Nair had to pause briefly asking Pistorius: "Are you ok there?"
The magistrate read out detailed testimony of Pistorius' version of events on the night his model and law graduate girlfriend, Reeva Steenkamp, was killed at his heavily secured home.
"The deceased died in his arms," Nair said.
Pistorius later regained his composure as the magistrate delved into the history of bail law in South Africa – and cited 17th century English common law.
Nair said he would look at the application in the context of a pre-meditated murder.
"I will approach it in that vein," said Nair.