Oscar witness under fire
Witness Darren Fresco was subjected to defence lawyer Barry Roux's trademark picking apart of witness statements, on Tuesday in the murder trial of Oscar Pistorius.
Barry Roux, lawyer of South African Paralympic athlete Oscar Pistorius, accused of murdering his girlfriend Reeva Steenkamp waits prior to a hearing of his trial at the North Gauteng High Court in Pretoria, on March 5, 2014. POOL / SIPHIWE SIBEKO
He was being cross-examined over a firearm episode involving Oscar Pistorius at Tasha’s restaurant in Johannesburg.
Fresco was asked whether Pistorius knew there was a bullet in the chamber when — according to his testimony — he handed the gun to the paralympian.
Fresco had testified that while at their corner table, Pistorius and he leaned towards each other and were about 30cm apart when he told Pistorius “there’s one up”, meaning one bullet was in the chamber.
Fresco said Pistorius replied, “okay”.
“Did he say okay?” asked Roux.
Last week he quizzed security guard Pieter Baba over whether Pistorius said he was “okay” or “fine” when the two spoke.
Roux said the part about the two leaning together with their heads “in close proximity” was not in the statement Fresco drew up with lawyers either.
Fresco insisted that Pistorius acknowledged being warned about the bullet.
A shot was fired, allegedly when the gun was in Pistorius’s hand.
The court has been shown a picture of the hole in the restaurant floor.
Roux said during the court adjournment he and colleagues pushed tables together and tried to get their heads close together in the way Fresco had demonstrated he and Pistorius were sitting, and could not.
He would also ask Fresco to demonstrate to the court how they had been sitting.
Pistorius allegedly asked Fresco to take the blame for this shooting, and has not been able to explain why being asked to take the blame is not in his statement.
He said that he had assumed Pistorius knew he had to remove the magazine.
He is testifying in terms of Section 204 of the Criminal Procedure Act and has been warned that he might incriminate himself during testimony and that if his evidence is considered truthful he might be discharged from prosecution.
Pistorius has pleaded not guilty to the murder of his girlfriend Reeva Steenkamp on February 14 2013 and to charges which include violating the Firearms Act.
– Sapa
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