Top Pistorius detective removed

01:06, Feb 22 2013
Reeva Steenkamp funeral
A mourner leaves after the memorial service.
Reeva Steenkamp funeral
Barry Steenkamp leaves after a memorial service for his daughter.
Reeva Steenkamp funeral
Mike Steenkamp, the uncle of model Reeva Steenkamp, and her brother Adam (R) speak to the media after a memorial service for her at the Victoria Park Crematorium in Port Elizabeth.
Reeva Steenkamp funeral
Pall bearers carry in the model's coffin ahead of the service at the Victoria Park Crematorium.
Oscar Pistorius
The couple snapped at an event last year.
Oscar Pistorius
Police vehicles enter the private townhouse complex where Oscar Pistorius lives on the day of the murder.
Oscar Pistorius
Pistorius breaks down during his first court appearance in Pretoria.
Oscar Pistorius
A newspaper vendor sets up his stall outside the court. The case has captured the attention of South Africa, as well as the world.
Oscar Pistorius
Pistorius (covered in black jacket) arrives with police ahead of a court appearance.
Oscar Pistorius
Pistorius's father Henke waits for the start of court proceedings.
Oscar Pistorius
Oscar Pistorius' sister Aimee, brother Carl and father Henke.
Oscar Pistorius
Oscar Pistorius stands in the dock during a break in court proceedings at the Pretoria Magistrates court, a day after he was charged with mudering his girlfriend Reeva Steenkamp.
Every move by Oscar Pistorius in court is under intense scrutiny from the media.
Hilton Botha
Hilton Botha was dropped as the lead detective on the Oscar Pistorius case after shock revelations that he had been charged with attempted murder.
Supporters of Oscar Pistorius celebrate after he was granted bail.
Arnold Pistorius, uncle of Oscar Pistorius, talks to the media after the hearing.
Oscar Pistorius (C) is pictured through a car window as he leaves court after being released on bail.
Oscar Pistorius and his sister Aimee leave the Pretoria Magistrates court.

Ahead of a judge's decision tonight on whether to release Oscar Pistorius on bail, South African police have  appointed a new chief detective in the murder case, replacing a veteran policeman who was himself charged with attempted murder.

The sensational twist in the state's troubled investigation fuelled growing public fascination with the case against the double-amputee Olympian, who is charged with premeditated murder in the shooting death of his girlfriend, Reeva Steenkamp, in the early hours of Valentine's Day.

Pistorius, a sporting icon and source of inspiration to millions until the shooting a week ago, is backed by a high-powered team of lawyers and publicists.

The abruptness of his fall, and its gruesome circumstances, have gripped a global audience and put South Africa's police and judicial system under the spotlight.

The man at the centre of the storm sat in the dock during his bail hearing, mostly keeping his composure in contrast to slumped-over outbursts of weeping and sobbing on previous days in court.

In front of Pistorius, defence lawyer Barry Roux pounced on the apparent disarray in the state's case, laying out arguments that amounted to a test run for the full trial yet to come.

Roux pointed to what he called the "poor quality" of the state's investigation and raised the matter of intent, saying Pistorius and Steenkamp had a "loving relationship" and the Olympian therefore had no motive to plan her killing.

Pistorius, 26, said he mistook Steenkamp for an intruder when he shot her through a locked door in a bathroom in his home.

 Prosecutors believe the shooting happened after the couple got into an argument, and prosecutor Gerrie Nel painted a picture of a man he said was "willing and ready to fire and kill."

Much of the drama last night, however, happened outside the courtroom as South African police scrambled to get their investigation on track.

In a news conference at a training academy, National Police Commissioner Riah Phiyega said a senior detective would gather a team of "highly skilled and experienced" officers to investigate the killing of 29-year-old Steenkamp, a model and budding reality TV contestant.

The decision to put police Lieutenant General Vinesh Moonoo in charge came soon after word emerged that the initial chief investigator, Hilton Botha, is facing attempted murder charges, and a day after he offered testimony damaging to the prosecution.

Botha acknowledged earlier in court that nothing in Pistorius' version of the fatal shooting of Steenkamp contradicted what police had discovered, even though there have been some discrepancies.
 Botha also said that police had left a 9mm slug in the toilet and had lost track of allegedly illegal ammunition found in Pistorius' home.

"This matter shall receive attention at the national level," Phiyega told reporters soon after the end of proceedings in the third day of Pistorius' bail hearing.

Bulewa Makeke, spokeswoman for South Africa's National Prosecuting Authority, said the attempted murder charges had been reinstated against Botha on February 4.

Police say they found out about it after Botha testified in Pistorius' bail hearing overnight on Wednesday.

Botha and two other police officers had seven counts of attempted murder reinstated against them in relation to a 2011 shooting incident.

Botha and his two colleagues allegedly fired shots at a minibus they were trying to stop.

Makeke indicated the charges were reinstated against Botha because more evidence had been gathered.

She said the charge against Botha was initially dropped "because there was not enough evidence at the time."

Pistorius' main sponsor Nike, meanwhile, suspended its contract with the multiple Paralympic champion, following eyewear manufacturer Oakley's decision to suspend its sponsorship.

Nike said in a brief statement on its website: "We believe Oscar Pistorius should be afforded due process and we will continue to monitor the situation closely."


Last night, Chief Magistrate Desmond Nair asked the defence of Pistorius' bail application: "Do you think there will be some level of shock if the accused is released?"

Defence lawyer Roux responded: "I think there will be a level of shock in this country if he is not released."

Prosecutor Nel suggested signs of remorse from Pistorius had nothing to do with whether he planned to kill his girlfriend.

"Even if you plan a murder, you plan a murder and shoot. If you fire the shot, you have remorse. Remorse might kick in immediately," Nel said.

As Nel summed up the prosecution's case opposing bail, Pistorius began to weep in the crowded courtroom, leading his brother, Carl Pistorius, to reach out and touch his back.

"He (Pistorius) wants to continue with his life like this never happened," Nel went on, prompting Pistorius, who was crying softly, to shake his head.

"The reason you fire four shots is to kill," Nel persisted.

Earlier, Nair questioned Botha over delays in processing records from phones found in Pistorius' house following the killing of Steenkamp.

"It seems to me like there was a lack of urgency," Nair said as the efficiency of the police investigation was questioned.

Botha is himself to appear in court in May to face seven counts of attempted murder.

Botha was dropped from the case but not suspended from the police force, Phiyega said, and could still be called by defence lawyers at trial.

Pistorius, in the same gray suit, blue shirt and gray tie combination he has worn throughout the bail hearing, stood ramrod straight in the dock, then sat calmly looking at his hands.

Roux said an autopsy showed that Steenkamp's bladder was empty, suggesting she had gone to use the toilet.

Prosecutors say Steenkamp had fled to the toilet to avoid an enraged Pistorius.

"The known forensics is consistent" with Pistorius' statement, Roux said, asking that bail restrictions be eased for Pistorius.

But the prosecutor said Pistorius hadn't given guarantees to the court that he wouldn't leave the country if he was facing a life sentence.

 Nel also stressed that Pistorius shouldn't be given special treatment.

"'I am Oscar Pistorius. I am a world-renowned athlete.' Is that a special circumstance? No." Nel said. "His version (of the killing) is improbable."

Nel said the court should focus on the "murder of the defenceless woman."

Botha earlier testified that he had investigated a 2009 complaint against Pistorius by a woman who said the athlete had assaulted her.

He said that Pistorius had not hurt her and that the woman had actually injured herself when she kicked a door at Pistorius' home.


The proceedings have gripped South Africans, who have found themselves debating the finer points of police forensics and the ins and outs of the criminal justice process.

As public opinion has swayed back and forth, schoolchildren have come to blows in playgrounds over the athlete's innocence or guilt, and on Thursday Hilton Botha was a top-trending topic on Twitter in South Africa.

"We talk about the case every day. It's all over the news. You can't ignore it," said Happy Ngwenya, a taxi driver waiting for rides in Johannesburg's Sandton financial district.

"He must face his music but the thing is, here in South Africa, criminals have so many rights."

With huge international media interest in the case against a global celebrity, many South Africans feel that apparent initial slip-ups by the police are hurting the country's image.

"Bring someone from outside to sort out this mess," said businessman Godfrey Baloyi. "The whole justice system needs an overhaul."

- AP and Reuters


HILTON BOTHA: Faces attempted murder charges for shooting at a minibus.