An Australian television network yesterday defended its decision to air footage showing Oscar Pistorius in a re-enactment of the night he shot his girlfriend, insisting that it was not obtained illegally.
The Seven Network broadcast the video on Sunday, before the resumption of the Paralympic gold medalist’s trial in South Africa for the slaying of Reeva Steenkamp.
The video was made by the Evidence Room, a US firm that makes forensic animation. Pistorius’ lawyers said it was commissioned by his defense team and obtained illegally by the TV station.
The broadcaster disputed this in a statement.
“This was a significant investigation ... examining the critical 85 minutes on Valentine’s Night 2013 when Reeva Steenkamp was shot dead by Oscar Pistorius,” said Mark Llewellyn, executive producer of the Sunday Night program. “The material shown on Sunday Night goes to the heart of both the prosecution and defense cases, including the account provided by Oscar Pistorius.
“We would not have run the footage if we thought we had obtained it illegally. The story was run in Australia only and not made available to any other territory,” he said.
It did not say how it obtained the footage, in which the double-amputee is seen crossing a room on his stumps, wearing a tank top and tight black shorts, his hand clenched in the air as if ready to fire a gun.
The 27-year-old is also seen screaming and crying for help, and carrying his younger sister Aimee down a flight of stairs, as he acts out his account of the minutes after he shot Steenkamp.
Observers say it is now unlikely that the prosecution would be able to introduce the video as evidence when the trial resumed.
Stephen Tuson, an associate law professor at the University of the Witwatersrand in Johannesburg, said the origin of the footage was important.
“If it was produced by the defense as part of their investigation and preparation for the trial, it’s strictly privileged, it’s confidential and cannot be used,” Tuson said.
“Whatever you tell your attorney is strictly confidential and privileged, if there’s a breach of that, there can be a mistrial,” Tuson added. “If there is a failure of justice, that’s the end of the trial.”
Pistorius, known as the “Blade Runner” for his prosthetic limbs, has been charged with murdering Steenkamp after an argument early on Valentine’s Day last year.
The sprinter claims he shot the 29-year-old believing she was an intruder.
If found guilty of premeditated murder, he faces up to 25 years in jail.
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