Pistorius re-enactment video 'not illegally obtained'

Oscar Pistoriu (C) leaves court escorted by two private security officers in Pretoria, Monday 7 July 2014 Oscar Pistorius' trial, which began at the beginning of March, may be reaching its final stages

Footage showing South African athlete Oscar Pistorius re-enacting the events of the night he killed his girlfriend was not obtained illegally, an Australian TV network has said.

It was aired in Australia only by Channel 7 on Sunday and shows him shouting and running on his stumps as he simulates holding a handgun.

The defence says it is likely to close its case at the trial on Tuesday.

Mr Pistorius denies intentionally killing Reeva Steenkamp last February.

The Olympic and Paralympic track star says he shot the 29-year-old model and law graduate after mistaking her for an intruder.

But the prosecution argues that the double amputee killed her after a row.

'Heart of both cases'

Mr Pistorius' defence team has condemned the airing of the footage, which his family say was filmed in order to create a "forensic animation", but was "obtained illegally".

File photo: Oscar Pistorius (right) and his girlfriend Reeva Steenkamp pose for a picture in Johannesburg, 7 February 2013 Mr Pistorius and his girlfriend Reeva Steenkamp had been dating for three months before the fatal shooting

However, the executive producer of the Channel 7's Sunday Night programme defended the decision to air the footage.

"We would not have run the footage if we thought we had obtained it illegally," the AFP news agency quoted Mark Llewellyn as saying.

"The material shown on Sunday Night goes to the heart of both the prosecution and defence cases, including the account provided by Oscar Pistorius."

The BBC's Andrew Harding at court says that in the leaked footage Mr Pistorius looks unsteady on his stumps, but perhaps more mobile than his doctor had previously described.

When Mr Pistorius' trial resumed on Monday morning at the court in the South African capital, Pretoria, Wayne Derman retook the stand.

Dr Derman, who has worked with South Africa's Olympic and Paralympic teams, was cross-examined about his testimony that Mr Pistorius had limited mobility without his prosthetic legs.

Credibility attacked

Prosecutor Gerrie Nel who sought to undermine his credibility by suggesting he lacked objectivity.

Dr Derman said that due to Mr Pistorius' disability, to fight was his only alternative when he believed there was an intruder in the house.

Oscar Pistorius trial - 2 July - in 60 seconds

After Dr Derman stood down, the defence asked to be given the option to call state psychiatrist Carla Kotze, who was part of the panel who observed Mr Pistorius at a psychiatric hospital in June.

They concluded that Mr Pistorius was not suffering from Generalised Anxiety Disorder as a defence psychiatrist had earlier testified, and was capable of distinguishing between right and wrong.

But Judge Thokozile Masipa ruled that only Dr Leon Fine, the defence-appointed psychiatrist on the panel, could be consulted.

As a result, defence lawyer Barry Roux said he was unlikely to call any further witnesses and asked for an adjournment until Tuesday morning.

Once Mr Pistorius' legal team closes its case, the court will be adjourned to allow both sides to prepare closing arguments before a verdict.

There are no juries at trials in South Africa, so the athlete's fate will ultimately be decided by the judge, assisted by two assessors.

If found guilty of murder, Mr Pistorius, who went on trial on 3 March, could face life imprisonment. If he is acquitted of that charge, the court will consider an alternative charge of culpable homicide, for which he could - if convicted - receive about 15 years in prison.

INTERACTIVE
  • ×

  • 1. Balcony

    × Balcony

    Mr Pistorius said in his statement at the start of the trial that he woke in the early hours and walked on his stumps to the balcony, pulled in two fans, closed the sliding door and drew curtains. He said that shortly before he had spoken to Reeva, who was in bed beside him.

    He said he rejected prosecution claims that a witness heard arguing coming from the house before the shooting.

  • 2. Bathroom window

    ×

    Mr Pistorius said he heard the bathroom window sliding open and believed that an intruder, or intruders, had entered the bathroom through a window which was not fitted with burglar bars.

    "Unbeknown to me, Reeva must have gone to the toilet in the bathroom at the time I brought in the fans," he said.

    Mr Pistorius said he approached the bathroom armed with his firearm, to defend himself and his girlfriend, believing Ms Steenkamp was still in bed.

  • 3. Shooting

    ×

    Both sides agree four bullets were fired. Ms Steenkamp was hit three times.

    Mr Pistorius said he fired his weapon after hearing a noise in the toilet which he thought was the intruder coming out of the toilet to attack him and Ms Steenkamp.

    He said he was in a fearful state, knowing he was on his stumps and unable to run away or properly defend himself.

    Mr Pistorius said he rejected claims that he was on his prostheses when he shot at the door.

    A witness told the trial she woke to hear a woman screaming and a man shouting for help. She said that after the screams she heard four shots.

  • 4. Bedroom

    ×

    Mr Pistorius said he went back to the bedroom after shooting at the toilet door, still shouting for Reeva. Lifting himself up onto the bed, he felt over to the right hand side of it and noticed Ms Steenkamp was not there.

    Mr Pistorius said this was when he realised she could have been in the toilet.

  • 5. Toilet door

    ×

    Mr Pistorius said he went back to the bathroom but the toilet was locked, so he returned to the bedroom, pulled on his prosthetic legs, turned on the lights before bashing in the toilet door with a cricket bat.

    Forensics expert Johannes Vermeulen told the court that the height of the marks on the door caused by the cricket bat suggest Mr Pistorius was on his stumps at the time.

  • 6. Emergency calls

    ×

    Mr Pistorius's defence team say he then called security at the gated housing complex and a private paramedic service before carrying Ms Steenkamp downstairs.

    A security guard claimed it was the other way round, and he had called Mr Pistorius first after reports of gunfire. However, phone records shown to the court revealed Mr Pistorius called the estate manager at 3:19am, a minute later he called the ambulance service and at 3:21am he called estate security.

    A minute later he received an incoming call - estate security calling him back.

    According to police phone expert Francois Moller, Mr Pistorius called his friend Justin Divaris a short time later and just after 4:00am he called his brother Carl.

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