Oscar Pistorius

[Bold Seagull]

Yes, and he tried very hard to get Wolmarans to say that there had to be a significant time gap between the bullets to the hip and arm and the bullet to the head, but Wolmarans was not having that. We cannot have common sense in this case, clearly.

Interesting that Wolmarans' report is dated 25th April 2014, 7 days AFTER Roger Dixon finished testifying, who Mr Wolmarans had taken for a beer the day he finished testifying. But they did not discuss the case, apparently!

The other really interesting point was that Wolmaran's never saves or creates a .pdf of a particular issue of his report. Instead of saving the report as was issued on a particularly date, say by doing a 'save-as' of the file and dating it while continuing to work on the live copy, he just carries on editing the original file, therefore no one knows what version of the report they've been given, and he's got no record or which version has been issued and when.

Nel seemed to relish this part of it, as it meant no one could identify what was influencing the report and when. Going out for a beer with Dixon, who I have no doubt needed cheering up after his cross examination, I think Wolmarans is going to need the favour returned!

 

[KZNSeagull]

The other really interesting point was that Wolmaran's never saves or creates a .pdf of a particular issue of his report. Instead of saving the report as was issued on a particularly date, say by doing a 'save-as' of the file and dating it while continuing to work on the live copy, he just carries on editing the original file, therefore no one knows what version of the report they've been given, and he's got no record or which version has been issued and when.

Nel seemed to relish this part of it, as it meant no one could identify what was influencing the report and when. Going out for a beer with Dixon, who I have no doubt needed cheering up after his cross examination, I think Wolmarans is going to need the favour returned!

I know. This whole defence is getting more bizarre daily. They have just showed the bit when the judge went to look at the door with the laser and they stood around showing which bullet hole lined up with ricochet point E. They were all in agreement that it was bullet hole B, including Roux who specifically said that to the judge. But Wolmarans has spent ages trying to convince the court that it could have been any of the bullets EXCEPT B!!

 

[KZNSeagull]

Defence called a psychiatrist this morning who has diagnosed Oscar with a general anxiety disorder and that the court should take this into account when determining his actions on the night in question. Court has adjourned whilst the prosecution determine how to proceed - under the SA criminal procedure act, if Oscar is suffering from a mental illness, he has to be committed for observation. The discussion surrounds whether a general anxiety disorder is a serious enough mental illness for this to happen.

 

[Normal Rob]

Defence called a psychiatrist this morning who has diagnosed Oscar with a general anxiety disorder and that the court should take this into account when determining his actions on the night in question. Court has adjourned whilst the prosecution determine how to proceed - under the SA criminal procedure act, if Oscar is suffering from a mental illness, he has to be committed for observation. The discussion surrounds whether a general anxiety disorder is a serious enough mental illness for this to happen.

If i was Oscar I'd start balancing a slug on my top lip and saying 'wibble'

 

[KZNSeagull]

If i was Oscar I'd start balancing a slug on my top lip and saying 'wibble'

Well he could try. The defence really do NOT want this referral to happen and neither really does Nel, but Nel believes he has to in the eyes of the law. The good news for Nel is that a group of psychiatrists will find it hard to find anything much wrong with Oscar. The bad news is that this will delay the case significantly. They will discuss it again later, they just need to finish with this witness first. What Nel did get from her was that an automatic response defence in this case is not appropriate (they used some legal term here, bolus or dolus something or other - I inferred from it that this is means level of premeditation or certainly of awareness of what he was doing at that time, but I will bow to any superior knowledge on the subject!)

This psychiatrist was only asked to interview Oscar last week, by the way. So Nel made the point of asking if she was aware that he and 2 defence witnesses had already testified and it could be inferred that those testimonies did not go well, so his level of anxiety would have increased!

 

[Insel affe]

Defence called a psychiatrist this morning who has diagnosed Oscar with a general anxiety disorder and that the court should take this into account when determining his actions on the night in question. Court has adjourned whilst the prosecution determine how to proceed - under the SA criminal procedure act, if Oscar is suffering from a mental illness, he has to be committed for observation. The discussion surrounds whether a general anxiety disorder is a serious enough mental illness for this to happen.

This sounds to me like the defense know this is not going well and it is there only way out for him now....

Also sounds like "general anxiety disorder " is what everyone has in demanding situations !!

 

[severnside gull]

Well he could try. The defence really do NOT want this referral to happen and neither really does Nel, but Nel believes he has to in the eyes of the law. The good news for Nel is that a group of psychiatrists will find it hard to find anything much wrong with Oscar. The bad news is that this will delay the case significantly. They will discuss it again later, they just need to finish with this witness first. What Nel did get from her was that an automatic response defence in this case is not appropriate (they used some legal term here, bolus or dolus something or other - I inferred from it that this is means level of premeditation or certainly of awareness of what he was doing at that time, but I will bow to any superior knowledge on the subject!)

This psychiatrist was only asked to interview Oscar last week, by the way. So Nel made the point of asking if she was aware that he and 2 defence witnesses had already testified and it could be inferred that those testimonies did not go well, so his level of anxiety would have increased!

What Nel has done is to totally invalidate the defence phsych's evidence. By going for the "he is disabled and it justifies his aggression" defence Roux has shot himself in the foot (not the hip or the head...that was Oscar)

 

[Triggaaar]

Defence called a psychiatrist this morning who has diagnosed Oscar with a general anxiety disorder and that the court should take this into account when determining his actions on the night in question.

What a load of shit. How many times has he dropped out from huge international tournaments due to this anxiety disorder that makes him so different to the rest of us? And of course he's going to be anxious right now. He killed his girlfriend and maybe about to go to prison for it. Complete joke.

The bad news is that this will delay the case significantly.

Nel needs to get him convicted, not worry about whether the case is delayed due to defence tactics.

I inferred from it that this is means level of premeditation or certainly of awareness of what he was doing at that time

You'd think it was important he was aware of what he was doing, but there wouldn't need to be premeditation for it to be murder.

 

[KZNSeagull]

OK, the legal term the psychiatrist agreed with was "dolus eventualis" which is the awareness of the likely outcome of an action, although I see under SA law this is an extemely complicated bit of law.

She agreed with Nel that by arming himself and approaching the danger, he must have foreseen the possibility that he would have to shoot. She also said that Oscar had told her that he "wanted to shoot an intruder".

They have adjourned for the day as Nel says "he is in a predicament". He believes that he HAS to bring this application for referral for psychiatric assessment in the eyes of the law, but if the court does NOT allow the application, he would have more questions to ask the psychiatrist. But he cannot bring the application now as the defence have not had a chance to re-examine, and therefore challenge, the psychiatrists answers given under cross-examination.

What a mess this defence is. All they wanted to do is bring to the courts attention a potential bit of mitigation for his actions. But what they have ended up with is another witness helping the states case and they may have landed Oscar with 30 days of psychiatric assessments at the hands of the state!

 

[KZNSeagull]

What Nel has done is to totally invalidate the defence phsych's evidence. By going for the "he is disabled and it justifies his aggression" defence Roux has shot himself in the foot (not the hip or the head...that was Oscar)

Well it should be invalid anyway as she only assessed him in the past fortnight. I really have no idea what is going to happen next - it is bizarre!

 

[severnside gull]

In fairness Roux is doing what he can with not a lot going for him. How he must wish for a jury system where the defendent's celebrity would be their best chance of walking free.
Not sure how much OP's thuggish macho-man behaviour reflects the society he lives in but from here he comes across as a thoroughly unlikeable and self-centred brat.

 

[symyjym]

The best test for OP's anxiety disorder is to wait outside court with a load of balloons and pop them fast in succession to see how he reacts.

 

[Insel affe]

The best test for OP's anxiety disorder is to wait outside court with a load of balloons and pop them fast in succession to see how he reacts.

Natural reaction would be to run however the interesting bit would be, would he put his prosthetic legs on or reach for his gun first.....

 

[warmleyseagull]

Is he one of those at 66/1?

 

[symyjym]

Natural reaction would be to run however the interesting bit would be, would he put his prosthetic legs on or reach for his gun first.....

Run away from it or run to it?

 

[KZNSeagull]

Judge has ordered that Oscar be referred for 30 days of psychiatric assessment. The order will be made on Tuesday when the details of where this will take place and who will be involved. The judge would rather have Oscar assessed as an out-patient.

So there we are. The defence have cocked up again big time and this trial will drag on and on. Court adjourned until Tuesday for the attorneys to prepare the order for referral.

 

[fat old seagull]

Judge has ordered that Oscar be referred for 30 days of psychiatric assessment. The order will be made on Tuesday when the details of where this will take place and who will be involved. The judge would rather have Oscar assessed as an out-patient.

So there we are. The defence have cocked up again big time and this trial will drag on and on. Court adjourned until Tuesday for the attorneys to prepare the order for referral.

It's really becoming more than a joke now as Oscar plays the "Looney Role" trying now, having exhausted his "I'm sane I thought it was a burglar scenario". I'm not totally sure the defence will in reality consider this a cock up as but more a financial bonanza. Bearing in mind they must surely know where this is all leading...... I hope !

 

[severnside gull]

Couple of observations:

Would love to be a fly on the wall as Roux tries to e plain how he got his client in this position. He surely should have forseen it and (unless Pistorius refused) should have had a full psych evaluation done before the trial began. I bet Vorster wont be getting many morr gigs after this one. Her references to GAD began in evidence in chief not under cross examination. FIASCO!!!

Respect to the SA justice system for taking every step not to punish someone who has not (yet) been found guilty. Sadly no longer the case here.

 

[KZNSeagull]

It's really becoming more than a joke now as Oscar plays the "Looney Role" trying now, having exhausted his "I'm sane I thought it was a burglar scenario". I'm not totally sure the defence will in reality consider this a cock up as but more a financial bonanza. Bearing in mind they must surely know where this is all leading...... I hope !

Oscar is not playing the looney role now. The defence did NOT want this to happen and the state certainly did not want this to happen, as they had them on the ropes. The State brought this application as they had to as officer's of the court. The court must be seen to give a fair trial and must not give grounds for appeal.

The defence called this psychologist to try to bolster his case by trying to explain some of his paranoia's, for want of a better word. They definitely did not want this to happen as this assessment may and should find that he is 100% criminally liable. Some of his actions do not support a general anxiety disorder as Nel has already pointed out (he slept with his balcony door open, he did not have burglar bars on his windows and there was a broken window downstairs that went unfixed for weeks).

But again the defence have royally cocked up - this psychiatrist said that Oscar told her that "he WANTED to shoot an intruder" and that there was no way that he was acting automatically. Damning stuff and this from a defence witness!

Couple of observations:

Would love to be a fly on the wall as Roux tries to e plain how he got his client in this position. He surely should have forseen it and (unless Pistorius refused) should have had a full psych evaluation done before the trial began. I bet Vorster wont be getting many morr gigs after this one. Her references to GAD began in evidence in chief not under cross examination. FIASCO!!!

Respect to the SA justice system for taking every step not to punish someone who has not (yet) been found guilty. Sadly no longer the case here.

Vorster will continue to get lots of gigs for the state - she and Nel have worked together many times before and will continue to do so, of that I am sure.

The defence in this case has been an entire shambles - I cannot think of one defence witness that has helped their case. As Nel himself asked, why was this witness asked to assess Oscar after his testimony and was it because he was perhaps not the best witness! He has already told the court that he will ask the court to discount his testimony altogether as it was so contradictory! Oscar is reportedly paying R150,000 a day for this fiasco!

Yup, I can see why the Judge has done this as she is on trial here too - she cannot be seen to make a ruling that could be appealed.

 

[severnside gull]

No question Masipa and Nel are the only ones coming out of this with credit.

In the States Roux would have been sacked by now