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Oscar Pistorius charge sheet

Oscar Pistorius charge sheet

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Published by Lauren Johnston
Oscar Pistorius murder trial in South Africa.
Oscar Pistorius murder trial in South Africa.

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Published by: Lauren Johnston on Mar 03, 2014
Copyright:Attribution Non-commercial

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07/06/2014

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tMr MArtlni
 K
 Aita ' **MRT
 FOR PRETORIA
(Nr i o
 Ai
 r rcru»rtiAi
Irttti§m*n*r3fc
Case
 no
C13/255/13
OSCAR
 PISTORIUS
APPLICANT
vtrtuft
THE STATE RESPONDENT STATES HEADS
 OP
 ARGUMENT: BAIL APPLICATION GENERAL
1
The applicant
 la
 charged
 with
 MURDER.
 
2.
In
 summary the allegations and state case are that the applicant shot and killed an unarmed, innocent woman during the early hours of 14 February 2013. The Incident took place in the residence of the applicant and we are confident that it will not be in dispute that the applicant fired 4 shots three of which
 hit
the deceased and caused her death. She was unarmed and inside a toilet with the door closed. The applicant fired shots from outside the closed door of the toilet.
2
3.
The State argues that the applicant is charged with an offence referred to in Schedule 6. Murder, when (a) It was pre planned or premeditated; We argue the Applicant bears the onus to
 ... adduce
 evidence and hence to prove to the satisfaction of the court the existence of exceptional
 
circumstance
 of
 such nature
 as
 to
 permit his release
 on
 bail
The court must also be satisfied that the release of the accused is in the interest
 of ustice
SEE S v Peterson 2008 (2) SACR 355 at 54
We
 drafted the heads with the expectation that
 the
 applicant will argue that he should be charged with
 "murder"
 as contemplated in Schedule 5. He will have to argue that the State, who is
 dominus
 litis,
 is clearly wrong. It is of utmost importance to take into account that the State only has its case and facts available. The applicant has not furnished a version of any sorts. The court, with respect, may only take the state's
 facts'
 into account in establishing the nature of the crime because there is no other version before
it.
The defence may argue that the state on its own version of the facts are wrong but cannot, with respect, before it has adduced a version, argue that the court should take his version of events or possible defences into account.

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