Late back again... no doubt Nel will claim he thought it was a "double tea break" and so would last the full hour!

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

10:27 am
Nel finishes his examination of Vorster.

Roux asks for 10 minutes and the court is adjourned again.

10:27 am
Nel says the condition is contained in the "DSM5"

DSM stands for Diagnostic and Statistical Manual.

He says it is part of Section 78 of the Criminal Procedure Act.

Vorster says it would qualify as a mental disorder.

10:25 am
Vorster says his vulnerability would have played a role.

His condition remains constant but wasn't tested in other versions.

10:23 am
Court has resumed following the break.

Vorster confirms that GAD could have played a role in Pistorius's actions when he shot Reeva.

At the least, Nel says, it could be a factor and may have played a role.

Vorster agrees.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

OMFG

Nel finished and ROUX wants a 10 minute break

They have only been back from an extended Tea Break for 5 minutes

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

10:53 am
Under cross examination Vorster said that Pistorius fired at a noise.

Roux goes back to his evidence saying that it was when he thought he heard someone coming out of the toilet.

Vorster says it doesn't make a difference from a psychiatric perspective.

Roux has now finished with Dr Vorster.

10:52 am
Vorster: many people are referred for observation, but it doesn't mean they will be found to be unable to stand trial...

10:51 am
Vorster says you want to keep your environment under control to prevent something that would provoke anxiety.

10:50 am
Vorster says after his mother died he turned to his siblings and aunt for emotional support.

10:49 am
Pistorius had ordered glass for the broken window and he was waiting for it to be replaced.

He also said that he asked contractors to put the ladders away.

Vorster says this ties in with the condition.

10:48 am
The location of the cricket bat by the door was an additional safety mechanism because the bedroom door lock was not working properly.

10:46 am
Roux moves on to Pistorius being assaulted from behind and that he didn't use his firearm at the time.

Vorster says that displays that he could maintain a sense of responsibility and not use his firearm irresponsibly.

10:45 am
An anxious person who is concerned that a person is in the house would become very fearful.

Pistorius actually heard the window open and the door slam, according to his version of events.

Vorster says she looked for paranoia but could not find it.

She concludes that he did not need to be referred for treatment.

10:44 am
Vorster says that people with GAD will wake at night and hear noises that may be distant or something different.

It's not necessarily a delusion.

If there was that paranoid belief, however, then they could be considered to have lost touch with reality.

10:42 am
Vorster says she has seen hundreds, if not thousands, of accused people for diagnosis as a psychiatrist.

That does not render him unfit to stand trial.

10:41 am
Roux says that Vorster said she didn't consider GAD to be a mental illness in terms of the Criminal Procedure Act.

Vorster agrees.

She says that if you look further at the Mental Health Act, it would not be a diagnosis that would render the patient being in need of involuntary care or treatment.

She says while it's a psychiatric diagnosis, so are many other psychiatric diagnoses.

10:40 am
Court resumes and Roux is on his feet.

He turns to DSM 5.

She says it is a manual of mental disorders - a classification system.

Vorster says there is a cautionary note against using it for forensic settings.

It says that there is a risk it could be misunderstood.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

OMG... Nel is NOT going to let it go... he has this dopey application for psychiatric evaluation

Dr Vorster just said she is the sort of person who does these evaluations... and OP would NOT be regarded as of diminished responsibility etc

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

10:53 am
Nel is now bringing an application to refer Pistorius to mental observation.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

11:05 am
Referring to case law, Nel refers to other situations where the court indicated that if there is reasonable possibility of mental disability the court has referred the case.

He says that the Court of Appeal would not intervene.

11:01 am
Nel says he has been able to control himself in the past, yet on that particular day GAD may have played a role.

11:00 am
Nel says it's inescapable fact that the defence called Vorster at the late stage and had not indicated a psychological disorder that may have affected Pistorius.

He points out that everyone in South Africa is anxious about crime.

He says three friends and a former girlfriend have given evidence and haven't indicated any psychological problems.

10:59 am
He says that although the current defence team indicates that the GAD is not part of his defence, the matter doesn't stop here.

Nel says in the past people have replaced their defence team when things don't go their way.

He is going to refer to case where people were represented by counsel and they pleaded guilty. But the court referred all those matters.

10:57 am
He says that GAD was directly relevant to the accused, as Vorster testified.

He now reads from the relevant section of the Act about how mental health might affect a case.

Nel says he is aware of the practical implications and that it would lead to an extensive delay in the matter.

10:56 am
If Nel is successful, Pistorius would be placed under mental observation for 30 days.

He apologises for spelling mistakes in the report.

He says that Dr Vorster's diagnosed GAD and that his diagnosis is directly relevant to Pistorius's version.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

11:23 am
Nel says there is evidence that GAD played a role, and it's in the interests of justice that psychiatric tests are taken.

If it is a finding then Pistorius should be referred, he said.

11:21 am
The case law and argument by Nel continues.

Case law shows the Appeal Court has made an intervention in the past if there is a "reasonable possibility" that it should have done.

11:17 am
Nel says that the fact he is a danger and should not have a firearm relates to his mental state.

11:15 am
Nel says with Pistorius's version there's an indication that a psychiatric disorder may have been involved so it is for the court to gain the views of experts with a global view of the case and not just one version.

On mental illness he said: "morbid disorder that cannot be diagnosed by a lay court."

He says that Roux was "at pains" to indicate that it wasn't the doctor's view that Pistorius is suffering from a mental illness.

Nel says that as it stands there was no basis set for it to be used as a defence.

11:12 am
Nel says Roux agreed there might be argument of diminished capacity at sentencing, but it's part of the same case

11:10 am
Nel says Vorster's evidence should be discounted, exposing the defence's change in tack.

He says the consultation only took place AFTER Pistorius testified.

Nel says his defence was putative self-defence, then automatism, and then a mental disorder.

He says that there would be "red lights" for the court if nothing was done about psychological diagnosis.

Nel says that he will argue "That the accused was not the most impressive witness."

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

11:46 am
Roux is reminded by Judge Masipa that he was going to talk about the onus.

He says it's not true that the defence has the onus and that every person is presumed not to have a medical illness unless it is proved.

Roux says that is a "cold fact" that they must take into account.

11:43 am
Roux says there will be another witness who will talk about "flight or fight" and the vulnerability of disability.

He says the application is premature and they are welcome to repeat it after that witness.

He says "There is no merit". If the court finds that there is merit, it is premature.

11:41 am
Referring to Nel saying the defence had three different defences, Roux says the defence case was not automatism.

11:39 am
Roux asks where the state's evidence is to make the application, but Nel said to Judge, the onus is on the defence

11:35 am
Roux very animated and worked up - seems at pains to make his point and somewhat frustrated. Suggests State is misreading the law.

11:34 am
Roux says the state argues that the court wants a second opinion through a strange procedure.

Vorster made it clear she isn't making the allegation that GAD had affected Pistorius's understanding.

She said he is not paranoid or delusional.

Roux says

A) The state is wrong by saying it is an indication.

B) The state is wrong because referral was obviously needed.

C) It's a ruse to get a second opinion, whether good or bad

11:29 am
A mere making of the allegation that Pistorius has a psychological problem does not mean he must be referred, Roux says.

He is also quoting from case law.

He says it must be on proper grounds.

11:27 am
Roux now stands up to oppose.

He says the reading of the law reports is "rather unfortunate".

11:26 am
Nel says the onus is on the defence to show a psychiatric disorder when asked by Judge Masipa.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

11:58 am
Nel says that the prosecution will not argue whether Pistorius is mentally ill but the defence team has given evidence that he might be.

Judge Masipa says that she will return with her decision tomorrow morning.

Court is adjourned until tomorrow morning at 8.30am GMT.

11:55 am
Nel says that Vorster linked GAD with his amputation, which is a psychological impact.

That would be treated with the word "other" issues. This would fit into that category.

11:53 am
Nel: Vorster had confirmed she'd made a psychiatric diagnosis #oscartrial A mental illness can only be made y a psychiatrist.

11:50 am
Nel says he would be emotional if a witness he called left the door open for the referral of his client.

He says that there's definition for mental illness. He says the fact that it's listed in the DSM and that it's a psychiatric disorder must been considered.

11:48 am
Nel is back on his feet and agrees with Roux that "we should not get emotional". Roux smiles broadly.

He says that Roux used case law in which Nel himself was counsel - and lost with a similar application.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

The State vs Oscar Pretorius (Murder 1)



Trial Day 32

Start 9:30 AM Wednesday (5-14-14)

9:00AM J/Burg ----> 3:00AM ET ----> 2:00AM CT ---->1:00AM MT ---->12:00AM PT
(Times amended to include US clocks moved one hour forward)





Links for Live Streaming

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Live Blog

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_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

Daily Mirror - Live Blog

http://www.mirror.co.uk/news/world-news ... es-3537520


8:26 am
If the prosecution's application is successful, the trial will be adjourned until after Pistorius' stay at a psychiatric hospital.

If however the judge decides he should not have an assessment, proceedings will resume and Roux will call his next witness.

That is expected to be Pistorius' orthopaedic surgeon.

8:23 am
Pistorius's chief lawyer Barry Roux says Pistorius should not be sent for 30 days of psychiatric evaluation, and that he wants to call another witness to continue evidence.

He said at the start of the athlete's defence that the double amputee's vulnerability and disability was at the centre of his case of a mistaken killing.

But psychiatrist Ms Vorster only met Pistorius this month, prompting the prosecution to question whether the timing of her late entry to the stable of witnesses signified a change in tactics by the defence.

7:46 am
Making his request for Pistorius to undergo an evaluation, Mr Nel questioned why the defence had asked psychiatrist Merryll Vorster to testify on the Olympic runner's behalf.

He suggested that the trial is not going well for Pistorius and his lawyers are floating the idea that a disorder contributed to Reeva's shooting and that therefore Pistorius bears less responsibility for her death.

In asking for another professional evaluation of Pistorius's mental state, Mr Nel appeared to be trying to ward off any attempt by the defence to say Pistorius should be treated favourably by the court because of a mental condition linked to his disability.

6:50 am
Oscar Pistorius will find out this morning whether he has to spend 30 days under psychiatric evaluation as part of his murder trial.

The chief prosecutor in the case has asked that the runner be put under observation, after an expert witness testified that he had an anxiety disorder.

Gerrie Nel made the request after noting the psychiatrist for the defence said the disorder could have played a role in the fatal shooting of Reeva Steenkamp.

Mr Nel acknowledged that an evaluation of the Blade Runner's state of mind will further delay the trial, which has already over-run by a number of weeks.

Judge Thokozile Masipa will rule on the application at 8.30am BST this morning.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

We await Judge Masipa's ruling.....

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

8:41 am
Reeva's mum June Steenkamp is also here, wearing a badge with her daughter's picture on it.

Pistorius' barrister Barry Roux has just entered the court room, and is speaking quietly to the athlete.

8:33 am
Oscar Pistorius has arrived at court to hear if he will be sent to a psychiatric unit for the next 30 days.

Lawyers in the case have been called into chambers with Judge Thokozile Masipa.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

8:48 am
We're still waiting for the judge to arrive and announce her decision, but Pistorius' lawyer and family members look solemn and concerned.

The athlete's uncle, Arnold, let out a long sigh after speaking with Barry Roux, who is now chatting with Oscar again.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

This "problem" is totally of Nel's making... his "version" of what a witness testifies to... if the Judge grants this she will be pandering to Nel... and that is a concern for her decision later on the verdict. Nel is like a spoiled child... and the Judge might be reinforcing his silly little outburst over Dr Vorster's testimony.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

9:01 am
Judge Thokozile Masipa is now delivering her ruling.

She says "strangely", the prosecution's application is opposed by the accused.

8:59 am
Almost half an hour late, but we're about the get under way.

The judge has just entered the court room.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light