Oscar Pistorius: 'I thought that Reeva was in bed' - bail hearing as it happened

Pistorius gives his account of Reeva Steenkamp's death
Athlete says he mistook girlfriend for burglar
Judge says he must stand trial for premeditated murder
Read a full summary

Summary

Here are today’s key points:

Oscar Pistorius has given his account of the night his girlfriend Reeva Steenkamp died at his house in Pretoria. In a statement read out by his lawyer, the Paralympic and Olympic star said the two were in bed asleep on Wednesday night when he got up and went to the balcony to close a sliding door and get a fan. He heard a noise in the bathroom and assumed it was an intruder, he said. Feeling vulnerable without his prosthetic legs, he got his gun and shot through the door, he said. He then saw that Steenkamp was not in bed, he said. He broke the bathroom door down with a cricket bat, he said; Steenkamp was still alive but died in his arms. He denied that he had murdered her, saying nothing could be further from the truth.

The prosecution gave a different version of events. Prosecutor Gerrie Nel said there was an argument before the shooting, and laterPistorius got up from bed, put on his prosthetic legs, armed himself, walked seven metres to the toilet door and shot Steenkamp four times; three of the shots killed her. Even if he thought she was a burglar, it was still premeditated murder, Nel said. But he asked why a burglar would lock himself in the toilet.

 Magistrate Desmond Nair ruled that Pistorius should be charged with premeditated murder, a “category six” offence that will make it very difficult for the defendant to be granted bail. Pistorius must argue that there are “exceptional circumstances” that mean he should get bail. In his statement Pistorius stressed that he would not leave the country if granted bail and intended to stand trial. He said he would surrender his passport and would not interfere with witnesses, saying he knew of none in this case. Nair did suggest at one point that he may change his mind about categorising the offence as schedule six once he had heard all the evidence.

Pistorius, the world’s best known disabled athlete, broke down frequently throughout the hearing, which was adjourned at one point to allow him to compose himself. In his statement he said he was “mortified” at having killed Steenkamp and could not stand how much hurt he had caused. He said he and Steenkamp had been “deeply in love”.

The funeral of Reeva Steenkamp was held this morning in the coastal South African city of Port Elizabeth.

Pistorius will be held overnight at Brooklyn police station in Pretoria. The bail hearing will continue tomorrow at 9am local time (7am GMT). I hope you can join me again then.

The court has adjourned until 9am South African time tomorrow – 7am GMT.

David Smith (@SmithInAfrica)

Pistorius standing and blinking hard, extremely tired.

February 19, 2013

Pistorius will be held again at Brooklyn police station, Pretoria, but Nel confirms that this is the last night he's booked in there. 

Nair agrees. The court adjourns until tomorrow at 9am.

Pistorius's team have now concluded their evidence in support of bail. But they want the option of adding more evidence once they get the information they have asked for from the prosecutors. 

Gerrie Nel, the prosecuting lawyer, says he will call the investigating officer, Hilton Botha, and consult with him.

Nel asks for a postponement until tomorrow to do this. 

Magistrate Desmond Nair has returned and the court is once again in session.

Pistorius's statement

Briefly, in a statement to the court, Oscar Pistorius has set out his version of events on the night Reeva Steenkamp died. 

He said they went to bed and fell asleep.

He woke to close a sliding door and get a fan and went out on to the balcony, he said.

At that point he heard a noise in the bathroom and felt a "sense of terror" rush through him. 

He was scared and didn't switch on the light, he said.

He was acutely aware of violent crime and had received death threats in the past, and had been a victim of crime in the past, he said. For that reason he kept a 9mm pistol under the bed.

He said he got his gun and moved towards the bathroom, and screamed at the "intruder" to get out of the house and for Steenkamp to call the police. He thought she was still in bed.

He did not have his prosthetic legs on, and said he felt vulnerable for both himself and Steenkamp. For that reason, he said, he fired through the bathroom door. 

He then saw that Steenkamp was not in bed, he said. That was when he realised she could have been in the bathroom, he said. The bathroom door was locked. 

He said he went to the balcony and called for help, and then put his legs on.

He said he opened the toilet door by smashing it with a cricket bat. Steenkamp was alive inside, slumped over, he said. He took her to the bathroom, called paramedics and tried to carry her downstairs to get help, he said. 

He tried to revive her but she died in his arms, he said. 

Roux asks for a short adjournment and the court breaks for five minutes. 

Roux reads out a fourth statement, this one from a friend of Pistorius's named as Graham. Graham's statement seems to shed light on Pistorius's fear of criminals.

David Smith (@SmithInAfrica)

Graham: I suggested driving to see me. Pistorius warned of a car hijacking syndicate in nearby complex so I wouldn't be safe.

February 19, 2013

"In my experience Oscar and Reeva had nothing but love for each other," Greyvenstein's statement says.

At this, Pistorius bows his head again

Karyn Maughan (@karynmaughan)

Greyvenstein: Reeva said she would marry #OscarPistorius if he asked her. She said he was intense but she loved him. @encanews

February 19, 2013

David Smith (@SmithInAfrica)

Samantha: "Reeva told me that she really liked Oscar and they both clicked and understood each other." Pistorius treated her "like gold".

February 19, 2013

Roux is now reading out a third statement, this one from Sam Greyvenstein, Steenkamp's best friend and Divaris's girlfriend. She says Pistorius is "humble" and the "epitome of a true gentleman". 

David Smith (@SmithInAfrica)

Justin: "Oscar would often tell me how much he loved Reeva and she was a fantastic person who understood him. She could be 'the one'."

February 19, 2013

Divaris says he introduced Pistorius to Steenkamp and they were both immediately attracted to one another. 

David Smith (@SmithInAfrica)

Justin: "They were both taking it slowly as they had come out of previous relationships... They really complemented each other."

February 19, 2013

Pistorius is a "humble, approachable and intelligent man", Divaris's statement reads. 

Roux is now reading a statement from Justin Divaris, who has been named in the media as Pistorius's "best friend". 

Karyn Maughan (@karynmaughan)

Roux now reads statement from Justin Divaris, friend who #OscarPistorius called after the shooting. He's at Reeva's memorial @encanews

February 19, 2013

Alex's statement says he never saw Pistorius and Steenkamp argue or fight. He calls Pistorius a "humble, gentle, sensitive person".

Roux is now going to read a statement from a friend of Pistorius's named as Alex.

In Alex's statement he describes himself as one of the defendant's closest friends. Alex's statement describes how in love Pistorius wass with Steenkamp. 

Barry Bateman (@barrybateman)

#OscarPistorius Alex Oscar told me Reeva was unlike any other woman he'd dated. They were comfortable around each other and happy. BB

February 19, 2013

That is the end of the affadavit. Nair asks Pistorius if he is satisfied with it. He stands and says, "Yes, sir. Yes, your worship."

His statement says he is willing to surrender his passports should that be a condition of bail. 

Barry Bateman (@barrybateman)

#OscarPistorius I dont know of any witnesses in this matter, and I wont interfere with any witnesses. BB

February 19, 2013
David Smith (@SmithInAfrica)

Pistorius: My continued incarceration will be of "no benefit" to the state. Release would not disturb the public order.

February 19, 2013

His statement adds that with the benefit of hindsight he realises that Steenkamp went to the bathroom when he went to close balcony door. 

Alex Crawford (@AlexCrawfordSky)

#OscarPistorious Says he was desperately trying to protect Reeva. I am not disposed to violence

February 19, 2013
David Smith (@SmithInAfrica)

Pistorius: I have no intention to interfere with any witnesses. I have no previous convictions. "I am not disposed to violence."

February 19, 2013
Karyn Maughan (@karynmaughan)

#OscarPistorius: I believe the forensic evidence will prove what I am saying. I used a cricket bat to break open toilet door. @encanews

February 19, 2013
Barry Bateman (@barrybateman)

#OscarPistorius I am an international sports star, I will not evade my trial. BB

February 19, 2013

Pistorius's statement continues.

David Smith (@SmithInAfrica)

Pistorius: I tried to revive Reeva but she died in my arms. "I am mortified."

February 19, 2013
Karyn Maughan (@karynmaughan)

#OscarPistorius: I tried to save Reeva. But she died in my arms. I can't stand how much hurt I've caused. @encanews

February 19, 2013
David Smith (@SmithInAfrica)

Pistorius: "I trust the South African legal system and the facts will show that I did not murder Reeva."

February 19, 2013

Pistorius's statement continues. 

Karyn Maughan (@karynmaughan)

#OscarPistorius: then I realized Reeva wasn't there. I went onto balcony and screamed for help. I put my legs on. @encanews

February 19, 2013
Barry Bateman (@barrybateman)

#OscarPistorius I walked back to the bed and realised Reeva was not in bed. Its then it dawned on me it could be her in there. BB

February 19, 2013
David Smith (@SmithInAfrica)

Opened toilet door and Reeva was alive. I took her to bathroom, called Netcare, picked her up and went downstairs.

February 19, 2013
Karyn Maughan (@karynmaughan)

#OscarPistorius: Reeva was slumped over in the toilet. She was still alive. I called paramedics. I tried to take her to hospital.

February 19, 2013
Barry Bateman (@barrybateman)

#OscarPistorius I kicked the door open. Called paramedics and complex security. I tried to carry her down stairs for help. BB

February 19, 2013

Pistorius's statement continues.

David Smith (@SmithInAfrica)

Pistorius: As I did not have my prosthetic legs on, I felt vulnerable for myself and Reeva. Feared danger posed by intruders.

February 19, 2013
Barry Bateman (@barrybateman)

#OscarPistorius because I did not have my legs on I felt vulnerable. I fired shots through the bathroom door and told Reeva to call police.

February 19, 2013
David Smith (@SmithInAfrica)

Pistorius: Reeva was not in bed. That's when it occurred to me she could have been in bathroom. Bathroom door was locked.

February 19, 2013

Pistorius's statement resumes. 

Karyn Maughan (@karynmaughan)

We resume with #OscarPistorius's statement: I'm acutely aware of violent criminals breaking in. I've got death threats. @encanews

February 19, 2013
David Smith (@SmithInAfrica)

Pistorius: She got into bed and we fell asleep. I have been a victim of crime before. For that reason I keep 9mm gun under the bed.

February 19, 2013
Barry Bateman (@barrybateman)

#OscarPistorius I sleep with my 9mm under my bed. I woke up to close the sliding door and heard a noise in the bathroom. BB

February 19, 2013
Karyn Maughan (@karynmaughan)

#OscarPistorius: at some stage, I went outside to get a fan. I heard a noise in the bathroom and felt sense of terror come over me.

February 19, 2013
David Smith (@SmithInAfrica)

Pistorius: I went out on balcony and heard a noise in the bathroom. I felt a "sense of terror" rush through me.

February 19, 2013
Barry Bateman (@barrybateman)

#OscarPistorius I was scared and didnt switch on the light. I got my gun and moved towards the bathroom. I screamed at the intruder. BB

February 19, 2013
Karyn Maughan (@karynmaughan)

#OscarPistorius: I thought Reeva was in bad. I screamed out that the person must get out of house and Reeva must call police @encanews

February 19, 2013
David Smith (@SmithInAfrica)

Pistorius: I screamed words to the effect of, get out of the bathroom. It was dark and I thought Reeva was in bed.

February 19, 2013

To recap, Oscar Pistorius's defence lawyer was reading a statement setting out the defendant's version of the events that led to Reeva Steenkamp's death, but when Pistorius broke down in tears listening to the statement the judge, Desmond Nair, ordered a break in proceedings for him to regain his composure.

In his statement, Pistorius denied murder. He said that on 13 February he and Steenkamp had spent the evening at home in his bedroom, Pistorius watching TV with his prosthetic legs off, Steenkamp doing yoga. Steenkamp had bought him a present for valentine's day. They were deeply in love, the statement said. 

Nair has re-entered the court and Roux is about to continue reading the statement.

Karyn Maughan reports:

Karyn Maughan (@karynmaughan)

Roux tells #OscarPistorius: it's ok, you're just a human being. It's fine. @encanews

February 19, 2013

David Smith reports:

David Smith (@SmithInAfrica)

Nair leaves to allow Pistorius to regain composure. A woman hands him an energy drink, his brother pats him on the back, Roux talks to him.

February 19, 2013

There is a break in proceedings. 

Karyn Maughan (@karynmaughan)

Roux asks that #OscarPistorius's brother beallowed to sit next to him. OP pipes up: it's really fine, I'm fine. @encanews

February 19, 2013
Barry Bateman (@barrybateman)

#OscarPistorius Nair tells Oscar he needs to concentrate. We adjourn for a few minutes. Nair asks no photos be taken. BB

February 19, 2013

Nair asks Pistorius to try to maintain his composure. He gives Pistorius two minutes to speak to his family in order to help him do so. 

The magistrate, Desmond Nair, says his compassion as a human being doesn't allow him to continue the reading of the statement. 

Barry Bateman (@barrybateman)

#OscarPistorius proceedings stop. Oscar is inconsolable. Carl is hugging him from behind. BB

February 19, 2013

Pistorius's statement continues to tell the story of the night Steenkamp died:

Karyn Maughan (@karynmaughan)

#OscarPistorius: Reeva had bought me a present for Valentines Day. We were deeply in love. Oscar sobs. @encanews

February 19, 2013
David Smith (@SmithInAfrica)

Pistorius: "We were deeply in love." She felt the same way.

February 19, 2013
Alex Crawford (@AlexCrawfordSky)

#OsarPistorius OP sobbing uncontrollably. Magistrate stops reading of his statement

February 19, 2013

Pistorius's statement begins to tell the story of the night Steenkamp died:

Barry Bateman (@barrybateman)

#OscarPistorius on 13 Feb Reeva would have gone out with her friends, me with mine. She wanted to stay at home. BB

February 19, 2013
David Smith (@SmithInAfrica)

Pistorius: We agreed to spend evening at home. By 10pm we were in bedroom, she was doing yoga, I was watching TV with prosthetic legs off.

February 19, 2013

He denies murder.

Barry Bateman (@barrybateman)

#OscarPistorius I have been informed I have been acused of murder - I deny the accusation. BB

February 19, 2013
Karyn Maughan (@karynmaughan)

#OscarPistorius: I deny that I committed murder in the strongest point. Even though I don't have to, I want to deal with these allegations.

February 19, 2013
Barry Bateman (@barrybateman)

#OscarPistorius nothing can be further from the truth that I planned the murder of my girlfriend. BB

February 19, 2013

Pistorius's statement says he has no intention of relocating as he loves his country. His house is valued at 5m rand, he says. His other properties are valued at about 2m. 

He says he earns 5.6m rand a year. He says he has never been convicted of any crime. 

Barry Bateman (@barrybateman)

#OscarPistorius is leaning forward and sobbing. His brother Carl has his hand on his shoulder. BB

February 19, 2013

Pistorius's statement: "I fail to understand how I could be charged with murder, let alone premeditated murder, as I did not intend to kill my girlfriend Reeva Steenkamp."

Pistorius is hunched forward with his head down as Roux reads. 

Pistorius's statement says the interests of justice permit his release on bail.

The affadavit is Pistorius's version of what happened. Roux is about to read it out. 

The defence hands Pistorius's affidavit over to the prosecution.

Roux asks what evidence the prosecution has that Pistorius attached his prosthetic legs before the shooting.

Prosecutor Gerrie Nel says he has received Roux's application, and will respond by tomorrow. 

The BBC's Africa correspondent Andrew Harding tweets that Nel has told him Pistorius's trial will begin within a year.

andrew harding (@BBCAndrewH)

Prosecutor Nel tells me "a trial within a year" for #OscarPistorius

February 19, 2013

Which witnesses support the prosecution's claims, Roux asks

Roux asks whether the state (the prosecution) only relies on facts in documents before the court. If not, the prosecution must provide the information those facts are based on. 

Roux says he is happy to proceed, provided the state gives him this information by tomorrow

But first Roux wants to apply for information from the state, he says.

He has five questions and has asked for the information to be provided by tomorrow morning. 

Karyn Maughan (@karynmaughan)

Roux: we have five questions for the state. We have asked for the information by tomorrow morning. @encanews #OscarPistorius

February 19, 2013

Barry Roux, the defence lawyer, addresses the court. He will read an affadavit from Pistorius. 

David Smith notes:

David Smith (@SmithInAfrica)

Pistorius back in the dock, his jacket collar half turned up. His brother reaches forward and folds it down.

February 19, 2013

The hearing has resumed. 

Pistorius's defence team are now to begin to argue their case for why he should get bail. 

Here is Pistorius before the hearing began this morning.

Oscar Pistorius awaiting the start of court proceedings on 19 February 2013.
Oscar Pistorius awaiting the start of court proceedings this morning. Photograph: Siphiwe Sibeko/Reuters
Oscar Pistorius awaits the start of court proceedings on 19 February 2013.
Oscar Pistorius awaits the start of court proceedings this morning. Photograph: Siphiwe Sibeko/Reuters

To recap, the judge, Desmond Nair, has ruled that Oscar Pistorius should be charged with a schedule six offence: premeditated murder.

This means to be granted bail Pistorius will have to show "exceptional circumstances".

But Nair also said he may change the schedule at the end of the bail application, depending on the evidence.

The hearing is in recess at the moment.

The funeral of Reeva Steenkamp has been held this morning in the coastal South African city of Port Elizabeth. We have a report here

Here are members of the Pistorius family in court before the hearing began.

Oscar Pistorius's sister Aimee and brother Carl await the start of court proceedings in the Pretoria magistrate's court on 19 February 2013.
Oscar Pistorius's sister Aimee and brother Carl await the start of court proceedings in the Pretoria magistrate's court today. Photograph: Siphiwe Sibeko/Reuters
Oscar Pistorius's father Henke awaits the start of court proceedings in the Pretoria Magistrates court on 19 February 2013.
Oscar Pistorius's father Henke awaits the start of court proceedings in the Pretoria Magistrates court today. Photograph: Siphiwe Sibeko/Reuters

Journalist Daniel Howden notes:

Daniel Howden (@howden_africa)

#OscarPistorius defence must now show 'exceptional circumstances' or no bail. Must reveal something or gaol awaits

February 19, 2013

David Smith (@SmithInAfrica)

Pistorius family grouped in small circle, weeping, arms around each other. Cameras clicking and filming from every angle.

February 19, 2013

Karyn Maughan reports that Nair may change the schedule of the murder charge at the end of the bail application, depending on the evidence. 

David Smith reports that Nair will still consider evidence for downgrading the offence to schedule five. But Pistorius's defence has lost the first round. 

There will now be a five minute recess.

Pistorius cries as he hears the news. Nair has left the court. 

Judge rules Pistorius case is 'schedule six'

Magistrate Desmond Nair has ruled that Pistorius's case is a schedule six offence.

That makes it extremely unlikely the defendant will be granted bail.

Nair rules it is a schedule six case.

Nair says he cannot completely exclude the idea that Pistorius planned the killing. 

Barry Bateman (@barrybateman)

#OscarPistorius Nair I'm not going into full discussion of meaning of premeditation. BB

February 19, 2013
Barry Bateman (@barrybateman)

#OscarPistorius Nair save to say, there doesn't need to be a lengthy period of time for consideration of the act. BB

February 19, 2013
Karyn Maughan (@karynmaughan)

Nair: it's not necessary for there to be a thinking out of the act and the execution to show premeditation. @encanews #OscarPistorius

February 19, 2013
Karyn Maughan (@karynmaughan)

Nair: I cannot at this point completely exclude planning. #OscarPistorius @encanews

February 19, 2013

Nair seems annoyed the prosecution has brought this matter before him and not resolved it beforehand with DPP.

Barry Bateman (@barrybateman)

#OscarPistorius Nair I'm perplexed why my job wasn't made easier. But it's not impossible for me to deal with this matter. BB

February 19, 2013

Nair notes the prosecution's question: why would a burglar lock himself in the bathroom?

He says that Roux, the defence lawyer, took issue with each of Nel's statements of fact. He said, "so what?" the judge recalls. 

Nair says it is unfortunate that he has been called to rule on this. He has asked Nel why he has not submitted a note to the director of public prosecutions (who I assume Nair would prefer to have had decide the schedule six/five issue).

Karyn Maughan (@karynmaughan)

Nair: I find it unfortunate that I have to make a ruling on schedule of this offense. Why didn't the state get a certificate to that effect?

February 19, 2013

He says that South African law has evolved and it is now different to the past, when there was a high onus on the accused to get bail.

Nair says that Gerrie Nel, the prosecuting lawyer, is relying on objective facts. 

The overnight bag, the shots through the door, the locked door, the fact the door was broken from the outside, the fact Pistorius carried Steenkamp's body downstairs. 

The prosecution's only inference is that Pistorius put his prosthetic legs on before arming himself and shooting, the judge says. 

The magistrate says that if he rules it a schedule five case, the accused only has to show evidence that in the interests of justice he should be released on bail. 

Nair says that Pistorius faces a possible life sentence if convicted of premeditated murder. The defendant breaks down again and his brother comforts him with a hand on his back. 

Nair says if he thinks the charge should be premeditated murder, the accused has to show exceptional circumstances in order to be released on bail. 

Nair is now ruling on which schedule the case should be categorised as: the more serious schedule six, which would make it unlikely Pistorius would receive bail, or the less serious schedule five.

Things seem to be getting quite technical, according to these tweets from Eyewitness News's Barry Bateman:

Barry Bateman (@barrybateman)

#OscarPistorius Nair asking Nel why he doesn't have a note from the director of public prosecution on recommendation of schedule... BB

February 19, 2013
Barry Bateman (@barrybateman)

#OscarPistorius Nel arguing that the provision requiring such recommendation is used sparingly. Gelt it not required here. BB

February 19, 2013

Journalist Karyn Maughan adds:

Karyn Maughan (@karynmaughan)

Nair questions why Nel didn't get certificate from NDPP to state that #OscarPistorius case was premeditated. Nel: doing so is controversial

February 19, 2013

Nair adds that he has arranged for a second room to be made available in which the media can watch the proceedings on a live feed. 

Barry Bateman (@barrybateman)

#OscarPistorius Nair ... I am doing this primarily for a safety concern. The court rules still apply. BB

February 19, 2013

Nair says he has some questions for Barry Roux, the defence lawyer. Did you address me on the word "planned", he asks. Roux says planned is the same as premeditated, but Nair not convinced.

Oscar Pistorius and magistrate Desmond Nair are both back in court and the hearing is about to resume.

A problem with the recording equipment is delaying the resumption of the hearing. 

The court is about to resume.

Those paramedics were apparently for a switchboard worker in the court building.

Jacaranda Newsteam (@Jacanews)

#OscarPistorius ER24: Paramedics not for Oscar, but for switchboard worker on 1st floor

February 19, 2013

A number of paramedics have arrived at the court. It's not clear why.

Jacaranda Newsteam (@Jacanews)

Paramedics arrived at court #OscarPistorius … While court is in short break - we don't know why they are there yet. twitpic.com/c512nk

February 19, 2013

Earlier I reported that defence lawyer Barry Roux had said he had expected that the prosecution would want to talk about problems in the relationship between Pistorius and Steenkamp.

My colleague David Smith, who is in court, sought clarification on this.

It emerges that Roux was speaking hypothetically. He was saying that this was the kind of line he had expected the prosecution to pursue; he was not revealing that there were problems in the relationship. 

Summary

The court has adjourned for a short break. Here are they key points from this morning’s hearing.

 Both the defence and the prosecution agree that Oscar Pistorius shot his girlfriend, Reeva Steenkamp, through his bathroom door last Thursday. Pistorius is appearing in court in Pretoria this morning for a bail hearing. The Paralympic and Olympic running star frequently broke down in tears and appeared distressed and exhausted as the defence and prosecution set out their cases.

 The prosecution claimed this was an act of premeditated murder. Prosecutor Gerrie Nel set out a version of events in which Pistorius got up from bed, put on his prosthetic legs, armed himself, walked seven metres to the toilet door and shot Steenkamp four times; three of the shots killed her. Even if he thought she was a burglar, it was still premeditated murder, Nel said. But he asked why a burglar would lock himself in the toilet.

 Since Pistorius’s legal team wants the crime to be categorised as schedule five rather than the more serious schedule six, giving him more chance of receiving bail, a crucial question is whether the killing was “premeditated”. The prosecution argued it was. Premeditation did not have to be carried out over months, weeks or hours, Nel said, and it did not preclude feeling regret afterwards. Nel asked why Pistorius had carried Steenkamp’s body downstairs after the killing. And he questioned why Steenkamp had felt the need to lock herself in the toilet at 3am.

Defence lawyer Barry Roux argued that this was not premeditated murder. “This was not even murder,” he told the court. He said Pistorius thought Steenkamp was a burglar, and asked how the state knew Pistorius was aware that it was Steenkamp behind the door. He said he would lay out case after case in which husbands shot wives and fathers shot children through doors thinking they were burglars. And he suggested that Pistorius broke down the door afterwards to help Steenkamp. Roux said Pistorius would set out his own version of events, but not yet. But he suggested that Pistorius did not accept that he put on his prosthetic legs to get up and walk to the toilet to shoot Steenkamp, and asked rhetorically if the state had a witness who saw Pistorius do that. Roux told magistrate Desmond Nair that he did not have the facts in front of him to call this a “schedule six” crime.

The case continues.

The court breaks for 20 minutes. 

Roux says the act of walking to the bathroom does not add up to premeditation. 

Nair, the magistrate, asks if it is premediated if the person knows who is in the bathroom and that they won't come out, and shoots. 

Roux is drawing a distinction between intention and premeditation.

Roux is arguing that there is a difference between spontaneous and premeditated. 

Roux is responding again now. Where does the state get the idea that Pistorius put on his prostheses to walk to the toilet and shoot Steenkamp? Is there a witness? 

That is "not his version", Roux says.

The state argues that because it's not spur of the moment, it must be premeditated. It can't be, says Roux. 

Pre-planning doesn't mean months, weeks or hours, Nel says. It means: I ready myself, I get a gun, I make it ready to fire, and I walk there to shoot.

Nel says premeditation does not preclude Pistorius's feeling regret after the fact.

David Smith (@SmithInAfrica)

Nel: "It was pre-planned up until the time that he shot her. If he felt bad after that, that's something different."

February 19, 2013

He carried her body down the staircase, Nel says. He must tell us why he carried her downstairs. 

Barry Bateman (@barrybateman)

#OscarPistorius is squinting at Nel, appears repulsed by what he is hearing. B

February 19, 2013

Nel discusses the motive for Steenkamp having locked herself in the toilet.

And he says firing four shots through the door could not have been to scare someone.

Barry Bateman (@barrybateman)

#OscarPistorius Nel that broken door is important. He knew how big the room was. He knew she was there and he shot. BB

February 19, 2013
Karyn Maughan (@karynmaughan)

Nel: #ReevaStaankamp locked that toilet door for a purpose. We will get to that purpose. @encanews #OscarPistorius

February 19, 2013
David Smith (@SmithInAfrica)

Nel: "The broken door is important... She was there, she locked the door for a purpose, I'm not allowed to give you that purpose now."

February 19, 2013
Alex Crawford (@AlexCrawfordSky)

#OscarPistorius Prosec; 'It was 0300 in the morning, a woman in the toilet. If she was there for an urge, why did she lock the door?'

February 19, 2013
Barry Bateman (@barrybateman)

#OscarPistorius Nel did I want to scare someone by firing four shots into a room? There's no other version - this is preplanned. BB

February 19, 2013

EWN Reporter (@ewnreporter)

#OscarPistorius Nel is readings the dictionary meaning of premeditated - suggests a deliberate weighing up of crime. BB

February 19, 2013
EWN Reporter (@ewnreporter)

#OscarPistorius Nel we don't know what the accused was thinking, we have cold facts - 2 people in house, one locked in bathroom... BB

February 19, 2013

Nel says when Pistorius shot through that door he intended to kill her. 

He says there were two people in the house. Why didn't he ask: where is my girlfriend?

The state infers that he armed himself, intending to kill a defenceless burglar who had hid in the bathroom.

Nel says the toilet was a small 1.4mx1.4m room. When those shots were fired "it must have been horrific". She couldn't get away. 

Nel says the motive is: "I want to kill." I see a closed door, and I shoot. I want to kill; I don't care. 

David Smith (@SmithInAfrica)

Nel: "I walk seven metres, I see a bathroom door, I shoot... The motive is to kill."

February 19, 2013

Nel says Pistorius got up from bed, put on his prostheses, armed himself, and walked seven metres. It was not a case of "there's someone standing over my bed", he says.

Steenkamp locked herself in the toilet in the early hours of the morning; there are inferences that can be drawn, he says.

We will deal with a motive at a later stage, Nel says – that's not the same as pre-planning. We can say there was a motive to kill, Nel says.

Defence lawyer Roux finishes, and prosecuting lawyer Nel stands up, saying he is now "more convinced" that the killing was premeditated.

There was an argument before the shooting, says Nel.

Roux says to Nair that he does not have the facts to make a ruling that this was a schedule six crime. (Pistorius's team want it ruled to be schedule five, which is less serious, to increase the chance of his being granted bail.)

Pistorius breaks down uncontrollably when Roux suggests he did not know it was Steenkamp behind the door, Crawford reports.

There's no reason to think the broken door suggests guilt, Roux says. Pistorius shot first, then broke it to discover his mistake, Roux says.

Roux: "All we know is that she locked the bathroom door and he shot, thinking she was a burglar."

This was never, ever a premeditated murder, he says.

What is there in the state's case to say he didn't mistake her for a burglar, Roux asks.

Roux says it is "the cold and unfortunate facts" that Pistorius shot Steenkamp through the door. "Does he says the reasonable inference is that he knew it was Reeva behind that door? If that's the state's case please tell us."

Roux says there are "so many" murders in security complexes, places that given you "a false sense of security".

Roux: "His case is she was shot through the bathroom door. Why would you then break open the door?"

Roux suggests that Pistorius broke down the door to get to Reeva, to help her, not harm her.

Roux says every day people take refuge in toilets when they break into houses.

Roux says will put forward case after case where husbands shot wives through doors, where fathers shot children through doors, thinking they were burglars.

Roux says the police found an overnight bag at the scene. "I'm inclined to say: so what?" It's his girlfriend, says Roux.

Roux is arguing again against the concept of premeditation.

He says Pistorius will tell the court everything that happened that night.

EWN Reporter (@ewnreporter)

#OscarPistorius Roux on the state's version, every time someone picks up a firearm it is planned - that's not premeditated. BB

February 19, 2013
Daniel Howden (@howden_africa)

#Pistorius defence: with the state's argument all murders would be pre planned

February 19, 2013

Roux has said "this is not even murder".

Karyn Maughan (@karynmaughan)

#OscarPistorius's lawyer Barry Roux: I would have thought that state's case would have been that there were problems in this relationship..

February 19, 2013
Jacaranda Newsteam (@Jacanews)

#oscarpistorius defence:I would of thought the state will argue she did not want him anymore, "I want out of the relationship" ...

February 19, 2013
Barry Bateman (@barrybateman)

#OscarPistorius Roux I thought the state would introduce this conflict between the accused and deceased... BB

February 19, 2013
David Smith (@SmithInAfrica)

Roux: There were problems in the relationship. "She did not want him any more. She told friends: 'I'm scared.' She was getting messages."

February 19, 2013

Jacaranda Newsteam (@Jacanews)

#oscarpistorius defence: what is premeditation ... Facts to determine 1) planning activity, 2) Motive to kill Victim, 3) Intention to Kill

February 19, 2013

Roux is using case law to argue against premeditation, according to Eyewitness News's Barry Bateman.

David Smith (@SmithInAfrica)

Roux citing American jurists who "disagreed strongly" on the meaning of premeditation, claiming it is hard to prove planning.

February 19, 2013

Defence lawyer Roux tells the prosecutor: "You have available a draconian procedure."

Karyn Maughan points out that Nel made no mention of a cricket bat being used in the attack on Steenkamp.

Nair warns Pistorius that if he gives false evidence to the court he faces jail. Pistorius rises and says: "Yes, your worship."

The defence lawyer, Barry Roux is speaking now. He says Pistorius has no previous convictions.

Nair, the magistrate, is questioning whether past offences are a factor.

He asks Pistorius if he is following what is happening. "Yes, yes," he says faintly, giving a small nod.

Nel argues that premeditation does not have to include "months of planning". Pistorius's brother Carl kneels on the floor, resting his hand on the right side of the defendant's back. Oscar Pistorius is staring at the ground.

The prosecution is claiming that even if Pistorius did think she was a burglar, his shooting her through the bathroom door still constitutes premeditated murder.

David Smith (@SmithInAfrica)

Nel: The applicant broke down the toilet door and carried the victim downstairs. He told a friend: "I thought it was a burglar."

February 19, 2013
Karyn Maughan (@karynmaughan)

Nel: #OscarPistorius's claims that he thought Reeva was a burglar clearly shows element of pre-planning. @encanews

February 19, 2013
Alex Crawford (@AlexCrawfordSky)

#OscarPistorius Pros says claiming Reeva was an intruder was part of the plan

February 19, 2013
Jacaranda Newsteam (@Jacanews)

#oscarpistorius state says how could it be burglar ... Why would a burglar look himself in a toilet, coz the door was broken down

February 19, 2013
Karyn Maughan (@karynmaughan)

Nel: #OscarPistorius got up, put on his prosthesis and walked 7 meters to fire gun. @encanews

February 19, 2013
David Smith (@SmithInAfrica)

Nel: "We say that was all part of the pre-planning." Even if accept burglar story, we say it still "constitutes premeditated murder".

February 19, 2013
Jacaranda Newsteam (@Jacanews)

#oscarpistorius state says this means the applicant planned to kill a defenceless, unarmed "burglar"

February 19, 2013

Nel continues to set out the prosecution's version of events:

Karyn Maughan (@karynmaughan)

Nel: there were 2 people in the house. The deceased planned to stay over that night. Deceased shot 3 times in toilet. #OscarPistorius

February 19, 2013
David Smith (@SmithInAfrica)

Nel: The deceased arrived between 5 and 6pm. Overnight bag and cosmetic bag. "The deceased was shot three times while on the toilet"

February 19, 2013
Karyn Maughan (@karynmaughan)

Nel: a passage links bathroom and bedroom. We infer toilet door was locked because it was broken from outside. @encanews

February 19, 2013

Shots were fired through a closed bathroom door, Nel says. He shot Reeva Steenkamp four times; three of the shots killed her. It was premeditated murder, the prosecuting lawyer says.

The prosecution says Pistorius has not given his own version of events at all.

EWN Reporter (@ewnreporter)

#OscarPistorius Nel the accused fired four shots, three killed the woman. She locked herself in the bathroom a shot through door. BB

February 19, 2013
Karyn Maughan (@karynmaughan)

Nel: #OscarPistorius hasn't presented a version of any sorts on night that Reeva Steenkamp died.@encanews

February 19, 2013
David Smith (@SmithInAfrica)

Nel: The state only has its own version of the facts. "The applicant has not furnished a version of any sort."

February 19, 2013

Prosecutor Gerrie Nel begins speaking, laying out the prosecution case that Pistorius shot an innocent woman, who was unarmed and inside a toilet. Pistorius slumps forward, sobbing.

Karyn Maughan (@karynmaughan)

Nel: #OscarPistorius shot an unarmed innocent woman...she was unarmed and inside a toilet. #Pistorius sobs, his head in his hands @encanews

February 19, 2013
David Smith (@SmithInAfrica)

Prosecutor Gerrie Nel: Murder charge. "The applicant shot an unarmed and innocent woman." Pistorius slumps forward, head in hands.

February 19, 2013

Lawyers for the Beeld and Independent newspapers now seem to be defending themselves against the idea that they may be in contempt of court for publishing pictures of Pistorius at his first hearing.

Pistorius looks "exhausted" and "emotional", according to legal journalist Karyn Maughan. Sky News's Alex Crawford describes him as looking very contemplative and calm, sitting staring at this hands.

The prosecution say they are ready to argue for a charge of schedule six premeditated murder.

Pistorius's team are aiming to have this reduced to the relatively less serious schedule five.

Nair asks Pistorius if he is well. "Yes, sir," he replies, staring ahead, and sits down. His brother Carl hands him a bottle of water.

Oscar Pistorius has arrived in court. Against judge Desmond Nair's wishes, photographers are taking pictures of him.

Alex Crawford (@AlexCrawfordSky)

#OscarPistorius OP wearing dark blue suit, camera crews in trouble already as they take pictures as OP enters despite court ruling

February 19, 2013
Daniel Howden (@howden_africa)

Magistrate orders cameras off as #pistorius enters the dock. They fire away anyway. Is english the barrier? He asks

February 19, 2013
Karyn Maughan (@karynmaughan)

Chief magistrate Desmond Nair: if those images that were just shot are published, there may be contempt proceedings. @encanews

February 19, 2013
David Smith (@SmithInAfrica)

Nair: "I'm concerned because on Friday, subsequent to my order, a photograph was taken and published." The media house has apologised.

February 19, 2013
andrew harding (@BBCAndrewH)

#Pistorius arrives in court. Blue suit tie and shirt. Standing as magistrate tells photographers not to shoot or publish pictures.

February 19, 2013
Alex Crawford (@AlexCrawfordSky)

#OscarPistorius The athlete looking straight ahead at Magistrate as he lectures media. Slight shake of OP hands which are firmly clasped

February 19, 2013

I've just been speaking to the Guardian's David Smith, who has managed to get into the courtroom. He said the frenzied scenes at the court where reminiscent of high-profile trials in the US in the 1920s and 30s.

There's a real electricity in the air, more than 100 people crammed into a red-brick courtroom. There are lawyers with big files and sheets of paper and briefcases, lots of court officials sitting around, police wearing flak jackets, and dozens of journalists, TV cameras and photographers. It was a massive media scrum to try to get in here.

Pistorius's father and brother were there, David says, but he could not see anyone from Reeva Steenkamp's family and he said:

I think it's extremely unlikely. She's going to be cremated today at a private funeral several hundred miles from here in Port Elizabeth, so I feel pretty certain all the family members will be there for that. As far as I know there were no family members here last Friday either for the hearing. They seem to be steering clear of the court hearings so far. Whether they come out in force if and when Oscar Pistorius stands trial as of course another matter, and we'll wait to see that.

David said that although the hearing was scheduled for today and tomorrow it was not clear how long it would actually take. Cases in South Africa could often be adjourned on technicalities, he said.

Sky News's Alex Crawford sends this photo of Oscar Pistorius's father Henke in court this morning.

Alex Crawford (@AlexCrawfordSky)

#OscarPistorius OP's father (in white shirt and glasses) looking a little anxious to me yfrog.com/ob7nocfbj

February 19, 2013

Also in court is South African legal journalist Karyn Maughan.

Karyn Maughan (@karynmaughan)

#OscarPistorius's supporters packed into the benches of Court C. Reeva's family are attending her cremation, so aren't present @encanews

February 19, 2013
Karyn Maughan (@karynmaughan)

#OscarPistorius forensic expert Reggie Perumal has arrived in court. He's carrying a large map. @encanews

February 19, 2013

A reporter from South Africa's Eyewitness News is also in court.

EWN Reporter (@ewnreporter)

#OscarPistorius family are in the gallery - father and sister. BB

February 19, 2013

Here's another photograph of the protests:

Mia Lindeque (@MiaLindeque)

" #Pistorius must rot in hell" reads one placard...ANCWL now demonstrating outside.#OscarPistorius ML twitpic.com/c50apw

February 19, 2013

There are reports on Twitter of an ANC Women's League protest against violence against women at the court.

Jacaranda Newsteam (@Jacanews)

ANCWL entering court with placards opposing violence against women. #OscarPistorius ML twitpic.com/c50aen

February 19, 2013

Journalist Daniel Howden reports that some details of Reeva Steenkamp's post-mortem will be disclosed at this morning's hearing.

The BBC's Andrew Harding says there is a PowerPoint projector screen on the wall, which he says is likely to be used to display evidence. There is a "hushed atmosphere" in the court.

According to Sky News and journalist Daniel Howden, there are around 200 journalists outside the court, having been unable to get in.

Some updates from journalists in the courtroom:

andrew harding (@BBCAndrewH)

#OscarPistorius father and other friends and relatives sitting here. Cameras waiting for athlete to walk in.

February 19, 2013
Daniel Howden (@howden_africa)

Bedlam outside Court C in Pretoria.Reporters in crush while court officials get stroppy #Pistorius

February 19, 2013

Good morning. Paralympic and Olympic running star Oscar Pistorius has arrived in court in Pretoria this morning ahead of a bail hearing at 9am local time (7am GMT).

The South African athlete, the world’s best known disabled sports star, faces a charge of murder after his girlfriend, Reeva Steenkamp, was found dead at his home in Pretoria last Thursday, having been shot four times. Her funeral will take place today.

Pistorius, his head covered with a hoodie, left the police station in Brooklyn, Pretoria, where he is being held and arrived at the back entrance of the courthouse in South Africa’s capital this morning.

We’ll have live coverage of the hearing, which is scheduled to last two days, here as it happens.

My colleague David Smith, the Guardian’s Africa correspondent, is in Pretoria and is tweeting live. You can follow him here.

Pistorius’s legal team is expected to try to convince the court that his offence should be changed from schedule six to the somewhat less serious schedule five, giving him more chance of being granted bail. They are expected to argue that he is not a danger to the public and does not pose a flight risk.

The prosecution will describe their evidence and explain why they are pushing for a charge of premeditated murder.

Most commentators expect bail to be denied.

In this piece David explains what will happen after that and runs through the basics of the South African legal system – including the fact that the country abolished juries in the 1930s because all-white juries were failing to give black defendants a fair trial.

That is part of the reason why there has been so much speculation about the case in the South African media – unlike a jury, a judge is viewed as unlikely to be swayed by such coverage. This morning the Times of South Africa reports that boxes of drugs were found in a bedside drawer at his house and are being tested for evidence of steroids, David tells me, while the Star says that Pistorius applied for six separate firearm licences in January, including one for a Smith & Wesson Model 500, "the world's most powerful handgun".

We’ll have live coverage as soon as the hearing starts.