Legalbrief | your legal news hub Wednesday 29 September 2021

Pistorius to face premeditated charges

Oscar Pistorius' murder case was postponed to tomorrow (Tuesday) by Magistrate Desmond Nair of the Magistrate's Court, after a highly charged first appearance on Friday.

A report on the IoL site says he will stay in police custody at the Brooklyn police station until his appearance tomorrow. Pistorius heard the state intended pursuing a case of premeditated murder against him, following the shooting of his girlfriend Reeva Steenkamp at his home on Valentine's Day. The postponement was granted to allow the defence time for further preparation, and to properly categorise the charge against him in terms of the Criminal Procedure Act (CPA). There is also expected to be clarity on whether the crime he is charged with falls under Sections five or six of the CPA. Full report on the IoL site

Defence counsel Barry Roux SC wants his client to be charged under Schedule 5 of the CPA, not Schedule 6, says a Beeld report. Roux reportedly said his team aims to conduct independent investigations and present facts to the state on why the charge should be handled as a Schedule 5 offence which will improve Pistorius' chances of succeeding with a bail application. He said an independent investigation could be started only when they have access to Pistorius' house. Full Beeld report

Another Beeld report notes the case pits legal heavyweights against each other. Roux, one of the country's best-known criminal counsel, will be taking on former Gauteng Scorpions boss Gerrie Nel just as he did in the high-profile murder trial of Kempton Park dentist Casper Greeff 12 years ago. Greeff was sentenced to life imprisonment for murdering his wife, Estelle. The report notes that Roux is also acting on behalf of controversial businessman Dave King. He acted on behalf of Lieutenant-General Lothar Neethling in the 1990s when the police boss sued Vrye Weekblad and the Weekly Mail for R1.5m damages. Nel, on the other hand, is in the process of prosecuting André Gouws and Nigerian Olympic athlete Ambrose Monye in the North Gauteng High Court. They are charged with the murder of Chanélle Henning. He also headed the prosecuting team against disgraced former National Police Commissioner Jackie Selebi. Full Beeld report