Mar 11, 2013, 9:58 AM EDT
Oscar Pistorius’s lawyers filed an appeal Friday against the bail restrictions imposed on the Blade Runner after he was charged with the murder of his girlfriend, Reeva Steenkamp, last month.
“The conditions appealed against are unwarranted and not substantiated by the facts,” read the appeal, which was released to the Associated Press by the Olympian’s family via email Monday.
The current restrictions handed down by the South African Magistrate require that Pistorius relinquish his passports and firearms, stay away from his home and neighbors, refrain from using drugs and alcohol, and restrict him from leaving Pretoria without official permission.
Pistorius shot Steenkamp three times on Valentines Day morning through his bathroom after he claims he heard a noise that he thought was an intruder in his house. Only after he had fired did he considered it might have been Steenkamp. He saw he had shot her, called paramedics, and carried her downstairs to wait for help to arrive. She died in his arms. He bawled in court as his statement was read last month.
The appeal argues that there is “no basis in fact or in law” for the terms, and that evidence at last month’s hearing proved that Pistorius is not a flight risk and should be allowed to leave the country so long as he has official permission from the court. It also suggests that the sprinter should be allowed to consume alcohol, and that he should be able to return to his home once officers complete their investigation.
“He’s not under house arrest, but his movements need to be known to us so that we don’t pitch there and he’s not there,” said chief deputy commissioner James Smalberger. “We agree on free time normally during the course of the day, and in the evening we expect him to be home.”
Pistorius has been staying with his uncle Andrew, where officials will visit him four times a month until the trial beings in Pretoria on June 4.
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