Oscar Pistorius granted bail to appeal murder conviction with electronic tag - live
Oscar Pistorius granted bail on the provision he surrenders his passport and wears an electronic tag after being convicted of the murder of Reeva Steenkamp
Oscar Pistorius reacts after he was granted bail as he leaves the North Gauteng High Court in Pretoria Photo: ReutersOscar Pistorius, the former Paralympic athlete last week convicted of murdering girlfriend Reeva Steenkamp, has been granted bail on the provision he surrenders his passport and wears an electronic tag, writes Aislinn Laing in Pretoria.
The athlete’s legal team confirmed it will lodge an appeal with South Africa’s highest tribunal, the Constitutional Court, after the Supreme Court of Appeal ruled last week that his manslaughter conviction be upgraded.
Pistorius, 28, is at present under house arrest at his uncle’s palatial home in Pretoria after he was released on parole just one year into his five year sentence for shooting the model and law graduate through a locked lavatory door on St Valentine’s Day 2013.
Today, he returned to court to apply for bail pending a decision by the Constitutional Court. His sentence for the upgraded murder conviction could result in him returning to prison for up to 15 years, but will be delayed until the appeal outcome.
The Blade Runner, as he was once known for the prosthetic legs he competed on, appeared calm and almost cheerful as he chatted to Barry Roux, his barrister, during breaks in the hearing.
Oscar Pistorius leaves the North Gauteng High Court in Pretoria Photo: ReutersIn an affidavit submitted to the court, Pistorius pointed to his good behaviour while previously on bail. He said that he had no income and had lost “all my assets” but added that he was actively seeking employment and studying for a business and law degree by correspondence by the London School of Economics, something he needed access to internet for.
He insisted he did not constitute a flight risk, nor any danger to anyone. "The nature and gravity of any punishment which can be imposed on me, play no part in my actions or decisions, as I believe that I will be successful in an appeal to the Constitutional Court,” he wrote.
“I know that if I attempt to flee, which I will not, that, ultimately, I will be arrested and extradited to the Republic of South Africa. I work in South Africa. I am well known and it would be senseless to even consider to become a fugitive of justice.”
Gerrie Nel, the prosecutor, had agreed to bail for the athlete but had asked for him to be banned from leaving his uncle’s home in case he sought to flee to Mozambique, where his family has business interests, or Italy, where he used to be based for athletics training.
He highlighted the chance of Pistorius’s circumstances as a convict, saying: "Unlike the application for bail where the accused was awaiting trial, we now have a convicted murderer applying for bail. This is completely different, he is facing a minimum sentence of 15 years."
Mr Nel called for the athlete’s previous right to leave his uncle’s house between 7am and 12noon be stripped. "We feel strongly about the fact that he needs monitoring, and should not leave the house at any time," he said.
But Judge Aubrey Ledwaba, the Deputy Judge President for the region, said it would “not be in the interests of justice” for the athlete to be banned from leaving his house at all. The judge also extended his right to leave in the mornings, allowing him to leave in the afternoons with the permission of the police.
He instructed Pistorius to post R10,000 bail before Friday, and asked all parties to return to court for an update on the Constitutional Court process by April 18 next year.
The defence team is expected to appeal to the Constitutional Court on the grounds that the appeal court considered matters of fact rather than law, which are outside its remit.
If the application to appeal is successful, Pistorius could remain on bail until late next year while a space is found to hear his case, and could escape jail altogether if his appeal succeeds.
If the application fails, the court will in April set a date for sentencing, which could also be late in the year.
12:30
Pistorius tagged
Oscar Pistorius is inside the Poynton building to be fitted with his electronic tag after Judge Ledwaba said the athlete could leave the house between 7 a.m. and noon and, with permission from the authorities, travel within a radius of 20km.
He has also been ordered to hand in his passport.
11:00
Pistorius having electronic tag fitted
Pistorius is due to have his electronic tag - a condition of his bail - fitted at around 12pm UK time.
10:20
June Steenkamp: I don?t want revenge
10:00
Reeva's mother: Pistorius must go to jail
Reeva Steenkamp's mother has previously said the prison sentence is 'too short'
09:29
Pistorius' reaction to the decision
Oscar Pistorius reacts after he was granted bail as he leaves the North Gauteng High Court in Pretoria Photo: Reuters 09:10
Highlights of today's bail hearing
Here are this morning's highlights:
• Oscar Pistorius will continue to be under house arrest, but able to leave his house between 7am and midday, but must let the police know in advance. Today's hearing revealed the athlete has been able to leave his house within certain hours since his release from prison in October.
• He will appeal his murder conviction in South Africa's Constitutional Court, and will update Pretoria High Court on proceedings next April.
• By then he will know whether the request to hear the appeal has been successful. If it is, the decision could take several months. If unsuccessful, he will be sentenced by the High Court. A murder conviction in South Africa is 15 years - which is what the prosecution has hinted they will seek.
• We also learnt that Pistorius has limited assets, and has been looking for work. He could not pay the initially agreed 1m rand bail, which has been reduced to 10,000 rand.
• Pistorius has been studying a business and law degree at the London School of Economics.
08:54
Is Mr Roux going to work for Pistorius for free?
Sky's Alex Craword asks Mr Roux if he is doing the work pro-bono, after it was revealed in court that the athlete cannot pay the previously agreed 1m rand bail. The new amount, 10,000 rand, is very small. Pistorius could have spent that on a meal back when he was South Africa's darling olympic champion, some point out. The initial amount back in the original trial was 1m rand.
08:50
Pistorius to hand over passports
Judge Ledwaba says Pistorius should not leave the house without contacting the police/ investigating officer. He must also hand over his passports.
The judge during the Oscar Pistorius bail hearing 08:45
Case postponed to April
Pistorius is to be released on bail of 10,000 rand, which must be paid on or before the 11th at the office of the registrar. He is to appear before court postponed date of April18th.
Pistorius can leave the house between 7am and 12pm - within the radius of 20km.
Oscar Pistorius consults with his defence team during the hearing Photo: Reuters 08:37
Court resumes
Court has resumed in the application for Oscar Pistorius' bail hearing.
The affadavit has revealed Pistorius is a law student at London's LSE.
The judge asks prosecutor Mr Nel four more questions before reading his decision.
"It's the festive season, I don't want to put unnecessary bearing on the officer of the court," Judge Ledwaba tells Mr Nel.
"Since the accused has now been convicted of a more serious crime...the court should look carefully at this application which has been brought by Mr Pistorius."
Pistorius stands as the Judge reads out his decision.
Oscar Pistorius stands in the dock at the North Gauteng High Court in Pretoria Photo: Reuters Judge Ledwaba says that bail is also pending the outcome of any eventual appeal to the Constitutional Court or sentencing if application denied.
"I am of the view it is not in the interests of justice that the applicant [Pistorius] should not leave the house at all".
Oscar Pistorius (L) speaks with his defence advocate Barry Roux in the dock at the North Gauteng High Court in Pretoria Photo: AFP/Getty Images Pistorius (L) speaks with his defence advocate Barry Roux in the dock at the North Gauteng High Court in Pretoria
08:25
Pistorius could be free from jail for a year
Aislinn Laing reports from Pretoria High Court:
My understanding is that Pistorius could now remain under house arrest for as much as a year if not more while the Constitutional Court appeal process runs its course. A source in the Pistorius legal team tells me the Constitutional Court appeal will be lodged before Friday and they expect to know by mid-April next year whether the application to appeal has been successful, and will then update the high court.
If the application to appeal has not been successful, the Pretoria High Court will set a date for Pistorius to be sentenced by the trial judge, Thokozile Masipa.
If it has been successful, a date will be set for the Constitutional Court to hear the appeal. That could take up to a year as the court has a backlog of cases.
Pistorius is expected to remain on bail throughout that process - with conditions set by the judge we're before today.
As a result, he's looking pretty chipper, joking and laughing with barrister Barry Roux, now checking his phone from the dock.
08:06
Bail hearing - key points
While the court takes a break, here's a recap of the key points so far:
• Oscar Pistorius will appeal against his conviction for murder in the Constitutional Court. The prosecution has made it clear they will push for a 15 year minimum sentence.
• His lawyer has argued that in the interim, he should be allowed to remain on bail - as he always has throughout his lengthy legal proceedings.
• The defence and prosecution have agreed on stricter house arrest conditions, including wearing an electronic tag but disagreed over whether he should be allowed to leave his uncle’s home between 7am and midday. Mr Nel told court: "We feel strongly that he should not leave the house at any time."
• Bail is now fixed at 10,000 rand, Mr Roux told Judge Ledwaba Pistoius "doesn't have the money" to pay the previous 1 million rand guarantee.
08:03
Pistorius to appeal murder conviction
Pistorius will appeal his murder conviction at the Constitutional Court. The prosecution and defence have agreed that the athelete will return to court on April 18 to give an update on the appeal. But how will Pistorius afford the heavy cost of appeal in a case which has already endured a lengthy and costly legal process.
07:53
Pistorius stands
Judge Ledwaba asks Pistorius to stand to swear he made his affidavit voluntarily. Court adjourns for 15 minutes
Pistorius signing his affadavit
Oscar Pistorius (R) signs documents before the start of his hearing Photo: AFP or licensors 
Oscar Pistorius sits in the South African Gauteng Division High Court in Pretoria, South Africa, ahead of his hearing Photo: AFP/Getty Images Pistorius confers with his lawyer
Oscar Pistorius speaks to his lawyer Barry Roux during his hearing Photo: AFP/Getty Images 07:51
Bail conditions too severe
The judge seems to suggest the prosecution's bail conditions are too severe. They are currently discussing what radius Pistorius can be monitored withing - Mr Nel is suggesting 5km. "If he left the radius there would be an alarm," he says.
07:49
Is Pistorius a flight risk?
Oscar Pistorius during his bail hearing Photo: Sky News 07:45
Prosecution speaking
State prosecutor Gerrie Nel is now speaking. He tells Judge Ledwaba he is now dealing with a convicted murderer.
The prosecution has questioned why Pistorius cannot pay the earlier bail amount and insists that Pistorius wears an electronic tag.
Mr Nel: "We feel strongly about the fact that he needs monitoring, and should not leave the house at any time."
Nel is making clear he has the upper hand now: said they could have opposed bail but chose not to, even though he could be a flight risk.
07:40
Barry Roux wants Pistorius to remain under house arrest
Barry Roux says Pistorius promises to get permission from officers before leaving his house if he can remain under house arrest. He has also agreed to wear an electronic tag.
Oscar Pistorius' defence advocate Barry Roux during the bail hearing Photo: Sky News Pistorius is not a flight risk, says Mr Roux. This has been tested in all other bail hearings. "He's a well known person, he's got a disability...there is no danger, there is no risk for the criminal justice system".
Gerrie Nel during the Oscar Pistorius bail hearing Photo: Sky News Pistorius' lawyer says bail is being granted subject to appeal at the Constitutional Court.
07:32
Pistorius' lawyer is now speaking
Barry Roux, Pistorius' lawyer is now speaking, arguing that the athlete has abided by his original sentence conditions - where he has had bail the entire time.
Former Paralympic champion Oscar Pistorius (C) arrives at the South African Gauteng Division High Court in Pretoria Photo: AFP/Getty Images Oscar Pistorius has arrived in court, flanked this time by just a few friends and the usual phalanx of police officers. He looks better than I thought he would - not too gaunt, although his suit appears a bit bigger than it did. He seems composed at this stage and has been talking to his legal team, signing papers, studiously ignoring the large media contingent in the public benches as usual.
I understand that none of his family are attending today - he apparently asked them not to and to carry on with their daily lives.
His barrister Barry Roux is here, along with prosecutor Gerrie Nel and his deputy Andrea Johnson. The case will be heard by Deputy Judge President Aubrey Ledwaba.
Pistorius's lawyers have 10 working days after the court of appeal ruling to appeal to the Constitutional Court - which could take us into next year given the Christmas recess, and the court can chose to either accept or reject the appeal.
07:25
Pistorius' lawyer arrives in court smiling
Oscar Pistorius' defence advocate Barry Roux arrives at the North Gauteng High Court in Pretoria, South Africa for a bail hearing
Oscar Pistorius' defence advocate Barry Roux arrives at the North Gauteng High Court in Pretoria, South Africa for a bail hearing Photo: Reuters And the athelete himself
Oscar Pistorius arrives at the North Gauteng High Court in Pretoria Photo: Reuters 07:20
How Pistorius could be found guilty
Aislinn Laing reports:
Good morning from Court GD of Pretoria High Court where we are back once again for a decision as to whether Oscar Pistorius will get bail. Pistorius was convicted by the court of appeal of murdering girlfriend Reeva Steenkamp last week after a challenge to his earlier manslaughter conviction by prosecutors. As many readers will recall, he fired on his girlfriend four times through a locked lavatory door at his Pretoria home on St Valentine's Day 2013.
He said he believed she was an intruder - the state said he killed her deliberately following a row.
We understand that Pistorius's barristers will tell the court this morning that they are due to lodge an appeal with the country's highest tribunal, the Constitutional Court, on the basis that the Supreme Court of Appeal strayed into matters of fact rather than law regarding his case.
Legal experts are skeptical about its chances of success, with one telling me this morning it is "laughable".
But because of that appeal, Pistorius is expected to remain on bail, despite now being a convicted murderer.
James Grant, a criminal barrister who worked with the prosecution team for the appeal, said under normal circumstances he would have been jailed on re-conviction.
"He would not be arrested so that he could present himself to the court in a more dignified way," he said.
He said that barring special circumstances, the athlete's sentencing by Pretoria High Court under his new circumstances would be delayed until the Constitutional Court hearing, which could take months to come to court, if it is accepted.
Which means that this is by far the last you've seen of this sensational and fascinating case on these pages.....
For more analysis of that appeal hearing, read here.
07:18
Pistorius arrives
Pistorius has arrived in court
Oscar Pistorius arrives in court He met with a flurry of reporters as he did
Former Paralympic champion Oscar Pistorius (C) arrives at the South African Gauteng Division High Court in Pretoria Photo: Reuters 07:10
What will happen this morning?
This morning's bail hearing could put him back in prison after his new conviction.
"His (earlier) conviction has been overturned, so his sentence from before has been scrapped," Lusanda Ntuli, spokeswoman for the justice ministry, told AFP.
"The defence and prosecution will present their arguments."
The athlete faces a minimum 15-year jail sentence for murder, although the term could be shorter due to mitigating factors such being a first-time offender.
"If he is given bail, it may come with different conditions perhaps not as stringent as house arrest," criminal lawyer Martin Hood told AFP.
Pistorius killed Steenkamp, a model and law graduate, at his home in Pretoria, saying he mistook her for an intruder when he shot four times through the locked door of his bedroom toilet.
The South African Supreme Court of Appeal changed his conviction to murder and sent the case for re-sentencing, saying the original trial judge had made "fundamental" errors in her ruling last year.
The appeal decision, read by judge Eric Leach, said that it was "inconceivable that a rational person could have believed he was entitled to fire at this person with a heavy calibre firearm".
No date has yet been announced for his re-sentencing, which is expected early next year.
Pistorius may make his own appeal to the Constitutional Court - the country's highest court, but his lawyers have said he cannot afford further legal battles after paying huge bills.
"I wanted respect for my daughter's life, and that's what I got," Reeva's mother June Steenkamp, who was in court, said shortly after the unanimous ruling by five appeal judges.
06:30
Pistorius bail hearing
Following the momentous decision last week to convict Oscar Pistorius of the murder of his girlfriend Reeva Steenkamp, the athlete is due to appear in court this morning to apply for bail.
On Thursday South Africa's Supreme Court of Appeals overturned Pistorius' conviction of culpable homicide (manslaughter) and reached an unanimous guilty verdict.
The disgraced Olympic and Paralympic gold medallist may face a 15-year jail sentence, the minimum term for murder convictions in South Africa.
The athlete killed Steenkamp on Valentine's Day in 2013 after firing four shots through a locked lavatory door. He said he mistook Steenkamp for a burglar, while prosecutors argued that he had intended to kill her.
Pistorius, known as "Blade Runner" because of the carbon fibre prosthetic blades he used to race, was originally given a five-year sentence. He served less than a year in jail before his release on October 19 under house arrest and had been meant to serve the rest of that sentence at his uncle's house in a wealthy suburb of the capital Pretoria.
The bail hearing will be at 09:30 local time (07:30 UK). The future date for Pistorius' sentencing will also be announced today, the justice department said.
Oscar Pistorius: a timeline
22 November 1986
A future Olympian is born
Oscar Carl born to Henk and Sheila Pistorius in Sandton, Johannesburg. He lacked fibulas in both legs and had to have both amputated below the knee at the age of 11 months.
March 2002
Oscar's mother dies
Sheila Pistorius dies after suffering an adverse reaction to medication after being wrongly diagnosed with hepatitis.
December 2007
Sports Personality Award
Pistorius awarded the BBC Sports Personality of the Year Helen Rollason Award for outstanding courage and achievement in the face of adversity.
May 2008
IAAF victory
Pistorius wins an appeal against a decision by the governing body of athletics, the IAAF, that he cannot compete against able-bodied athletes.
August 2012
Olympic Games
(Olivier Morin/AFP/Getty)
Pistorius, dubbed Blade Runner by the media, becomes the first amputee runner to compete at an Olympic Games, in London.
September 2012
Paralympic Games
Pistorius takes silver in the London Paralympic 200m competition, but complains angrily about the length of competitor Alan Oliveira's blades. He later apologises.
14 February 2013
Arrested for shooting Reeva
Pistorius arrested at his home in Pretoria after shooting dead girlfriend Reeva Steenkamp.
15 February 2013
Pistorius in court
Pistorius appears before the Pretoria Magistrate's Court where he bursts into tears as prosecutors announce they intend to pursue a charge of premeditated murder. Two days later Pistorius's agent says all future races he is contracted to compete in have been cancelled.
19 February 2013
Reeva's funeral
Reeva Steenkamp (AFP)
Reeva Steenkamp's funeral is held in Port Elizabeth. Pistorius appears in court for the first day of his bail hearing. The prosecutor says Pistorius fired four shots through a bathroom door, hitting Steenkamp three times. His defence reads a statement by Pistorius in which he says he thought Steenkamp was an intruder.
19 August 2013
Charged with murder
The day on which Steenkamp would have turned 30, Pistorius appears in court. He is charged with premeditated murder and possession of unlicensed ammunition. The trial is due to begin in March 2014.
12 September 2014
Verdict: not guilty of murder
Pistorius found not guilty of murder, but convicted of culpable homicide (manslaughter in British law).
21 October 2014
Five years in jail
Sentenced to five years in prison for killing his girlfriend Reeva Steenkamp. Also given a three-year suspended sentence on a separate firearms charge. Pistorius begins sentence at Pretoria's Kgosi Mampuru prison.
5 November 2014
Prosecutors appeal
South African prosecutors appeal the manslaughter verdict and the five-year sentence, arguing Pistorius should be charged with murder, which carries a prison term of at least 15 years.
8 June 2015
Pistorius' release date announced
It is announced that Pistorius will be released under house arrest on August 21 after spending 10 months in prison. The appeal against his culpable homicide conviction will be heard in November.
19 August 2015
Pistorius not released
South Africa's Justice Minister Michael Masutha put the release date on hold, saying Pistorius should have served ten months of his sentence before parole was considered. He also referred the case to the parole board.
17 September 2015
Pistorius 'cannot afford another trial'
Pistorius is broke and unable to defend himself against further legal action from the state, the Paralympic athlete's lawyer Barry Roux said.
5 October 2015
Pistorius to remain in jail
Pistorius will stay in jail after a decision to grant him parole was again delayed.
19 October 2015
Released one day early
The Pretoria mansion where Oscar Pistorius is serving the rest of his five year sentence (Photo: AFP/Getty)
Pistorius is released on parole, just short of a year into his five-year sentence. The disgraced Paralympic gold medallist must serve the rest of his sentence under house arrest - confined to his uncle Arnold's home in a wealthy suburb of Pretoria.
3 November 2015
Appeal hearing begins
South African judges hear State Prosecutor Gerrie Nel outline the state's case for the verdict to be changed to murder from culpable homicide, or manslaughter. During the appeal hearing, which could last weeks, the prosecution is arguing that Judge Thokozile Masipa incorrectly applied the law of murder. Pistorius faces being sent back to jail if the original verdict is overturned.
3 December 2015
Supreme Court finds Pistorius guilty of murder
South Africa's Supreme Court accepts the appeal to overturn his manslaughter conviction and finds Pistorius guilty of murder. The case is referred back to the court for sentencing.
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