Oscar Pictorius released on bail and can even leave his house

Oscar Pictorius applied for bail in court, after being convicted of the murder of Reeva Steenkamp by South Africa's Supreme Court of Appeal.

Oscar Pistorius, the former Paralympic athlete last week convicted of murdering girlfriend Reeva Steenkamp, has been granted bail on the provision he surrenders his passport and wears an electronic tag, writes Aislinn Laing in Pretoria.

The athlete’s legal team confirmed it will lodge an appeal with South Africa’s highest tribunal, the Constitutional Court, after the Supreme Court of Appeal ruled last week that his manslaughter conviction be upgraded.

Pistorius, 28, is at present under house arrest at his uncle’s palatial home in Pretoria after he was released on parole just one year into his five year sentence for shooting the model and law graduate through a locked lavatory door on St Valentine’s Day 2013.

Today, he returned to court to apply for bail pending a decision by the Constitutional Court. His sentence for the upgraded murder conviction could result in him returning to prison for up to 15 years, but will be delayed until the appeal outcome.

The Blade Runner, as he was once known for the prosthetic legs he competed on, appeared calm and almost cheerful as he chatted to Barry Roux, his barrister, during breaks in the hearing.

In an affidavit submitted to the court, Pistorius pointed to his good behaviour while previously on bail. He said that he had no income and had lost “all my assets” but added that he was actively seeking employment and studying for a business and law degree by correspondent by the London School of Economics, something he needed access to internet for.

He insisted he did not constitute a flight risk, nor any danger to anyone. "The nature and gravity of any punishment which can be imposed on me, play no part in my actions or decisions, as I believe that I will be successful in an appeal to the Constitutional Court,” he wrote.

“I know that if I attempt to flee, which I will not, that, ultimately, I will be arrested and extradited to the Republic of South Africa. I work in South Africa. I am well known and it would be senseless to even consider to become a fugitive of justice.”

Gerrie Nel, the prosecutor, had agreed to bail for the athlete but had asked for him to be banned from leaving his uncle’s home in case he sought to flee to Mozambique, where his family has business interests, or Italy, where he used to be based for athletics training.

He highlighted the chance of Pistorius’s circumstances as a convict, saying: "Unlike the application for bail where the accused was awaiting trial, we now have a convicted murderer applying for bail. This is completely different, he is facing a minimum sentence of 15 years."

Mr Nel called for the athlete’s previous right to leave his uncle’s house between 7am and 12noon be stripped. "We feel strongly about the fact that he needs monitoring, and should not leave the house at any time," he said.

But Judge Aubrey Ledwaba, the Deputy Judge President for the region, said it would “not be in the interests of justice” for the athlete to be banned from leaving his house at all. The judge also extended his right to leave in the mornings, allowing him to leave in the afternoons with the permission of the police.

He instructed Pistorius to post R10,000 bail before Friday, and asked all parties to return to court for an update on the Constitutional Court process by April 18 next year.

The defence team is expected to appeal to the Constitutional Court on the grounds that the appeal court considered matters of fact rather than law, which are outside its remit.

If the application to appeal is successful, Pistorius could remain on bail until late next year while a space is found to hear his case, and could escape jail altogether if his appeal succeeds.

If the application fails, the court will in April set a date for sentencing, which could also be late in the year.