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Oscar Pistorius prepares to testify as prosecution rests case Oscar Pistorius prepares to testify as prosecution rests case
(about 17 hours later)
Prosecutors closed their case against Oscar Pistorius on Tuesday, but it remains uncertain when the athlete will give evidence in his own defence. Oscar Pistorius admitted he is having a "tough time" on Tuesday as prosecutors closed their murder case against him, bringing closer the defining moment when he must account for his actions in court.
"That is the state's case," the lead prosecutor Gerrie Nel told the court, having called 20 witnesses from an original list of 107 to support the state's argument that the Paralympic sprinter deliberately killed his girlfriend Reeva Steenkamp. Speaking publicly for the first time since his trial got under way amid intense worldwide interest, the Paralympian, asked by the Guardian to reflect on the state's case, paused and replied softly: "We've got a lot of stuff ahead of us."
The defence then called an adjournment and declined to comment on whether Pistorius would be first to testify when the trial resumes on Friday. Asked by journalists whether he was prepared, a tired-looking Pistorius replied: "It's a tough time." Pistorius is accused of murdering his girlfriend Reeva Steenkamp at his luxury home in Pretoria, South Africa, on Valentine's day last year. He insists that it was an accident after he mistook her for an intruder.
Legal experts say it is not compulsory for the accused to testify first, but generally preferable as a show of confidence and to ensure he is not contradicted. Among Pistorius's defence team, Barry Roux declined to comment and Brian Webber said it was likely he would be called on Friday, but Kenny Oldwadge said: "We'll see about that."
Prosecutors will not set out their final argument until the end of the trial, but the thread running through their case was that Pistorius and Steenkamp argued and that several neighbours heard terrified screams and gunshots. They have sought to portray the athlete as fanatical about guns and reckless in using them.Prosecutors will not set out their final argument until the end of the trial, but the thread running through their case was that Pistorius and Steenkamp argued and that several neighbours heard terrified screams and gunshots. They have sought to portray the athlete as fanatical about guns and reckless in using them.
Asked by the Guardian how he felt about the case built by the state over the past three and a half weeks, Pistorius paused for a long time, then said softly: "We've got a lot of stuff ahead of us." "May it please the court, my lady, this is the state's case," the lead prosecutor Gerrie Nel told the court, having called 20 witnesses from an original list of 107.
In an unusually detailed bail application statement last year, Pistorius argued that he shot four times through a locked toilet door after mistaking Steenkamp for an intruder. The defence then requested an adjournment but it remains uncertain whether the 27-year-old will be first to testify when the trial resumes on Friday. Asked by journalists whether he was prepared, a tired-looking Pistorius replied: "It's a tough time."
Legal experts say it is not compulsory for the accused to testify first, but generally preferable as a show of confidence and to ensure he is not contradicted. Among Pistorius's defence team, Barry Roux declined to comment and Brian Webber said it was "likely" he would be called on Friday, but Kenny Oldwadge said: "We'll see about that."
A member of the Pistorius family insisted: "He's ready. You don't have to be a legal expert to see where this is going."
In an unusually detailed bail application statement last year, Pistorius argued that he shot four times through a locked toilet door after hearing a noise and thinking there was burglar.
On Monday the court heard evidence from WhatsApp message records that Steenkamp was sometimes scared of her boyfriend. But on Tuesday Roux argued that only four conversations were argumentative out of more than 1,700 messages between the pair. More than 90% were warm and loving, he said.On Monday the court heard evidence from WhatsApp message records that Steenkamp was sometimes scared of her boyfriend. But on Tuesday Roux argued that only four conversations were argumentative out of more than 1,700 messages between the pair. More than 90% were warm and loving, he said.
"There was a disagreement, unhappiness, but if you look at the messages, it was resolved very quickly," he told the court."There was a disagreement, unhappiness, but if you look at the messages, it was resolved very quickly," he told the court.
Roux drew attention to messages in which the couple used pet names such as "angel" and "baba", traded compliments and said they missed each other. In one WhatsApp message, Steenkamp wrote to Pistorius: "I'm always on your side. I'm pro you and your career but most pro our relationship."Roux drew attention to messages in which the couple used pet names such as "angel" and "baba", traded compliments and said they missed each other. In one WhatsApp message, Steenkamp wrote to Pistorius: "I'm always on your side. I'm pro you and your career but most pro our relationship."
In another, on 9 January, she wrote: "You are a very special person. You deserve to be looked after."In another, on 9 January, she wrote: "You are a very special person. You deserve to be looked after."
Roux also noted an exchange from 19 January 2013 in which Steenkamp sent Pistorius a photo of herself in a hoodie and blowing a kiss, followed by the message: "You like it?"Roux also noted an exchange from 19 January 2013 in which Steenkamp sent Pistorius a photo of herself in a hoodie and blowing a kiss, followed by the message: "You like it?"
"I love it," Pistorius replied. "So warm," Steenkamp responded."I love it," Pistorius replied. "So warm," Steenkamp responded.
A month later the model and law graduate asked: "Can I cook for you on Thursday?" – a reference to Valentine's Day, which is when she died.A month later the model and law graduate asked: "Can I cook for you on Thursday?" – a reference to Valentine's Day, which is when she died.
On 13 February, Steenkamp told Pistorius: "You are an amazing person with so many blessings and you are more than cared for."On 13 February, Steenkamp told Pistorius: "You are an amazing person with so many blessings and you are more than cared for."
The athlete told her: "Stay tonight if you like."The athlete told her: "Stay tonight if you like."
Nel countered, however, that the only messages of significant length recovered from the couple's phones were Steenkamp's anguished pleas after she felt mistreated.Nel countered, however, that the only messages of significant length recovered from the couple's phones were Steenkamp's anguished pleas after she felt mistreated.
Francois Moller, a police technology expert, gave details of several calls made from Pistorius's phone in quick succession after the shooting. The first was at 3.19am on 14 February to a manager at his residential estate in Pretoria.Francois Moller, a police technology expert, gave details of several calls made from Pistorius's phone in quick succession after the shooting. The first was at 3.19am on 14 February to a manager at his residential estate in Pretoria.
He also called an ambulance and his estate security, and there were calls to a friend, to Pistorius's brother Carl and to Peet van Zyl, his longtime manager.He also called an ambulance and his estate security, and there were calls to a friend, to Pistorius's brother Carl and to Peet van Zyl, his longtime manager.
Police analysis showed that a five-minute internet connection was made on Pistorius's phone from 1.48am on 14 February, little more than an hour before he killed Steenkamp, when he claims the couple were asleep. Moller did not specify whether the connection was manual or automatic.Police analysis showed that a five-minute internet connection was made on Pistorius's phone from 1.48am on 14 February, little more than an hour before he killed Steenkamp, when he claims the couple were asleep. Moller did not specify whether the connection was manual or automatic.
Roux showed colour CCTV footage showing the couple flirting with each other while buying groceries 10 days before her death. At one point Pistorius was seen to lean over and kiss Steenkamp.Roux showed colour CCTV footage showing the couple flirting with each other while buying groceries 10 days before her death. At one point Pistorius was seen to lean over and kiss Steenkamp.
The court heard that just 11 crime incidents were reported in Pistorius's gated community, the Silver Woods estate, in three years. Hendrick Maritz, a police warrant officer, said he could find no record of Pistorius having reported being a victim of crime, contrary to claims the athlete made at last year's bail hearing.The court heard that just 11 crime incidents were reported in Pistorius's gated community, the Silver Woods estate, in three years. Hendrick Maritz, a police warrant officer, said he could find no record of Pistorius having reported being a victim of crime, contrary to claims the athlete made at last year's bail hearing.
If found guilty, Pistorius could face life imprisonment.If found guilty, Pistorius could face life imprisonment.