If Oscar Pistorius had wanted to kill his girlfriend Reeva Steenkamp, he did not need a locked toilet or bathroom, his lawyer said at his bail application in the Pretoria Magistrate's Court on Thursday.
"He could do it anywhere," said advocate Barry Roux, rejecting not only the murder charge, but also that it was pre-meditated as the State has alleged.
Pistorius is charged with murdering Steenkamp, which he has denied in an affidavit, saying he thought there was an intruder in the house when he shot into the toilet she was in.
Evidence
The evidence does not show that Pistorius committed murder, Roux said.
"There is no evidence that the applicant knew it was Reeva in the toilet," said Roux.
A post mortem showed her bladder was empty, consistent with a person getting up early in the morning to go to the toilet.
The charge sheet itself does not mention pre-meditated murder, just murder, continued Roux.
It stated that Steenkamp spent the night, indicating a "loving relationship". Every preamble in the charge sheet did not support premeditated murder either, he said.
Pistorius also gave the same version of events to his sister Aimee.
Roux spoke of the "poor quality" of the investigating officer and said there were shortcomings in the State's case.
Roux said the onus was on the State to prove murder and intent to murder, and it had fallen "far short" of doing this.
The court adjourned for lunch.
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