Oscar Pistorius can leave
South Africa to compete in international track meets, a judge ruled on Thursday
as he upheld the Olympic athlete's appeal against some of his bail
restrictions.
Pistorius' agent told The
Associated Press that this year's world championships could be "on the
radar."
Judge Bert Bam said
Pistorius, who is charged with murder in the Valentine's Day shooting death of
his girlfriend Reeva Steenkamp, must travel under certain conditions. His
passport will be held by a court while he is in South Africa, and he can only
leave the country if he provides an itinerary of his travel plans at least a
week before he is due to leave. Pistorius must also hand his travel documents
back to the court within 24 hours of returning home.
The ruling in a North
Gauteng High Court opens the way for the Paralympic champion, who is facing a
life sentence if found guilty of murder, to run in international competitions
again.
Pistorius' agent, Peet van
Zyl, told the AP soon after the ruling that Pistorius could even run at the
world championships in Moscow in August — if he wanted to and if he qualified.
"Based on this (judge's
decision), and if he is up for it and qualifies, the world championships will
definitely be on the radar," Van Zyl told the AP by telephone.
The judge's decision was
"fair," Van Zyl said, but any return to competition would be up to
Pistorius, who hasn't run competitively since September or trained for two
months.
"He's going to be the
one that determines running and training," the agent said. "It's his
call. He's the one under all the pressure for the court case and grieving for
Reeva."
Although Pistorius' lawyers
said in the appeal hearing that he had no immediate plans to compete, he would
likely need to return to track in the future to earn money, they said.
Pistorius himself, a double amputee widely known as the Blade Runner for his
prosthetic legs, did not attend the court session.
"He has no desire to
compete now but it might change and it will change," defense lawyer Barry
Roux told the judge in arguing for some of Pistorius' bail restrictions to be
eased. Roux said Pistorius would not try and evade trial if he is allowed to
travel internationally, and would eventually need to run again "to earn an
income."
"He is not going to run
away and hide. He is going nowhere," Roux told the judge in the
brown-walled courtroom in the high court, where television cameras and
photographers were allowed in to record the proceedings. "Why stop him
from traveling under controlled circumstances?" Roux added.
Pistorius says he killed
Steenkamp accidentally when he fired shots through a door in his bathroom in
the pre-dawn hours, fearing there was an intruder in his house. Prosecutors say
he shot the model and reality TV star intentionally after they argued, and they
have charged him with premeditated murder.
Pistorius' last competitive
race was his victory in the 400 meters final at the London Paralympics in
September last year. He hasn't trained or "seen a track" for around
nine weeks, agent Van Zyl said, but when he was ready they would consider both
able-bodied and Paralympic events.
Van Zyl saw no reason why
Pistorius shouldn't be allowed to run again while accused of murder and told
The AP that he had been contacted by race promoters who wanted to see Pistorius
return to competition.
"At the end of the day
we'll have to see what governing bodies will say. It will be interesting to
see," Van Zyl said. "If they don't allow him to run and he walks out
(of court) a free man, there might be a problem."
In court on Thursday, the
judge also ruled in favor of Pistorius on three other conditions. He no longer
has to be regularly supervised by a probation official and a ruling that he
wasn't allowed to consume alcohol and could be tested at any time for alcohol
and "prohibited substances" was lifted. Bam also slammed one of the
bail conditions imposed by another judge, saying that a condition that he would
be in breach of his bail if he was accused of another crime against women was
"fraud." It went against Pistorius' constitutional right to be
innocent until proven guilty, and being accused of a crime should not count
against him, Bam said.
The high court judge's rapid
ruling came three hours after the hearing began.
Another two restrictions
that Pistorius was not allowed to return to his house, where he shot Steenkamp
dead on Feb. 14, and had to report regularly to a police station should be
"disregarded," the judge said, as they weren't in Nair's written
court order.
It meant Pistorius' legal
team succeeded in all its appeals. Pistorius' lawyers smiled after the judge
ruled in their favor.
The prosecution wouldn't
comment on how the ruling affected its case, but said it believed Pistorius
would comply with the new conditions.
"As the prosecution, we
are not going to make any comment in as far as the judgment is concerned,"
National Prosecuting Authority spokesman Medupe Simasiku said. "Our focus
is on the upcoming trial and we need to focus on that with all our minds.
"The investigation is
going well and we believe that soon it will be completed. And when it is
completed, that is when we'll know about the trial date," he said.
The athlete's lawyers had
earlier argued that he was being treated as a flight risk by his bail
restrictions even though a magistrate ruled last month that he was not when he
released Pistorius on 1 million rand ($108,000) bail.
Defense lawyer Roux said
Pistorius' original bail restrictions amounted to "house arrest." He
also argued against a ruling that prevented him from speaking to residents near
his home, saying he should be allowed to consult with them to prepare his
defense.
Prosecutors had opposed the
relaxing of Pistorius' bail restrictions and also said the appeal should have
gone to the original magistrate's court that set bail for Pistorius, and not
Pretoria's high court. Chief Magistrate Desmond Nair imposed the bail conditions
on Feb. 22. Pistorius had been held in a police station until then. He hasn't
been seen in public since and is believed to have been staying at an uncle's
house.
Pistorius was not required
to attend his appeal hearing and none of his family members was present at
North Gauteng High Court in the heart of South Africa's capital city.
Pistorius' next court
appearance is June 4, when the prosecution would aim to serve indictments,
chief prosecutor Gerrie Nel told the court. Nel said there is a possibility
that Pistorius' trial will begin by the end of the year.
Pistorius' bail appeal was
being heard at the high court a day after the athlete's older brother, Carl
Pistorius, went on trial for culpable homicide for the death of a woman
motorcyclist in a 2008 road accident. Carl Pistorius pleaded not guilty
Wednesday to the main charge of culpable homicide and not guilty to two
alternative charges relating to driving recklessly and inconsiderately.
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