Pistorius team set to wrap up defence

The defence team for Oscar Pistorius plans to close its case this morning after its last witness, a physician who has treated the athlete, completed his testimony at the murder trial, a lawyer said.

The end of testimony signals a new phase in the months-long trial of Pistorius, who killed girlfriend Reeva Steenkamp in his home in what he has described as a mistaken shooting. It is expected to lead to a break during which the defence and prosecution prepare final arguments as the high-profile legal battle moves toward a conclusion.

Barry Roux, the chief defence lawyer, indicated that he would wrap up this morning after final consultations with his team.

“We plan to close the case,” Roux told Judge Thokozile Masipa.

Pistorius, 27, has said he fatally shot Steenkamp, a 29-year-old model, through a closed toilet door after thinking there was an intruder in his home. The prosecution says Pistoriusfatally shot Steenkamp after a Valentine’s Day argument last year.

Earlier, chief prosecutor Gerrie Nel said the last defence witness, physician Wayne Derman, could not be objective about the double-amputee runner because he was too familiar with the Paralympian, having treated him over many years and travelled with him extensively.

Derman had testified that Pistorius had an anxious nature linked to his disability, bolstering the defence case that the runner’s allegedly deep sense of vulnerability was a factor in the killing because, according to his version, he believed he was under threat.

Under questioning, Derman acknowledged that his testimony did not amount to a “forensic report” but disputed Nel’s assertion that he could not be objective.

On Sunday, an Australian broadcaster showed video footage of Pistorius participating in a re-enactment of how he says events unfolded on the night he killed Steenkamp. In the video, Pistorius is seen walking on his stumps with an arm outstretched and fist clenched, as though holding a gun. It also shows Pistorius carrying a woman. It is unclear where the re-enactment was filmed.

The broadcast by Channel 7 prompted criticism from a lawyer for Pistorius who said the re-enactment was made with the help of a US-based company last year as part of the defence team’s trial preparations.

The video has not been shown at the trial, and it was not mentioned in court yesterday.

But Pistorius’ lawyers alleged the usage of the video filmed by a US company specialising in forensic animation, The Evidence Room, which had been engaged by Pistorius’ defence team, also breached a non-disclosure agreement made with the Cleveland, Ohio company.

Yesterday Channel 7 declined to respond to questions about how and from whom it had obtained the footage, but said the report was a “significant investigation” by award-winning journalists.

“We would not have run the footage if we thought we had obtained it illegally,” the network said in a statement. “The story was run in Australia only and not made available in any other territory.”

The Evidence Room did not reply to requests for comment.

One legal expert in Johannesburg, Professor Stephen Tuson of the Wits School of Law, said the screening of the re-enactment footage could be a breach of sub-judice laws that prohibit the publication outside the courtroom of evidence or material that could influence the outcome of the trial.

“If this was done in preparation for the trial in the context of attorney-client confidentiality, it would be privileged and its publication would be a breach of the sub-judice rule. Its consequences could be a reviewable irregularity,” Tuson said.

Pistorius, who is free on bail, faces 25 years to life in prison if found guilty of premeditated murder, but he could also be sentenced to a shorter prison term if convicted of murder without premeditation or negligent killing. Additionally, he faces separate gun-related charges.

Pistorius was born without fibulas, the slender bones that run from below the knee to the ankle. His lower legs were amputated when he was 11 months old.