Magistrate Desmond Nair had asked about the kind of life the prosecutor thought the suspect in the Reeva Steenkamp slaying could have if he was granted bail, since he and his prosthetic limbs are known around the world.
Nel said that Pistorius would have what Reeva Steenkamp did not have: "a life of freedom."
The magistrate judge appears to be seriously considering granting bail in the case, likely to avoid any complications in the housing of the suspect, who would require special attention in a prison and jail system ill-equipped to handle a physically disabled prisoner like the man dubbed the "blade runner."
CBS News reported Friday that Pistorius' defense lawyer Barry Roux thinks that "there will be a level of shock in this country if he is not released (on bail)." But that level of shock would be greater if the suspect harms someone else while out on bail.
Justice for the victim shot four times in the fatal shooting that occurred on Valentine's Day in the suspect's home bathroom will appear to have been lost; however, if the suspect does get bail according to the prosecutor's statements on Friday.
That's because Gerrie Nel stated that "there are plenty of important people who are fleeing justice," right now, and he went on to imply that if Oscar Pistorius is set free on bail then Reeva Steenkamp may never have her killer's case heard in court the Mirror reported. And then there would be no justice at all.
Prosecutor Nel has stated that Pistorius' version of events was "improbable" and that "the degree of violence in this case is horrific."
He also points that allegations of threatening and violent behavior by the suspect have been made before. And that's more of an issue for Judge Nair than flight risk, although they are both serious concerns in this case.
Judge Desmond Nair has a difficult decision to make in his need to determine if the suspect in this case should receive bail, and it does not just concern Pistorius; it also concerns witnesses in the case.
On the one hand, if he approves bail for Oscar Pistorius and the suspect in the Steenkamp murder case is then involved in any other violent altercation as a result, then it can negatively impact the judicial system. And it can reflect poorly on his rationale of the risk.
South Africa's justice system could be held liable for any damages occurred, like those brought through lawsuits if someone is fatally harmed as a result of bail. And that includes harm of any kind to any witnesses who live in the Silver Woods Country Estate gated community where Pistorius will return.
As of right now the witnesses who can testify to hearing screaming and arguing will be key in the murder trial. And that means they are also potentially at risk too for someone to want to influence them not to testify--or be able to testify.
And one caveat in bail for such a case is not just that the suspect will not be a flight risk; it is also that the suspect will not be a risk to others in the community. And in his community, he has already proven to be a risk.