Pistorius will not be judged by a jury, as the system has been abolished in South Africa

Feb 19, 2013 10:01 GMT  ·  By

As Oscar Pistorius attends his bail hearing, the defense continues to advocate his innocence in report to premeditated murder charges in the death of girlfriend Reeva Steenkamp.

Earlier today, during his hearing, Pistorius has broken down in tears while supporting his head with his hands. According to News Australia, the emotional response was prompted by the prosecutor telling the judge that “the applicant shot an unarmed and innocent woman.”

His trial will go on without a jury, as the system has been abolished in South Africa approximately 80 years ago, notes the Guardian.

The same publication is presenting a live coverage of the hearing, which many commentators believe will end in Pistorius being denied bond.

An attorney for the Olympic and Paralympic athlete presented the case as an accident in Pretoria's Magistrate's Court, reiterating Pistorius' motives. The athlete allegedly believed his house was being broken into and shot the intruder.

As we mentioned yesterday, Steenkamp has been shot four times, the majority of the bullets going through a locked down bathroom door. The incident occurred before dawn and she was wearing a nightie.

The prosecution and the defense have argued over the murder being premeditated, questioning if premeditation is the same as intent. Prosecutor Gerrie Nel states that a murder does not have to be planned months ahead to be premeditated.

The question of intent arises from Pistorius's actions on Valentine's Day. In order to supposedly catch the burglar, he got out of bed, put on his prosthetic legs and walked for seven meters (23 feet) to get to the bathroom where the model was killed. The door to the restroom had been broken down before police arrived.

“There's no reason to think the broken door suggests guilt,” says Pistorius's lawyer, Barry Roux.

“Pistorius shot first, then broke it to discover his mistake. [...] All we know is that she locked the bathroom door and he shot, thinking she was a burglar,” he adds.

“It was all part of the preplanning. Why would a burglar lock himself inside the bathroom?” the prosecution argues.

This story is still developing, but we will keep you updated as it progresses.