Oscar Pistorius Trial Part 7

[Roussette]

here is Part 6. Nearly time for a new one.

I have just watched the BBC summary of this and the implication seems to be that he may have to wait in line to be assessed.

Does anyone know if that's correct? I'd have thought the subject of an ongoing trial would take precedence over anything but emergency referrals

Fair point Roadkill, the request for a referral did come out of the blue and take everyone by surprise and I suppose the Press would have been trying to get a quote from the family.

The threads do seem to enter another dimension during adjournments

I shall look forward to Tuesday to see what the definitive time frame is

The threads do seem to enter another dimension during adjournments

Obviously I'm mostly pleased that the adjournment is happening because of due process and the importance of justice. But a part of me is pleased that it gives me a bit more time to get my transcriptions done before we have closing arguments.

Looking we'll get you a job with Nel yet

If anyone has remembered my declaration yesterday that I wouldn't be able to listen to the ruling live and I really had to give my poor pony some exersise then obviously it is clear that I fact made excuses and dashed right home after the school run so I could in fact listen to the ruling live
I think the adjournment is probably a blessing to us all and the things we should be doing lol!
I have told myself that as it's the first really nice day this week I am giving the pony the gift if a fun day in the field with the sun on his back.
Time to get back to real life (although my house has never been so clean and tidy as have been doing lots of house work and spring cleaning while listening to the trial!)

I think that the court had no option but to do this
I think he will be assessed as an outpatient
I think he will be assessed as currently meeting the criteria for GAD as I'm sure he now knows them backward

Just one final speculative point on what Uncle Arnold said, if they are happy with the referral in the interests of thoroughness, fairness, etc., why did Roux so strenuously deny the referral on OP's behalf? and here I delve into the realms of wild supposition - are the family/OP unhappy with the Defence handling of the case?

There has just been a legal expert on 517 who very carefully posited his view that the Defence should have gone with a "diminshed responsibility" defence from the start.

Roadkill saddle up and ride your pony in the glorious sunshine

All the people saying "I d

Stupid Phone.

All the people who don't know why the defence used a psychiatrist need to read this:
en.m.wikipedia.org/wiki/S_v_De_Oliveira

In this case, the defence of Putative self-defense was rejected as the defence in that case provided no insight into the accused's state if mind.

So from this, it is obvious why the defence have 1)Ensured OP testifies.

2)Sought psychiatric evaluation to assess what OP's state of mind at the time of the shooting was.

This would seem to be far more likely then claims that the defence are just randomly selecting people, or that OP is ditacting to his defence team.

Emotions, I imagine the defence fought it because, IMO legal cases are a bit like tennis and this has majorly broken their serve.

The observation is 30 days not less or more

Boom that's it my head has gone, bye bye!

Oh crap. A 30 day delay? We will all have to get a life.

The assessment can start from 72 hours to 30 days.

We will all find out how long on Tuesday

And relax, thanks Anya , I luff you also

Do I get my own special badge?

I miss the thread for a day and there's fantasies and I luv Nel/Roux/M'lady badges! My timing sucks

I'm glad they went for the referral. I really don't see how they could have done anything else. Nel's point about the defence changing throughout the trial was a very valid point and if there is any chance of a diminished responsibility argument then it's better to establish that now rather than give grounds for appeal.

I'm guessing that Roux was against the referral because if OP is given a diagnosis that impacts on the case and if it is then decided that OP is given a custodial sentence, the referral opens up the possibility that the sentence could be in a secure hospital which arguably would be even worse than the dreaded SA prisons.

A diagnosis of GAD will not land him in a mental hosp if found guilty
It is a disorder that in the very vast majority of cases does not require hospitalisation.
He is not insane and has capacity and a high level of functioning

This is to examine the diagnosis brought before the court and the implications that it might have. It is to allow proper time for a more comprehensive analysis and diagnosis of OP and for the court to be provided with a more full assessment.
I thought that there was good evidence presented to rebut his having a GAD prior to the killing in terms of the lax security that he kept. That is not to say that he didn't have anxiety but a felt that a disorder might have been reaching a little.

Lots happened since this morning. Barry Roux is extremely experienced and i am finding it hard to believe he would misjudge something like this

I feel that this was a double bluff.

A pp mentioned Gerrie Nel and poker. I think for both sides it is a game.

and still the case trundles on for at least another 3 days.

I do think he will be assessed for more then 3 days but not 30

Don't think the judge was pleased that op was only seen twice so I'm guessing it will be a week or so,

Arff I have inspired fear lmao!
It will be more then 3 days, it may go as far as 30 if it is out patient, my guess is somewhere in the middle, we will find out next week.

I am not sure it is important at this stage to try and read too much into what Roux or Nel where hoping for it thought was likely. Can only be a good thing to have proposer assessment and close down appeal loop holes so that when a verdict is reached it is a sound safe verdict, what ever it may be.
I did wonder if Roux had expected a referral but was hoping to get his next witness in before just incase the assessment process and result made it difficult for him to introduce more evidence of mental state. Just a passing thought.

I agree with Roadkill. I don't think it's worth trying to work out who had what thought when and how much and wherefore that and so on.

What's important is that we get a firm, certain diagnosis of what, if anything, might be wrong, and we find out whether this is likely to have affected a) his actions on the night in question and b) his ability to testify under oath.

It will also be a way of removing all speculation (well, my speculation anyhow). The panel will report back, and they're experts and neutral, and I'll agree with everything they say. It'll be nice to hear the verdict without having my but what if... thoughts in relation to his mental health.

According to Barry Bateman, if an outpatient, OP would have to attend the facility at 5am and would be allowed to go home at 9pm.