Share

Mic should have been switched off - Nel

Bloemfontein - State prosecutor Gerrie Nel said on Tuesday he could not comment on the context in which Oscar Pistorius’s advocate Barry Roux had told him that he, Roux, was going to "lose".

- Read more: Im going to lose - Roux heard telling Nel

"No, I can’t. You should speak to Roux about it," Nel told News24, smiling as he wheeled his briefcase across the Supreme Court of Appeal courtyard to the exit.

Roux did not answer his phone or respond to a text message for clarification.

After court adjourned on Tuesday afternoon, pool microphones for the broadcast picked up Roux and Nel chatting after proceedings, which had been broadcast live.

Roux and Nel can be heard talking but what they are saying is not clear, but then Roux can clearly be heard saying: "...maar dat ek gaan verloor is feite." [But that I am going to lose is a fact.]

Nel said the microphones should have been switched off.

Brian Webber, Pistorius’s attorney, also could not comment immediately.

"I can’t comment until I have seen the whole recording. I am driving now," he said.

- Read more: Oscar appeal: Quotes of the day

According to an SCA practice note on media coverage, there is an "absolute bar" on audio recordings of legal representatives. Those who failed to comply could be held in contempt of court.

The SCA reserved judgment on Tuesday afternoon after hearing arguments from both sides in the State’s application to appeal Pistorius’s conviction of culpable homicide. 

The State wants his conviction to be replaced with that of murder.

On October 21 last year Pistorius was sentenced to five years in prison for shooting Reeva Steenkamp dead on Valentine's Day in 2013.

He fired four shots through the locked door of the toilet in his Pretoria home, apparently thinking an intruder was hiding behind it.

The double-amputee track star was sentenced to a further three years, suspended for five years, for firing a shot at Tasha’s restaurant in Johannesburg in January 2013.

Should the SCA court uphold the appeal, it is unlikely that there will be a retrial.

We live in a world where facts and fiction get blurred
Who we choose to trust can have a profound impact on our lives. Join thousands of devoted South Africans who look to News24 to bring them news they can trust every day. As we celebrate 25 years, become a News24 subscriber as we strive to keep you informed, inspired and empowered.
Join News24 today
heading
description
username
Show Comments ()
Voting Booth
Do you think corruption-accused National Assembly Speaker Nosiviwe Mapisa-Nqakula will survive a motion of no confidence against her?
Please select an option Oops! Something went wrong, please try again later.
Results
No, her days are numbered
42% - 340 votes
Yes, the ANC caucus will protect her
58% - 472 votes
Vote
Rand - Dollar
18.94
-0.2%
Rand - Pound
23.94
-0.2%
Rand - Euro
20.46
+0.1%
Rand - Aus dollar
12.35
-0.0%
Rand - Yen
0.13
-0.2%
Platinum
911.00
+1.6%
Palladium
1,008.15
+0.6%
Gold
2,222.33
+1.3%
Silver
24.87
+0.9%
Brent Crude
86.09
-0.2%
Top 40
68,346
+1.0%
All Share
74,536
+0.9%
Resource 10
57,251
+2.9%
Industrial 25
103,936
+0.6%
Financial 15
16,502
-0.1%
All JSE data delayed by at least 15 minutes Iress logo
Editorial feedback and complaints

Contact the public editor with feedback for our journalists, complaints, queries or suggestions about articles on News24.

LEARN MORE