Oscar Pistorius murder case: Embattled detective dropped after blunders, criminal charges filed against him

Updated at 12:14 p.m. ET

PRETORIA, South Africa South Africa's top detective was appointed lead investigator in the Oscar Pistorius case Thursday, replacing a veteran policeman who was charged with attempted murder in the latest shock development to hit a case being watched closely by the nation.

National Police Commissioner Riah Phiyega promised that a team of "highly skilled and experienced" officers would investigate the killing of Pistorius' 29-year-old girlfriend. Pistorius, 26, has been charged with premeditated murder in the case.

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Pistorius investigator faces attempted murder charges

The decision to put police Lt. Gen. Vinesh Moonoo in charge came soon after word emerged that the initial chief investigator, Hilton Botha, is facing attempted murder charges, and a day after he offered testimony damaging to the prosecution in Pistorius' bail hearing.

Botha was dropped from the case but not suspended from the police force, Phiyega said.

Pistorius, an Olympic runner whose lower legs were amputated when he was less than a year old, killed his girlfriend Reeva Steenkamp in the predawn hours of Valentine's Day. He claims he mistook her for an intruder when he shot her through a locked door in a bathroom in his home. Prosecutors say the shooting happened after the couple got into an argument and allege the killing was deliberate, carried out with no mercy.

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Oscar Pistorius defense team goes on the attack

Botha acknowledged Wednesday in court that nothing in Pistorius' version of the fatal shooting of Steenkamp contradicted what police had discovered, even though there have been some discrepancies. Botha also said that police had left a 9 mm slug in the toilet and had lost track of allegedly illegal ammunition found in Pistorius' home.

Botha's often confused testimony left prosecutors rubbing their heads in frustration as he misjudged distances and said testosterone — banned for professional athletes in some cases — was found at the scene, only to be later contradicted by the prosecutor's office.

Emma Hurd, reporting for CBS News from Pretoria, reports that the case against Pistorius has been seriously weakened by the police blunders.

The prosecution has also struggled to show that the athlete is a flight risk or poses any serious threat if he's granted bail, so he could be freed to await his trial, Hurd reports.

• Pistorius loses Nike deal, at least for now
• AP: Pistorius sought more guns before shooting
• Pistorius prosecution: Error in "testosterone" testimony

"This matter shall receive attention at the national level," Phiyega told reporters soon after the end of proceedings in the third day of Pistorius' bail hearing. The case has riveted South Africa and much of the world and has placed the country's judicial system under close scrutiny.

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Oscar Pistorius' model girlfriend

Bulewa Makeke, spokeswoman for South Africa's National Prosecuting Authority, said the attempted murder charges had been reinstated against Botha on Feb. 4. Police say they found out about it after Botha testified in Pistorius' bail hearing Wednesday.

Botha and two other police officers had seven counts of attempted murder reinstated against them in relation to a 2011 shooting incident. Botha and his two colleagues allegedly fired shots at a minibus they were trying to stop.

Asked about Botha's court performance and handling of the investigation, Phiyega said South Africa's police force "can stand on its own" compared to others around the world.

Makeke, the spokeswoman for the national prosecution office, had said before Botha was dismissed from the Pistorius case that he should be taken off, but added that it was up to the police force to make that decision.

Makeke indicated the charges were reinstated against Botha because more evidence had been gathered. She said the charge against Botha was initially dropped "because there was not enough evidence at the time."

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Olympic athlete charged with murder

Pistorius' main sponsor Nike, meanwhile, suspended its contract with the multiple Paralympic champion, following eyewear manufacturer Oakley's decision to suspend its sponsorship. Nike said in a brief statement on its website: "We believe Oscar Pistorius should be afforded due process and we will continue to monitor the situation closely."

The judge is still trying to decide whether to grant Pistorius bail, and under what conditions.

During Thursday's bail hearing, Chief Magistrate Desmond Nair asked the defense of Pistorius' bail application: "Do you think there will be some level of shock if the accused is released?"

Defense lawyer Barry Roux responded: "I think there will be a level of shock in this country if he is not released."

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Oscar Pistorius breaks down in court

Opposing bail, prosecutor Gerrie Nel painted a picture of a man "willing and ready to fire and kill," and said signs of remorse from Pistorius do not mean that the athlete didn't intend to kill his girlfriend.

"Even if you plan a murder, you plan a murder and shoot. If you fire the shot, you have remorse. Remorse might kick in immediately," Nel said.

As Nel summed up the prosecution's case opposing bail, Pistorius began to weep in the crowded courtroom, leading his brother, Carl Pistorius, to reach out and touch his back.

"He (Pistorius) wants to continue with his life like this never happened," Nel went on, prompting Pistorius, who was crying softly, to shake his head. "The reason you fire four shots is to kill," Nel persisted.

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Reeva Steenkamp's funeral

Earlier Thursday, Nair questioned Botha over delays in processing records from phones found in Pistorius' house following the killing of Steenkamp, a 29-year-old model and budding reality TV contestant.

"It seems to me like there was a lack of urgency," Nair said as the efficiency of the police investigation was questioned.

Botha is himself to appear in court in May to face seven counts of attempted murder. Botha could still be called by defense lawyers at trial.

Pisatorius' behavior Thursday reflected the change of mood in the courtroom as his defense lawyers attacked police procedures and maintained his innocence.

Pistorius, in the same gray suit, blue shirt and gray tie combination he has worn throughout the bail hearing, stood ramrod straight in the dock, then sat calmly looking at his hands. On Tuesday and Wednesday, the athlete had been slumped over and sobbing uncontrollably at times as detail was read out of how Steenkamp died in his house.

"The poor quality of the evidence offered by investigative officer Botha exposed the disastrous shortcomings of the state's case," Roux said Thursday. "We cannot sit back and take comfort that he is telling the truth."

Roux also raised issue of intent, saying the killing was not "pre-planned" and referred to a "loving relationship" between the two.

He said an autopsy showed that Steenkamp's bladder was empty, suggesting she had gone to use the toilet as Pistorius had claimed. Prosecutors claim Steenkamp had fled to the toilet to avoid an enraged Pistorius.

"The known forensics is consistent" with Pistorius' statement, Roux said, asking that bail restrictions be eased for Pistorius.

But the prosecutor said Pistorius hadn't given guarantees to the court that he wouldn't leave the country if he was facing a life sentence. Nel also stressed that Pistorius shouldn't be given special treatment.

"I am Oscar Pistorius. I am a world-renowned athlete. Is that a special circumstance? No." Nel said. "His version (of the killing) is improbable."

Nel said the court should focus on the "murder of the defenseless woman."

Botha testified Thursday that he had investigated a 2009 complaint against Pistorius by a woman who claimed the athlete had assaulted her. He said that Pistorius had not hurt her and that the woman had actually injured herself when she kicked a door at Pistorius' home.

The hearing is to continue Friday morning.

[Uncle_Junior]

This bladed bastard is guilty of MURDER. You DON'T shoot first and ask questions later. Using deadly force is a RESPONSIBILITY that MUST be taken seriously. This trial ought to take no more than a day. Pistorius was holding a loaded gun. What could he possibly be afraid of? NOTHING. Whether or not the murdered victim took a **** is immaterial. Whether or not Pistorius used steroids is also immaterial. I often hear lots of mysterious noises in the middle of the night, but I don't grab my gun and immediately start shooting at them! What he did to that poor woman is unforgivable. I'm also disgusted with Nike & will NEVER wear their shoes again. To think that they are still considering renewing his contract with them is disgusting. Perhaps Nike would like to use O.J. Simpson in their ads. After all, he was found not guilty of murder.

[karembokim]

Having experienced male violence myself, like many other women I learnt not to provoke, to keep my head down and to recognise the signs. There is a type of man highly-prized in this society, pumped up with the testorone of adoration, power and money whose contempt for women society prefers to turn a blind eye to. A young woman may not recognise this type until it is too late and then not have the skills to defuse a potentially violent situation.
It sounds that things escalated on that fateful night and Reeva took desperate refuge in the bathroom or maybe seeking an escape route.
Did she deliver rejection that sent Pistorius reeling into a vengeful battle against a door that life might close on him? Did we create a Frankenstinean monster with our endorsement of traits that should have

been questioned rather than exhaulted? like the spoilt child who pushes the boundaries too far...are we really surprised there was no longer any super-ego saying 'Stop!'

[andthetruthis]

The police allowing Botha to be involved in a 'high profile media case' is off the richter scale for asleep at the wheel. Let's hope they can salvage this,and get Reeva some justice.Too bad no death penalty in SA.

[hlmelsaid]

Enough evidences.

[brasileira2]

"Botha was dropped from the case but not suspended from the police force, Phiyega said"

Way to go South Africa!!!

[cookiee222]

I admired Oscar so much!! I used to watch at the Olympics because of him. This new has let me speechless, it is so sad that a brilliant man like him, admired by everyone for his valor and legs has come to this point. What made him react this way if he really killed his girlfriend? what happened there at that moment that he reacted this way, what happened in reality, only him and God knows. We should not judge without knowing the true. Now, if it was him he was really stupid for doing this, he should have let her go if it was mad at her, not kill her. Have you thought about the pain of her family as well, that family must be destroyed ! and his family not to mention it. It is a pain for them and for his fans. I hope this has a good ending, but as far as I see it, all the proofs show him guilty. It is sad !

[Comonnow28]

@Grumpigramp
So if anybody fires a round at their family just because they are "fearful for their" life that means he is innocent ? The guy did not even bother to check who was behind the lock door. He is a nut case to begin with.

[VO142857]

GrumpiGramp, I don't see a proof that he is innocent, but looks like police and prosecutors are more screwed up than him, which makes any of their claims suspicious. "Not guilty", which means "guilt not proven", would be more appropriate.

[voterx]

Whatever you might think about Mr. Pistorius story, this keystone cop really screwed up.

CNN reported for the last couple of days that the cop/detective/moron, contaminated the entire crime scene by not wearing booties over his shoes, standard procedure all over the world.

This means that this trial, already a worldwide freak show, will now be guaranteed to be a trial of the century.

[Lendogg]

That detective or whatever he is has some killer instinct in his eyes. He looks like a murderer.

[lloydbest1]

There's a lot fishy here. Mr. Pistorius admitted shooting his sweetie. He never claimed Reeva S. attacked him first so self-defense is not a factor. REGARDLESS of any other circumstance, he needs to see some significant jail time.
The conduct of the prosecution and of H. Botha is disgraceful. We have an overzealous prosecutor in Gerrie Nel trying to push a charge of premeditated murder he cannot possibly prove. I say again, go for the "second degree"; there is a much better chance of conviction and O.P. will still spend 15 to life under VERY uncomfortable circumstances.
Botha himself didn't do anyone any favors either, doing his best to out do Mark Furman in snatching certain defeat out of the jaws of victory - and we are only at the bail hearing. It's a relief to have him heaved but given how egregiously incompeten Mr. B. was, I don't have a whole lot of confidence in General Moonoo either.
As for Ms. Makeke...If something as serious as attempted murder is connected to a detective anywhere in the republic, wouldn't the wise move to make be IMMEDIATELY informing the agency (s)he works for? The charges were reinstated on the 4th and nobody knew anything 'til the 15?? Sorry, but that to put it as delicately as possible, is feces!

"National Police Commissioner Riah Phiyega promised that a team of "highly skilled and experienced" officers would investigate the killing of Pistorius' 29-year-old girlfriend." I sure hope so because there is a lot of damage the police investigating the crime have done to themselves so far. If we were playing this case by American rules, it is possible - even likely - that Oscar Pistorius, as guilty as he is, would already be a free man.

[Comonnow28]

I think it's possible that Botha was just played - set up to fail and mess the case. One of his superiors must have known he was charged and still he was put on the case.

[LourdesKriete]

Read more about Vinesh Moonoo, the new detective in the Oscar Pistorius case! http://dailyentertainmentnews.com/breaking-news/vinesh-moonoo-is-the-new-detective-in-the-oscar-pistorius-murder-case/