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It's not even murder - Pistorius defence

19 February 2013, 10:31

Pretoria - Paralympian Oscar Pistorius started crying in court on Tuesday as his lawyer denied that the alleged murder of his model girlfriend Reeva Steenkamp was pre-meditated.

"We submit it's not even murder," advocate Barry Roux told the Pretoria Magistrate's Court.

"There's no agreement there, not even concession that this is murder."

Roux cited American cases where jurists disagreed with the concept of pre-meditation, claiming it was hard to prove planning.

Roux suggested that Pistorius did not know Steenkamp was behind the door when he fired shots at it, and later broke the door down to help her, not to harm her.

He also said that there are "many murders" in security complexes, and these complexes give a false sense of security.

Pistorius, who was wearing a dark blue suit, lowered his eyes when argument started in his bail application, and broke down in tears when his lawyer started defending him.

He is charged with the murder of Steenkamp on Thursday.

Earlier, State prosecutor Gerrie Nel said the State's case was that her death was pre-meditated, and that it rejected that she may have been mistaken for a burglar when she was shot three times through a bathroom door.

"We say this in itself constitutes premeditated murder of a burglar," said Nel.

Earlier, Roux said Pistorius had no previous convictions and there were no other matters pending against him.



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