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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

They did not discuss anything relating to the attempted murder charges against Botha and if he should continue on the case. Police say that Botha and two other police officers fired at a minibus they were trying to stop, and will appear in court in May to face seven counts of attempted murder.

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 as the magistrate arrived Thursday and then sat calmly looking at his hands as Roux picked apart the prosecution's argument. On Tuesday and Wednesday, the athlete was slumped over and sobbing uncontrollably at times as detail was read out of how Steenkamp died in his house.

Roux continued to cast doubt on the state's case and the investigation, following up after lead investigator Botha conceded Wednesday that police had left a 9 mm slug in the toilet where Steenkamp died, had lost track of illegal ammunition found in the home and that Botha himself had walked through the scene without protective shoe covers, possibly contaminating the area.

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

"The known forensics is consistent" with Pistorius' statement, Roux said. The lawyer said the evidence does not even show Pistorius committed a murder.

Botha also testified earlier 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.

Botha was only questioned for 15 minutes before he was excused by Nair, but South Africa's prosecuting authority and the police still had to make a decision over whether the 24-year police veteran would be removed from the investigation because of the charges against him.

In summing up the defense argument in the bail hearing, Roux asked that bail restrictions be eased for Pistorius, who then began crying softly.

AP Sports Writer Gerald Imray in Johannesburg contributed to this report.

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