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Oscar Pistorius Trial Part 8

986 replies

Roussette · 15/05/2014 09:14

here is Number 7.

OP posts:
Nerf · 07/07/2014 08:46

Well let's just disagree then and move on. I'm happy to trust the psychiatric team and the legal team on the decisions, and just look at the evidence/outcomes of them.
I'm really interested in whether the film will affect the court process.

Roussette · 07/07/2014 08:51

I quite being Roulette Ronald ! Grin

Totally agree with your post. Nerf I am projecting my experience onto this, I agree, but bearing in mind flashbacks are a common occurrence with those suffering from PTSD, I fail to understand how OP could easily re-enact the awful events of that night with ease. And in fact would choose to do so, I would have thought it would be something he would actively avoid.

OP posts:
Nerf · 07/07/2014 08:53

Shall we just leave it there? No point arguing based on out own experiences, and no one has yet answered me about why they think the impact of the leaked video is. Do you think Roux will ask for an adjournment today?

Roussette · 07/07/2014 08:56

Happy to leave it there, Nerf. I posted before I saw your previous post saying that. Smile

As for the impact, I just hope it doesn't affect the trial and everything stays on course as it should.

Now off to find a live feed...

OP posts:
LookingThroughTheFog · 07/07/2014 09:00

Telegraph have it, Rousette.

Nerf · 07/07/2014 09:06

I'm at work now - make sure your updates are comprehensive and informative....Grin

Roussette · 07/07/2014 09:08

Thanks Looking, I'm listening but should be doing some work dammit

OP posts:
LookingThroughTheFog · 07/07/2014 09:14

They are arguing about test interpretation from the psychology report.

Derman disagrees slightly with the interpretation of the anxiety test.

I find it interesting that he consulted with one of the psychologists (Dr Fines) both before and after the observation period. He also discussed with him/her the interpretation of the test results.

What it boils down to is that '70' is considered normal, and OP scored '71'. Derman argues that it's either borderline or high, and Nel argues that he can't say that without knowing what the test actually is.

There's a brief discussion about whether Nel intends to call the psychiatrist who's sitting next to him.

He does not disclose yet whether he's going to call her.

Derman get's snippy (rightly) when Nel refers to him as 'Doctor' rather than 'Professor'. Masipa intervenes and says it was clearly a mistake, though Nel apologises and corrects.

member · 07/07/2014 09:19

Just to correct Looking - OP scored 70 in one of the psychological tests; normal range 50-70, Prof Derman said on Thurs if OP had scored 71 it would have constituted a finding. Nel asking if Derman qualified to interpret what 71 would mean.

LookingThroughTheFog · 07/07/2014 09:28

Thanks, Member!

member · 07/07/2014 09:28

Nel quoting from a document saying only psychologists qualified to interpret psychometric tests. Then says even psychiatrists not qualified to interpret. Nel further says according to report that panel had other collateral information in addition to test results to make interpretations which Derman has not. Derman agrees.

member · 07/07/2014 09:29

Nel coming back to running...

member · 07/07/2014 09:32

Aimee praying like mad as Derman says OP cannot run on stumps. Defines running as both stumps off ground. Cannot comment on whether OP can move backwards on stumps as didn't ask.

member · 07/07/2014 09:35

Says backwards movement not impossible. Unclear as to whether OP can run without holding onto a wall - doesn't know/can't remember.

member · 07/07/2014 09:41

Derman not sure if OP had hand out-stretched like holding a gun. Nel asking what Derman demonstrated in court on Thurs when held arm out as though carrying a gun. Derman says that was a demonstration of how OP showed how he moved down corridor. Nel referring to record from Thursday.

member · 07/07/2014 09:45

Gah!, got a child on a TD day and missed a chunk!

member · 07/07/2014 10:25

Nel now basically showing the irrelevance to OP's case many of the studies included as Derman's supporting documents are; studies using mentally ill for e.g. Nel suggests Derman used them to create an atmosphere.

OP not vulnerable compared to homeless/people without alarm systems Nel suggests. Nel says OP in secure complex/has a support system of which Prof a part. Derman doesn't seem to be disagreeing much except by asking by how much these factors mitigate his vulnerability.

Nel wants to move to something else after tea.

Sorry, not able to follow all, doing my best with bits I'm hearing. Meanwhile,a/c to Twitter National Prosecuting Association say prosecution not watched video (not sure that they haven't seen some trailers though because questions re OP's ability to move backwards on stumps/without holding onto side structure seem convenient)

If true, doubtful leaked footage will be admitted as evidence. I doubted whether Nel would anyway as risk of calling mistrial too great.

LookingThroughTheFog · 07/07/2014 10:29

What seems to be happening now is that Nel is attacking Derman's credibility as an expert witness (I believe he stands as an expert and not a lay-witness).

Derman cited a report into the vulnerability of disabled persons, and said they were a percentage more likely to be attacked than able bodied persons.

Nel points out that in the report, it states that the study crossed across all forms of disability, so both mentally ill and physically disabled. The majority of those attacked were mentally ill and were attacked by a carer or family member. He asks why Derman did not clarify those findings when he chose to bring the report to the court.

He also asks him to clarify how much less vulnerable Oscar was when he was holding a gun, which of course Derman cannot do (I'm not even sure it's quantifiable).

He did get Derman to say categorically that OP had the option to walk out of the bedroom door. Derman insists he cannot flee in the way other people might, but Nel puts it 'he could walk out the door in the way that he walked into the bathroom to brush his teeth, for example' which Derman says he can. Again, it's a point that Derman qualifies 'I don't want to put it that he can flee...'

To my mind, Derman would be doing better if he could just state simple yes or no comments, and would stop trying to drive certain points in certain directions. It makes him look biased. Even if he's not actually biased, his pushy and slightly belligerent attitude towards Nel makes him look so.

Sorry - I was compiling an application form when that was going on, so Member may be able to tidy up some of those points.

LookingThroughTheFog · 07/07/2014 10:34

This is bad - the long shot of the courtroom showed as Masipa was walking in seemed to show Derman in the witness box.

AnyaKnowIt · 07/07/2014 10:34

How can it cause a mistrial? There isn't a jury to sway

member · 07/07/2014 11:04

Because the video was illegally obtained?

AnyaKnowIt · 07/07/2014 11:13

Wouldn't it just get struck from the recordk

Roussette · 07/07/2014 11:28

Thanks for the precis Looking & Member - I have it on in background but on work calls and can't listen properly

OP posts:
Kelly1814 · 07/07/2014 11:41

thanks for al the updates everyone. marking place.

Roussette · 07/07/2014 11:43

Roux sounding a tad desperate to me...

OP posts: