Oscar Pistorius: What Will Psychiatric Evaluation Involve? Part 1

Blade Runner will begin 30-day evaluation next week as an outpatient at Weskoppies hospital
LAST UPDATED AT 10:26 ON Tue 20 May 2014

Oscar Pistorius will spend 30 days as an outpatient at Weskoppies Psychiatric Hospital in Pretoria, Judge Thokozile Masipa has announced.

The Paralympian, currently on trial for murder, will begin a mental health evaluation on Monday 26 May and must attend the hospital every weekday between 9am and 4pm.

The court will resume on 30 June to hear the results of the evaluation. A panel of four professionals, including one appointed by the defence and two by the court, will compile separate reports. These will help the judge decide whether Pistorius was criminally liable for his actions, and whether he "appreciated the wrongfulness of his conduct".

According to one psychologist who trained at Weskoppies, the panel will conduct lengthy interviews to obtain Pistorius's full life history, his family background, and his criminal and psychiatric history.

Other assessments include personality tests, neuropsychological tests, tests for malingering (the technical term for faking a mental illness) and general cognitive tests that evaluate each and every cognitive process from intelligence to memory.
  The psychologist, who blogs under the name Carly Danielle, describes it as an "extremely rigorous process" with experts observing him during "every single minute of every procedure".

The judge's decision to evaluate Pistorius, who is on trial for the murder his girlfriend Reeva Steenkamp, came after a psychiatrist giving evidence for the defence diagnosed the athlete with 'generalised anxiety disorder'.

Last week, South African lawyers suggested that allowing Pistorius to receive treatment as an outpatient could be perceived as "special treatment".

Mannie Witz, a criminal lawyer with the Bridge Group at the Johannesburg Bar, has said that, under South Africa's Criminal Procedure Act, Pistorius must be treated as an inpatient because he did not volunteer for the evaluation.

The waiting time for an inpatient place at psychiatric institutions in South Africa is reported to be several months long, with some people waiting up to two years. Pistorius will have to wait only six days and will be allowed to return home each day.

Oscar Pistorius: will athlete receive 'special treatment'?

19 May

South African courts look set to face allegations of "special treatment" if Oscar Pistorius is not placed in custody tomorrow.

Judge Thokozile Masipa is due to formally refer Pistorius for a 30-day mental health evaluation on Tuesday, after a psychiatrist giving evidence for the defence diagnosed the athlete with 'generalised anxiety disorder' last week.
  The waiting time for an inpatient place at psychiatric institutions in South Africa is reported to be several months long, with some people waiting up to two years. Masipa has indicated that outpatient treatment would be preferable for Pistorius, who is on trial for the murder his girlfriend Reeva Steenkamp.

This would mean he would face a shorter waiting period, remain on bail and, once the evaluation begins, return home each day.

But Mannie Witz, a criminal lawyer with the Bridge Group at the Johannesburg Bar, has said that under South Africa's Criminal Procedure Act Pistorius must be treated as an inpatient because he did not volunteer for the evaluation.
  "He didn't ask to be referred, he opposed it," said Witz, who has been an advocate for more than 35 years and according to CNN once taught Judge Masipa. This means Pistorius would have to go immediately into custody, either in hospital or prison, once he is formally referred tomorrow.

"You can't give him any special treatment. He must be treated the same as every other person that is standing trial," Witz told South Africa's Channel 199, which has been set up especially to broadcast the Pistorius trial.

Describing the country's prisons and hospitals as "clogged", he questioned why Pistorius should go to the front of the queue just because of "who he is and because it is a high-profile trial".

Nokukhanya Jele, another advocate from the Bridge Group, pointed out that the Pistorius trial has been "special and unique for lots of reasons".

There have been fewer delays in the Pistorius trial compared to normal trials in South Africa, where many people experience "time-consuming, exhausting adjournments", she said. Jele added that some trials "take years" because the judge is not available and is not booked off to take care of one particular case.

Oscar Pistorius: what happens next at the murder trial?

16 May
  ELEVEN weeks have passed since the Oscar Pistorius murder trial began, but it is still far from over. The Pretoria court has seen dramatic evidence presented by both sides, from ferocious cross-examinations to harrowing testimonies with the Paralympian frequently tearful and retching throughout. In a surprise move, Pistorius has been told he will undergo a 30-day psychiatric evaluation, causing a "significant delay" to the trial. The prosecution maintains that Pistorius deliberately shot his girlfriend Reeva Steenkamp through his toilet door on 14 February 2013, while the defence insists he mistook her for a dangerous intruder. What happens next?

Psychiatric evaluation:

After defence witness Dr Meryl Vorster told the court that Pistorius had 'generalised anxiety disorder', Judge Thokozile Masipa has said Pistorius must undergo a psychiatric evaluation. Masipa will formally issue her ruling on Tuesday, outlining who will carry out the evaluation, and where and when it will take place. A referral of this kind typically involves 30 days of observation and then another 30 days in which experts compile their reports, meaning that the minimum delay is likely to be two months.

However, the waiting time for an impatient place at psychiatric institutions in South Africa is reported to be several months long. Judge Masipa has indicated that outpatient treatment would be preferable for Pistorius, which would reduce the delay. But one South African advocate, Mannie Witz, has told local media that this choice would be unavailable to the defence as Pistorius did not refer himself for an evaluation.
  In theory, the expert panel of psychiatrists and psychologists could decide Pistorius was "mentally incapacitated" when he shot Steenkamp, which would mean the trial ends and he is committed to a mental institution. But Professor Stephen Tucson, a criminal barrister in Johannesburg, tells the Daily Telegraph, they are more likely to look at whether he has a disorder that diminished his capacity for criminal responsibility. A "diminished capacity" finding would mean Pistorius might be judged less harshly in sentencing. Alternatively, the experts might decide that Pistorius’s mental health is not an issue at all and the court could therefore disregard the evidence of Dr Meryl Vorster.

Final arguments:
  Once the defence has brought its final witnesses and closed its case, both sides will have the opportunity to present their arguments as to why Pistorius should or should not be convicted. According to ABC News, the trial could be postponed for as long as six weeks to give the lawyers time to prepare their final written arguments. These documents will explain in detail each side’s version of events on the night of the shooting and how the evidence presented in court supports their account. The documents will be given to the judge, her assessors and the opposing sides. Both the defence and prosecution will also put their arguments verbally to the court.

Judgement  :

The case will be adjourned, possibly for a few weeks, to give Judge Masipa and her assessors time to consider the final written documents and the evidence they have heard in court. South Africa abolished jury trials under apartheid in 1969, due to fears of racial prejudice by white jurors. A judgement will therefore be passed by Masipa, who could take a day or more in court giving her summary and analysis of the evidence.

Sentencing:

If Pistorius is found guilty then the court must consider an appropriate sentence. Both sides are entitled to present arguments or evidence for a longer or shorter sentence. This is where a finding of "diminished capacity" could come into play. If convicted of premeditated murder, the athlete faces up to 25 years in prison.
Pistorius cannot dodge jail with muder  acquittal alone .
Appeal:

If Pistorius is convicted, he could still appeal to the supreme court, where three to five judges would listen to his case, and even eventually to South Africa’s constitutional court.