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Pistorius and the Pit Bull Pistorius Versus the Pit Bull: Fierce Prosecutor Shares Stage
(about 5 hours later)
PRETORIA, South Africa — It was a corruption trial that had transfixed South Africa, and the prosecutor was in no mood for mercy. The defendant was the nation’s top police official, a figure of such international stature that he had once led Interpol. But when he took the stand, his testimony — his wife, he said, had accidentally shredded evidence — was rejected outright by his inquisitor.PRETORIA, South Africa — It was a corruption trial that had transfixed South Africa, and the prosecutor was in no mood for mercy. The defendant was the nation’s top police official, a figure of such international stature that he had once led Interpol. But when he took the stand, his testimony — his wife, he said, had accidentally shredded evidence — was rejected outright by his inquisitor.
“You know what this means?” the prosecutor said. “That you are arrogant and that you lie.”“You know what this means?” the prosecutor said. “That you are arrogant and that you lie.”
When the trial ended, in 2010, the police commissioner, Jackie Selebi, was sentenced to 15 years, and the prosecutor, Gerrie Nel, had cemented a reputation for abrasive, in-your-face cross-examination that earned him a new nickname: the pit bull. When the trial ended in 2010, the police commissioner, Jackie Selebi, was sentenced to 15 years, and the prosecutor, Gerrie Nel, had cemented a reputation for abrasive, in-your-face cross-examination that earned him a new nickname: the pit bull.
Now, Mr. Nel is focusing the same judicial laser on Oscar Pistorius, the celebrated amputee sprinter charged with the murder of Reeva Steenkamp, his girlfriend, in a trial that has fixated a much broader audience around the world. Now, Mr. Nel is focusing the same judicial laser on Oscar Pistorius, the double-amputee sprinter charged with the murder of Reeva Steenkamp, his girlfriend, in a trial that has riveted a much broader audience around the world.
For the prosecutor’s admirers, the trial of Mr. Selebi — a turning point in the annals of post-apartheid South Africa — held other omens. For the prosecutor’s admirers, the trial of Mr. Selebi — a turning point in post-apartheid South Africa — held other omens.
During the investigation that preceded it, Mr. Nel, a prosecutor for more than three decades and a member of the country’s white Afrikaner minority, had been the regional leader of the Scorpions, an elite anti-crime unit of prosecutors and investigators. The group embroiled in a bare-knuckles political duel with other police units backed by powerful forces within the leadership of the governing African National Congress. During the investigation that preceded it, Mr. Nel, a prosecutor for more than three decades and a member of the country’s Afrikaner minority, had been the regional leader of the Scorpions, an elite anti-crime unit of prosecutors and investigators. The group was embroiled in a bare-knuckles political duel with other police units backed by powerful forces within the leadership of the governing African National Congress.
In January 2008, 20 of those officers burst into Mr. Nel’s home and arrested him early in the morning in front of his family, taking him off briefly to prison on corruption charges that were soon dropped — a highly unusual episode that illuminated the stakes at play and tested the prosecutor’s commitment to his calling. In January 2008, 20 of those officers burst into Mr. Nel’s home early one morning and arrested him in front of his family, taking him quickly off to prison on corruption charges that were soon dropped — a highly unusual episode that illuminated the stakes at play and tested the prosecutor’s commitment to his calling.
“Why would you put up with that unless it’s justice that you are after?” said Kim Hawkey, a legal expert and journalist, referring to the detention. “I don’t think anyone in that position could regard it as just a job.” “Why would you put up with that unless it’s justice that you are after?” said Kim Hawkey, a legal expert and journalist in Johannesburg, referring to the detention. “I don’t think anyone in that position could regard it as just a job.”
On Monday, Mr. Pistorius is scheduled to return to the stand, beginning the second week of his testimony and the fourth day of painstaking cross-examination by Mr. Nel that has propelled the prosecutor into a global limelight rivaling the athlete’s own renown as a fallen hero of the track. On Monday, Mr. Pistorius is scheduled to return to the stand, beginning the second week of his testimony and the fourth day of painstaking cross-examination by Mr. Nel that has propelled the prosecutor into a global limelight rivaling the athlete’s own renown.
Most graphically, Mr. Nel on Wednesday produced a photograph of Ms. Steenkamp’s head wounds, with her brains exposed, and demanded that Mr. Pistorius look at it. Most graphically, Mr. Nel on Wednesday produced a photograph of Ms. Steenkamp’s head wounds, with brain tissue exposed, and demanded that Mr. Pistorius look at it.
“That’s it — have a look, Mr. Pistorius,” the prosecutor snapped. “I know you don’t want to, because you don’t want to take responsibility, but it’s time that you look at it. Take responsibility for what you’ve done, Mr. Pistorius.”“That’s it — have a look, Mr. Pistorius,” the prosecutor snapped. “I know you don’t want to, because you don’t want to take responsibility, but it’s time that you look at it. Take responsibility for what you’ve done, Mr. Pistorius.”
Mr. Pistorius crumbled. “I don’t have to look at a picture,” he mumbled. “I was there.”Mr. Pistorius crumbled. “I don’t have to look at a picture,” he mumbled. “I was there.”
“Nel is a relentless prosecutor who argues with such intensity and sense of justice that it’s apparent he is personally invested in his cases,” said Mandy Wiener, an investigative journalist and the author of “Killing Kebble,” a study of another big case involving Mr. Nel. “For him, it’s about the facts. He can be very cold and very ruthless,” she said in a subsequent interview.“Nel is a relentless prosecutor who argues with such intensity and sense of justice that it’s apparent he is personally invested in his cases,” said Mandy Wiener, an investigative journalist and the author of “Killing Kebble,” a study of another big case involving Mr. Nel. “For him, it’s about the facts. He can be very cold and very ruthless,” she said in a subsequent interview.
Fellow prosecutors argue that Mr. Nel’s aggressive manner — by turn sarcastic, theatrical, skeptical and accusatory — is not unusual in South Africa.Fellow prosecutors argue that Mr. Nel’s aggressive manner — by turn sarcastic, theatrical, skeptical and accusatory — is not unusual in South Africa.
“He is doing it to provoke” Mr. Pistorius into acknowledging inconsistencies, a judicial official said of Mr. Nel’s hard-edge manner, speaking on the condition of anonymity because the case was still underway. “It’s relevant to the case. He’s not just doing it for the sake of it.”“He is doing it to provoke” Mr. Pistorius into acknowledging inconsistencies, a judicial official said of Mr. Nel’s hard-edge manner, speaking on the condition of anonymity because the case was still underway. “It’s relevant to the case. He’s not just doing it for the sake of it.”
But that has not prevented murmurings that Mr. Nel may have overstepped the bounds.But that has not prevented murmurings that Mr. Nel may have overstepped the bounds.
The judge in the case, Thokozile Masipa, warned him openly last week to stop calling Mr. Pistorius a liar while he was testifying. And the South African Human Rights Commission said on Friday that it had received a complaint that Mr. Nel’s persistent depiction of Mr. Pistorius as a liar infringed on the runner’s right to be presumed innocent and to have a fair trial.The judge in the case, Thokozile Masipa, warned him openly last week to stop calling Mr. Pistorius a liar while he was testifying. And the South African Human Rights Commission said on Friday that it had received a complaint that Mr. Nel’s persistent depiction of Mr. Pistorius as a liar infringed on the runner’s right to be presumed innocent and to have a fair trial.
For all of Mr. Nel’s renown in South Africa, his private life has been kept under wraps. He grew up in the deeply conservative north of the country, around the town of Potgietersrus, now renamed Mokopane.For all of Mr. Nel’s renown in South Africa, his private life has been kept under wraps. He grew up in the deeply conservative north of the country, around the town of Potgietersrus, now renamed Mokopane.
The few snippets about him that have emerged suggest some nuances beyond the public persona of a cropped-haired, courtroom-tough man, his leg cocked on a chair and his voice ranging from statement to sneer as he peers over tiny spectacles.The few snippets about him that have emerged suggest some nuances beyond the public persona of a cropped-haired, courtroom-tough man, his leg cocked on a chair and his voice ranging from statement to sneer as he peers over tiny spectacles.
Mr. Nel is, for instance, claustrophobic, according to Ms. Wiener, and avoids taking elevators. He doodles complex patterns on his legal pad. There are, she said, “no airs and graces about him.” In his downtime, he teaches young children how to wrestle, the Afrikaans newspaper Rapport said on Sunday, quoting one of his pupil’s mothers as saying he “has endless patience and never loses his temper; the children love him.”Mr. Nel is, for instance, claustrophobic, according to Ms. Wiener, and avoids taking elevators. He doodles complex patterns on his legal pad. There are, she said, “no airs and graces about him.” In his downtime, he teaches young children how to wrestle, the Afrikaans newspaper Rapport said on Sunday, quoting one of his pupil’s mothers as saying he “has endless patience and never loses his temper; the children love him.”
Even in the courtroom, he surprised some judicial experts by seeming to ease the pressure on Mr. Pistorius at a crucial moment on Friday when, for 31 seconds, the athlete was unable to say whether Ms. Steenkamp screamed as he fired the first of four shots in the early hours of Feb. 14, 2013. The prosecution says Mr. Pistorius committed premeditated murder, but the athlete says that her death was a tragic mistake. Even in the courtroom, he surprised some judicial experts by seeming to ease the pressure on Mr. Pistorius at a crucial moment on Friday when, for 31 seconds, the athlete was unable to say whether Ms. Steenkamp screamed as he fired the first of four shots early on Feb. 14, 2013. The prosecution says Mr. Pistorius committed premeditated murder, but the athlete says that her death was a tragic mistake.
“I’m giving the witness time to console himself,” Mr. Nel said. “He is distressed.”“I’m giving the witness time to console himself,” Mr. Nel said. “He is distressed.”
It was a moment of apparent compassion all the more dramatic for its infrequency. More usually, Rapport said, quoting a co-worker, “once he smells blood, he does not stop.” It was a moment of apparent compassion all the more dramatic for its infrequency. More usually, Rapport said, quoting a co-worker of Mr. Nel, “once he smells blood, he does not stop.”
Mr. Nel first figured in a high-profile case as a junior prosecutor in the trial of two white men convicted of the murder in 1993 of Chris Hani, a charismatic hero of South Africa’s liberation struggle, whose killing could have derailed the transition to democracy. His role earned him credentials in what came to be called the rainbow nation that succeeded apartheid. Mr. Nel figured in a high-profile case as a junior prosecutor in the trial of two white men convicted of the murder in 1993 of Chris Hani, a charismatic hero of South Africa’s liberation struggle, whose killing could have derailed the transition to democracy. His role earned him credentials in what came to be called the rainbow nation that succeeded apartheid.
In 1999, Mr. Nel became the founding head of the Gauteng division of the Scorpions, an elite corps modeled on Western prosecutorial systems and fusing investigators and prosecutors in a single body. He also became caught up in a power struggle between former President Thabo Mbeki and his successor, Jacob Zuma. In 1999, Mr. Nel became the founding head of the Gauteng division of the Scorpions, an elite corps modeled on Western prosecutorial systems and fusing investigators and prosecutors in a single body. He also became caught up in a power struggle between former President Thabo Mbeki and his successor, Jacob G. Zuma.
“The Scorpions decided they were going to defend the state from predators,” said Antony Altbeker, a researcher at the Center for Development and Enterprise in Johannesburg, who has written widely about the criminal justice system. Mr. Nel “was very much part of that.” “The Scorpions decided they were going to defend the state from predators,” said Antony Altbeker, a researcher at the Center for Development and Enterprise in Johannesburg, who has written widely about the criminal justice system. Mr. Nel “was very much part of that,” he added.
“They were making life tough for A.N.C. leaders who didn’t want their lives made tough,” he said in an interview. The Scorpions had “a righteousness about criminals. They saw themselves as avengers.”“They were making life tough for A.N.C. leaders who didn’t want their lives made tough,” he said in an interview. The Scorpions had “a righteousness about criminals. They saw themselves as avengers.”
As the power duels unfolded, though, Mr. Nel “was not seen as a political player,” a fellow prosecutor said. “He was drawn in by association. He is far more an operational person who likes the cut and thrust of being in court with difficult cases. He is very passionate about fighting crime.” As the power duels unfolded, though, Mr. Nel was not seen as a political player, a fellow prosecutor, who requested anonymity because the trial was still underway, said. “He was drawn in by association. He is far more an operational person who likes the cut and thrust of being in court with difficult cases. He is very passionate about fighting crime.”
In 2008, South Africa’s A.N.C.-dominated Parliament disbanded the Scorpions and Mr. Nel “had a tough time in the prosecuting authority,” said an official who spoke only on the condition of anonymity, citing departmental constraints. “People weren’t too keen to be seen with him.”In 2008, South Africa’s A.N.C.-dominated Parliament disbanded the Scorpions and Mr. Nel “had a tough time in the prosecuting authority,” said an official who spoke only on the condition of anonymity, citing departmental constraints. “People weren’t too keen to be seen with him.”
That may change with the trial, depending, of course, on its outcome. In the past few days, the columnist Sue de Groot wrote, the same people who had once cheered Mr. Pistorius on the track were now cheering for a different person: “for Gerrie Nel, the appointed agent of his downfall.” That may change with the trial, depending, of course, on its outcome. In the last few days, Sue de Groot, a columnist for The Sunday Times of South Africa, wrote that the same people who had once cheered Mr. Pistorius on the track were now cheering for a different person: “for Gerrie Nel, the appointed agent of his downfall.”