11 Apr 2014

Pistorius ‘knew Reeva was behind toilet door’ when he fired

In another tough day of cross-examination, Gerrie Nel – “the bulldog” – claims Oscar Pistorius knew Reeva Steenkamp was behind the toilet door when he shot her dead on Valentine’s Day last year.

  • The aggressive cross-examination continued, with Gerrie Nel claiming Pistorius shot Reeva Steenkamp as the couple were in conversation.
  • Mr Nel suggestde inconsistency in Pistorius’s testimony, accusing him of “tailoring evidence” relating to the final moments before he opened fire.
  • The sprinter was challenged on why Steenkamp did not scream when he shot her.
  • “I think you’re trying to cover up for lies,” chief prosecutor told athlete.
  • The court is ajourned early, as Mr Pistorius appears exhausted.

The court in Pretoria heard that Oscar Pistorius shot his girlfriend through a toilet door as they were arguing, at the end of a dramatic week of interrogation.

Mr Nel said that the accused had intentionally killed Reeva Steenkamp and put it to him that “she was standing behind the toilet door talking to you when you shot her”. Mr Nel, one of South Africa’s top lawyers, said it was incomprehensible that Steenkamp would have remained silent in the tiny cubicle.

Pistorius replied “that’s not true” in a dramatic exchange to end the first week of the runner’s evidence at his trial. But Mr Nel said the “only reasonable explanation” for the shooting last year is that he killed the model after a fight.

Defence

Mr Pistorius claims he killed Reeva Steenkamp by accident after mistaking her for an intruder in the early hours of 14 February last year. He faces 25 years to life in prison if convicted of premeditated murder, but he could also face lesser charges of manslaughter.

Earlier on Friday, Mr Nel examined the details of the alarm system at Pistorius’s house, asking why the athlete would believe an intruder had broken into his home when he had extensive security measures, including interior and exterior sensors.

Pistorius said he activated the sensors on the home alarm system before going to sleep on the night he killed Steenkamp, but feared that building contractors doing work on his house might have moved some of the security beacons.

You’re trying to cover up for lies and I’m not convinced. Gerrie Nel

The prosecutor said Pistorius had not mentioned immediately after the shooting that he had fears that building contractors had removed some of the security beacons, specifically near the bathroom window where he allegedly thought an intruder might have gained access on the night he killed Steenkamp.

Querying why Pistorius had not mentioned those fears earlier, Mr Nel said that Pistorius was trying to build a story to explain his fears of an intruder – and therefore a mistaken shooting. “This is the biggest example of you tailoring your evidence,” Mr Nel said.

‘You’re trying to cover up for lies’

The exchange marked a dramatic week in which Mr Nel has doggedly pursued his central allegation – that the couple had an argument and Steenkamp fled to the toilet pursued by Pistorius, who then shot her through the closed wooden door.

Pistorius denies that version of events – and any claims of fabrication.

Read more: Make-or-break time for Pistorius has he testifies in court

Earlier in the day, Pistorius said he was struggling to give clear testimony because he was tired, prompting the judge to ask him if he was too tired to proceed with a tough cross-examination from the chief prosecutor.

Pistorius was responding to a question from Mr Nel, who pointed to a lack of clarity in the double-amputee runner’s testimony about whether he turned off the alarm inside his home on the night. Mr Pistorius said he “must have” turned off the alarm, which Mr Nel described as a vague response.

The prosecutor then asked Mr Pistorius, who acknowledged making a mistake in his testimony, if he needed time before continuing with his testimony. “I don’t need time,” the Olympic athlete said. “I am tired. It’s not going to change.”

Mr Nel responded: “You’re trying to cover up for lies and I’m not convinced.”

Judge Thokozile Masipa interjected, asking Pistorius if he was too tired to proceed. “You can be at a disadvantage when you’re in that box,” she said, adding that it was not fair to the court if he was not alert during the proceedings.

The court was adjourned early and will resume again on Monday.