because forensic evidence and reports from the scene of the accident became available, according to prosecutors. Magistrate Du Plessis said reporters could attend the trial but turned down the SABC request, saying he wanted to guard against the "emotional hype" and that any public interest in the trial stemmed only from the intense interest in the murder case against Oscar Pistorius.
The Pistorius family said last month Carl deeply regretted the incident but insisted it was a "tragic accident". He was not under the influence of alcohol at the time, the family added. In opposing the application to have the court proceedings broadcast, Oldwadge said the legal team for Oscar Pistorius had been "overwhelmed by the media" during his bail hearing and that similar press scrutiny would make it difficult to work in court during the older brother's case.
Meanwhile, Oscar Pistorius's legal team filed an appeal against some of his bail conditions on 7 March, objecting to him being prevented from travelling outside of South Africa, even though a magistrate said he was not a flight risk when granting him 1m rand (£71,000) bail. Oldwadge cited a comment by the chief magistrate in Oscar Pistorius' bail hearing that the media treated the Olympic sprinter and multiple Paralympic champion like some kind of unusual "species" instead of a human being.
They are also challenging an alcohol ban and a ruling that Oscar Pistorius must not speak to residents at the gated estate where he shot Reeva Steenkamp dead on Valentine's Day. Oscar's legal team filed an appeal against some of his bail conditions on March 7, objecting to him being not allowed to travel outside of South Africa even though a magistrate said he was not a flight risk when granting him 1 million rand ($108,000) bail.
The athlete denies murdering his girlfriend and says he shot her by mistake, fearing an intruder was in his home, however prosecutors claim he killed her intentionally after an argument. He is scheduled to appear in court on 4 June. They are also challenging an alcohol ban and a ruling that Pistorius cannot speak with residents at the gated estate where he shot Steenkamp dead in the early hours of Valentine's Day, among other conditions.
The athlete denies murdering Steenkamp and says he shot her by mistake, fearing an intruder was in his home. Prosecutors say he killed her intentionally following an argument.
Oscar Pistorius must appear in court again on 4 June. His brother must return to the Vanderbijlpark court next Wednesday.