"There were two people in the house during the evening of 13-14 February 2013, the applicant and the deceased, who were in a relationship. The deceased arrived between 1700 and 1800 on the 13th of February 2013 and planned to spend the night with the accused. An overnight bag was found in the main bedroom and a cosmetic bag in the bathroom (scene of crime). The deceased was shot three times whilst she was in the toilet behind a closed door.
"The bathroom and the toilet is about six meters (yards) from the main bedroom and upstairs from the main entrance and living area of the applicant's house. A passage links the bathroom and bedroom. The house is situated in a security complex with 24-hour security available.
"The door to the toilet was broken open from the outside, the only reasonable inference being that it was locked and could not be opened. (Pistorius) gained access to the toilet and carried the deceased downstairs where he walked into security guards. The main door of the house was not locked. (Pistorius) told his sister that he thought it was a burglar. We argue that this was part of the pre-planning to use as a defense. Why would a burglar lock himself into a toilet? There may have been an argument earlier between (Pistorius) and the deceased. ...
"There is no possible explanation to support his report that he thought that it was a burglar. Even (in) his own version, he readied himself, walked to the bathroom with the clear intention and plan to kill the 'burglar' and did so whilst the burglar was harmless and contained in a toilet. This in itself also constitutes premeditated murder of a 'defenseless burglar.'
"It is our respectful argument that 'pre-planning' or premeditation do not require months of planning, if ... I ready myself and walk a distance with the intention to kill someone, it is premeditated."