Friday, February 22, 2013

Pistorius Investigator Replaced

Nike said it has suspended its advertising contract with Oscar Pistorius. In another twist to the Olympic runner's bail hearing, the chief investigating officer has had murder charges from 2011 reinstated against him. Dow Jones's Devon Maylie updates us. (Photo: Getty Images)

PRETORIA, South Africa�South African police brought in their most-senior detective to lead the murder case against Olympic athlete Oscar Pistorius, because the previous lead investigator himself is facing attempted-murder charges.

The withdrawal of chief investigator Hilton Botha, who was under pressure from defense lawyers for his handling of the investigation, is a sharp twist in the state's case against Mr. Pistorius over the alleged premeditated murder of his 29-year-old girlfriend, Reeva Steenkamp, a model and reality TV star shot and killed in a bathroom at Mr. Pistorius's home on Feb. 14.

Enlarge Image

Close Agence France-Presse/Getty Images

Oscar Pistorius's brother and father at Thursday's hearing.

South African police commissioner Riah Phiyega said she reassigned the investigation to the country's most senior detective, Lt. Gen. Vinesh Moonoo. "We recognize the significance, the importance and severity of the matter under investigation," Ms. Phiyega told reporters. Mr. Moonoo has been in the police force for 32 years, having previously headed the Soweto detective team and was chief of monitoring for the country's organized crime unit.

Trailblazing Athlete's Career

View Interactive

WSJ

Born without fibulas in both legs, South African sprinter Oscar Pistorius blazed a trail as a Paralympic athlete before taking part in the able-bodied Olympics in London last year. A look back at his eventful career.

Police spokesman Neville Malila said the department found out only on Wednesday that seven counts of attempted murder had been reinstated against Mr. Botha, the same day the officer testified at the bail hearing.

Mr. Malila said the counts relate to an incident in 2011, when Mr. Botha and two other officers during a murder investigation allegedly fired their weapons at a moving minibus in an attempt to stop the driver. No one was killed.

Local media had cited Mr. Botha as saying he shot at the tires of the van.

Ms. Phiyega told a news conference the charges were originally withdrawn to allow for further investigation.

Mr. Malila said the charges had been referred to the director of public prosecutions for a final decision. They were reinstated at the beginning of February, but hadn't been communicated to the police department or Mr. Botha before Mr. Pistorius's bail hearing, according to Mr. Malila, who said he didn't have any more details about the reinstitution of the charges.

Enlarge Image

Close Agence France-Presse/Getty Images

Detective Hilton Botha, here at the bail hearing for Oscar Pistorius Tuesday, faces charges of attempted murder in a 2011 shooting.

Related Video
  • Pistorius Lawyer Attacks Testosterone Claim

Mr. Botha will appear in court to face the charges in May. He couldn't be reached to comment.

Mr. Botha was put on Mr. Pistorius's case because he was an active detective covering the part of Pretoria where the South African track star lives�the Silverlakes estate in Pretoria East, Mr. Malila said.

It also wasn't the first case involving Mr. Pistorius that the detective was involved with. In 2009, Mr. Botha also looked into an allegation of assault brought by a young woman against the athlete. Mr. Botha told the hearing this week he dropped that case for lack of evidence.

A spokeswoman for the National Prosecuting Authority, Bulelwa Makeke, said the agency supported the removal of Mr. Botha from the investigation because his continued presence in the investigation cast "a negative light on the case."

Earlier Coverage
  • Fresh Evidence Presented at Pistorius Hearing (2/20/2013)
  • Pistorius: Shot 'Burglar' in Bathroom (2/19/2013)
  • Olympian Denies Murder (2/16/2013)
  • Pistorius Faces Murder Charge (2/14/2013)

After four days of hearings, the judge at the Pretoria Magistrate Court is expected to rule Friday on whether Mr. Pistorius is eligible for bail. The state has argued against bail. Typically bail hearings wrap up within a morning, legal experts say.

The high-profile bail hearing case has taken on the appearance of a sort of mini-trial.

But the high-profile of Mr. Pistorius and Ms. Steenkamp has turned the bail hearing into a sort of mini-trial.The state alleges that Mr. Pistorius, who lost his lower legs as an infant and went on to compete internationally as a sprinter using customized prosthesis, fired shots through a closed bathroom door after what it says could have been a Valentine's Day argument with his girlfriend.

Among other things, the state has contended that it didn't make sense that Mr. Pistorius would charge at a closed bathroom door before checking whether his girlfriend was safe.

Mr. Pistorius's lawyers say he fired shots through the bathroom door thinking there was a burglar inside and feared for his safety. Mr. Pistorius maintains he had no intention of killing his girlfriend.

During the bail hearings, lead defense lawyer Barry Roux relentlessly attacked Mr. Botha's investigation.

He said witness statements taken by Mr. Botha cited people hearing a total of six shots but there was evidence only four shots were fired.

Mr. Roux criticized the policeman for not tracking down phone records to confirm whether Mr. Pistorius had called for an ambulance. Mr. Botha admitted he hadn't checked phone records of ambulance services.

The defense also attacked him for not using protective footwear at one point at the crime scene.

Mr. Botha defended himself against Mr. Roux's charges by stressing the investigation was still in preliminary stage.

He lives in a gated community in Pretoria and owns two other properties in South Africa. A gun enthusiast, he practiced shooting high-powered weapons at a nearby target range.

Mr. Pistorius has earned millions from endorsements that, due to this case, have come under threat. Nike Inc. said in a statement this week that it suspended the contract of Mr. Pistorius. "We believe Oscar Pistorius should be afforded due process and we will continue to monitor the situation closely," the sporting goods and sportswear maker said.

Sunglasses maker Oakley took a similar step. "In light of the recent allegations, Oakley is suspending its contract with Oscar Pistorius, effective immediately. Our hearts are with the families during this difficult time�." the company said.

Write to Devon Maylie at devon.maylie@dowjones.com

No comments:

Post a Comment