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Prosecutors: Detective should be dropped from case

By Jon Gambrell

Associated Press

Published: Thursday, Feb. 21 2013 7:30 a.m. MST

Olympic athlete Oscar Pistorius's father Henke Pistorius, right, with daughter Aimee, left, during his bail hearing at the magistrate court in Pretoria, South Africa, Thursday, Feb. 21, 2013. The lead investigator in the murder case against Pistorius faces attempted murder charges himself over a 2011 shooting, police said Thursday in another potentially damaging blow to the prosecution. Prosecutors said they were unaware of the charges against veteran detective Hilton Botha when they put him on the stand in court to explain why Pistorius should not be given bail in the Valentine's Day shooting death of his girlfriend.

Themba Hadebe, Associated Press

Enlarge photo»

PRETORIA, South Africa — Prosecutors reinstated attempted murder charges against a policeman leading the murder investigation into world-famous athlete Oscar Pistorius, in the latest twist in a case that has captivated South Africa and threatens to bring down a national idol.

The announcement that detective Hilton Botha faces reinstated charges in connection with a 2011 shooting incident came a day after he testified for the prosecution in Pistorius' bail hearing, and by all accounts bungled his appearance. He acknowledged Wednesday that nothing in Pistorius' account of the fatal Valentine's Day shooting of his girlfriend contradicted what police had discovered.

The spokeswoman for the nation's prosecutors urged that Botha be removed from the Pistorius case.

Pistorius, an Olympian whose lower legs were amputated when he was less than a year old, claims he mistook girlfriend Reeva Steenkamp for an intruder when he shot her in a locked bathroom in his home.

Bulewa Makeke, spokeswoman for South Africa's National Prosecuting Authority, acknowledged Thursday that the timing of the attempted murder charges is "totally weird" but said Botha should be dropped from the case against the world-famous athlete. However Makeke said the charges against Botha were reinstated against Botha on Feb. 4, before his testimony Wednesday and even before Steenkamp was killed. Police said they were notified Wednesday of the reinstated charges which stem from a 2011 shooting incident in which Botha and two other officers allegedly fired at a minibus.

Makeke indicated the charge was reinstated because more evidence had been gathered, saying the charge against Botha was initially dropped "because there was not enough evidence at the time. But then, obviously the investigation continued up to the fourth (of) February and the senior public prosecutor was in a position to make a decision to reinstate the case."

She emphasized that it is a decision for police and not prosecutors whether to take Botha off the Pistorius case, one that has riveted the world's attention and is bringing scrutiny on South Africa's justice system.

"Is he going to be dropped from the case? I don't know. I think the right thing would be for him to be dropped," Makeke said outside Pretoria Magistrate's Court shortly before Pistorius' bail hearing went into a third day. "Obviously there will be consultations between the two (police and prosecutors) to determine what is the best course of action."

Pistorius' main sponsor Nike, meanwhile, suspended its contract with the Paralympic champion, following on from eyewear manufacturer Oakley's decision to suspend its sponsorship Monday. 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."

Botha was summoned by the magistrate at the start of Thursday's bail hearing for Pistorius. The hearing began on Tuesday and is already running behind schedule, with it expected to have been completed on Wednesday.

Chief Magistrate Desmond Nair asked the defense: "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."

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 again questioned after Botha conceded to a string of blunders on the second day of the hearing.

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