Oscar Pistorius: why is the trial facing a 'significant' delay?
14 May :
OSCAR PISTORIUS is to be sent for a 30-day psychiatric evaluation in a state-run mental health institution, potentially causing a "significant delay" to his murder trial.
Judge Thokozile Masipa today granted a request from the prosecution that the athlete should undergo a proper psychiatric enquiry. It comes after defence witness Dr Merryll Vorster diagnosed Pistorius with 'generalised anxiety disorder'.
Vorster did not think he suffered with a mental illness, but conceded that Pistorius's ability to act in accordance with his understanding of right and wrong was affected by the disorder.
She said that his increased fear of crime, physical vulnerability and anxiety disorder may have affected his "flight or fight" response on the night that he shot his girlfriend Reeva Steenkamp.
Judge Masipa told the court this morning that evidence from Vorster, who only met with Pistorius twice, cannot replace a proper psychiatric enquiry. "A proper enquiry would ensure the accused receives a fair trial," she said.
The evaluation will need to determine whether or not Pistorius suffers from a "mental illness or mental defect" that makes him incapable of appreciating the "wrongfulness" of his act or of "acting in accordance with an appreciation of the wrongfulness of his act".
Not only will the observation take around 30 days, the waiting lists for inpatient treatment in Pretoria are reported to be several months long, which would cause a "significant delay" to the murder trial, says The Guardian.
Masipa has agreed with the defence that outpatient treatment would be preferable for Pistorius, as the aim of the referral is "not to punish the accused". This could reduce the delay, but experts are also expected to spend a further 30 days compiling their reports, meaning that the minimum delay is likely to be two months.
The Guardian notes that some believe Pistorius's defence has slipped up in calling Vorster as a witness and introducing the diagnosis of generalised anxiety disorder at such a late stage in the trial. Prosecutor Gerrie Nel yesterday accused the defence of changing its plea from putative self-defence to a psychiatric disorder.
The court will adjourn until Tuesday, when the full ruling on the referral will be given.
Oscar Pistorius 'lonely' and 'probably shouldn't own a gun'
13 May:
OSCAR PISTORIUS was described as "lonely" today as he waits to find out if he will have to spend four weeks under observation in a psychiatric facility.
The athlete – on trial for killing his girlfriend Reeva Steenkamp – has been diagnosed with 'general anxiety disorder' by forensic psychiatrist Dr. Meryl Vorster, who has been giving evidence in court.
Vorster has said the disorder may have played a role "to a degree" in his actions on the night of the shooting on 14 February last year.
Pistorius had friends "to avoid feeling lonely", she told the court. "They were not friends he could confide in." His sexual relationships tended to be short, she said, adding that he coped socially, but this was "superficial".
People suffering from the disorder are not "dangerous", said Vorster, but they should "probably not have firearms". She added: "That makes that person at risk of being involved in violent activities."
Vorster said that she would not expect Pistorius to remember exactly what happened at the time of the shooting because of the anxiety disorder and the fear he felt. But she said that Pistorius was still able to know what he was doing.
Prosecutor Gerrie Nel has argued that Pistorius should go for a 30-day psychiatric evaluation and suggested that the defence team may be using the Vorster's testimony as a fall-back defence.
He questioned why Vorster had been called in at such a late stage to evaluate Pistorius, reports The Guardian. "We will argue that the accused was not the most impressive witness," he said. "Now we have a witness being called by the defence saying that a psychiatric disorder may play a role in his actions... there should be red lights going off."
The defence and prosecution have disagreed on whether or not the disorder can be classed as a mental illness under South African law. The defence says it is not and claims there is "no merit" in the prosecution's application to have Pistorius undergo further tests.
Judge Thokozile Masipa will announce her decision tomorrow.
Oscar Pistorius has anxiety disorder, says psychiatrist
12 May:
OSCAR PISTORIUS has an anxiety disorder, according to a forensic psychiatrist, and may have to undergo a mental health assessment at a state hospital.
Dr Meryl Vorster has told the Pretoria court that the amputation of the athlete's lower legs as baby, his family's heightened fear of crime, his parents' divorce and his mother's death when he was 14 led to a generalised anxiety disorder.
The removal of his legs when he was unable to understand what was going on would have been perceived as a "traumatic assault", she said. His father was "an irresponsible and absent" parent, while his mother "abused alcohol intermittently" and slept with a gun under pillow. Her children were not "soothed" and developed anxiety, she said.
Vorster described Pistorius's emotional reactions as "genuine". The athlete has cried, retched and vomited during the trial, in which he is accused of murdering his girlfriend Reeva Steenkamp on Valentine's Day last year.
"If one had to feign retching one would develop a hoarse voice, red in the face. He was pale and sweating," said Vorster. "This is difficult to feign."
The psychiatrist said that Pistorius's reaction to the "perceived threat" on the night of the shooting "should be considered in light of his physical disability and his anxiety disorder".
State prosecutor Gerrie Nel argued the defendant's mental health should be examined more fully at a state hospital – a move that could delay the trial for up to a month, reports Sky News.
However, the defence has said it would oppose the application, arguing that the diagnosis of generalised anxiety disorder did not mean Pistorius was incapable of distinguishing right from wrong.
Vorster also talked about the flight/fight response, saying Pistorius was more likely to respond to any threat with "fight" rather than "flight" because his capacity for flight is limited.
In a statement that may later prove difficult for the defence, Vorster agreed with the prosecution that by arming himself and approaching the danger Pistorius must have foreseen the possibility of shooting.
The defence team was due to wrap up its case on Tuesday, but is now likely to go on until the end of the week, as the prosecution has taken longer than planned to cross-examine witnesses.
Oscar Pistorius: Reeva's last moments disputed in court
9 May
A BALLISTICS expert testifying at the trial of Oscar Pistorius has cast doubt on the prosecution’s account of Reeva Steenkamp’s final moments.
Tom "Wollie" Wolmarans, a former police forensics expert and witness for the defence, faced an aggressive cross-examination from prosecutor Gerrie Nel today, reports The Guardian.
The state maintains that Pistorius shot his girlfriend Steenkamp following an argument, while the Paralympian says he mistook her for a dangerous intruder.
Today Wolmarans said he believes Steenkamp was standing close behind the toilet door when the first two bullets hit her hip and arm. He believes she was falling as she was hit by a subsequent bullet that caused her fatal head wound.
His version of events differs to that given by Captain Christiaan Mangena, a ballistics expert for the prosecution. Mangena said Steenkamp was standing in the toilet cubicle when she was hit in the right hip, but believed she fell to the floor and was then hit in the arm and head as she crossed her arms over her head to protect herself.
The prosecution’s account would suggest that Pistorius paused between the shots and may have heard Steenkamp scream before firing the final, fatal bullet – whereas Wolmarans claims the shots were fired in quick succession.
In a dramatic exchange, Nel asked Wolmarans if he had changed details of his report after discussing the case with Roger Dixon, another defence witness who testified before the Easter break. Wolmarans admitted that he and Dixon had gone for a beer together but said he would not have altered his own report on Dixon's advice because Dixon was not a ballistics expert. "I never lied to a court," he told the judge.
Wolmarans, who at one point stepped inside the court’s reconstructed toilet cubicle to demonstrate Steenkamp’s position, said the state’s explanation for an injury on the victim’s back also "does not make sense". The prosecution claims the injury was caused by a ricochet bullet, but Wolmarans says it would have occurred when she fell backwards onto a wooden magazine rack.
Showing posts with label Oscar Pistorius : What Will Psychiatric Evaluation Involve ?. Show all posts
Showing posts with label Oscar Pistorius : What Will Psychiatric Evaluation Involve ?. Show all posts
Sunday, June 1, 2014
Oscar Pistorius : What Will Psychiatric Evaluation Involve ? Part 3
Oscar Pistorius: 'heartbroken' athlete took up art therapy
8 May:
OSCAR PISTORIUS took up art therapy after Reeva Steenkamp’s death left him "heartbroken", a social worker has told the Pretoria court.
Yvette Van Schalkwyk, who was asked to give Pistorius emotional support and assess his mental state following the shooting, said that he had cried 80 per cent of the time.
"From the first second, I saw a man who was heartbroken about the loss, he cried, he was in mourning," she said. "He suffered emotionally. He loved her."
Van Schalkwyk was not originally on the defence witness list but came forward on Tuesday following claims that Pistorius had taken acting lessons and that his emotions in court were fake, reports The Times.
She said his first words to her were "I miss Reeva so much" and that he was also upset about the loss he had caused her parents.
Van Schalkwyk added that she visited Pistorius in his cells during his bail hearing and that he vomited twice and had collapsed crying.
Pistorius was not deemed suicidal and had participated in art therapy to deal with his trauma, said Van Schalkwyk.
In cross-examination, prosecutor Gerrie Nel tried to emphasise the point that Pistorius had not told Van Schalkwyk he was "sorry", but the social worker said she was not expecting such a remark because that was not her "position or function". She was not there to determine remorse, she said.
Earlier in the day, anaesthetist Professor Christina Lundgren cast doubt on the prosecution’s claim that Reeva had eaten two hours before she died. Lundgren said that gastric emptying was not an exact science and there were a number of factors that could have slowed her digestion, including yoga and sleeping.
The court also heard from forensic and ballistics expert Thomas Wolmarans, who told the court that he found a bullet fragment in the toilet bowl that police had missed in their examination of the crime scene. He also raised doubts about the trajectory of bullets reconstructed by the police, saying it was impossible to determine an accurate trajectory without knowing where the gun was fired from.
Oscar Pistorius denies ‘sinister’ remark to Reeva’s friend
7 May
OSCAR PISTORIUS has denied whispering "how can you sleep at night?" to a friend of Reeva Steenkamp during a break in his murder trial.
The friend, Kim Myers, claims the athlete made the "very sinister" comment as she sat in the public gallery.
Journalists sitting nearby say they saw Pistorius lean forwards towards Myers as he left the dock. She was seen to recoil and was approached by a police officer sitting with the prosecution team. The officer then spoke to prosecutor Gerrie Nel who confronted the Paralympian’s lawyers.
When questioned by reporters, Pistorius denied even speaking to Myers, claiming he had not spoken to her or her family for a year and a half.
Myers’s lawyer has raised the issue with the National Prosecuting Authority (NPA) and is considering making a formal complaint of intimidation to police. He added that his client viewed the "unwelcome approach as extremely disturbing".
Barend van Staden, a police officer who testified against Pistorius earlier in the trial, has claimed he overheard the comment and police have reportedly been scanning video footage of the trial in an attempt to find the moment that the alleged exchange took place
Steenkamp lived with the Myers family in the months before she was killed and referred to them as her "Jo’burg family". Kim Myers, her sister Gina, mother Desi and father Cecil were all named as state witnesses but were not called to give evidence. Cecil Myers, who was among those to identify Steenkamp’s body, had previously told the media he had been concerned about the intensity of Pistorius’s relationship with Steenkamp.
Stephen Tuson, a legal expert at Wits University in Johannesburg, told the Telegraph that if Kim Myers had been called as a state witness, Pistorius’s alleged comment could have prompted the NPA to apply for his bail to be revoked.
The state claims Pistorius deliberately shot Steenkamp on 14 February last year, but the athlete insists he mistook her for a dangerous intruder.
Oscar Pistorius: neighbours heard man's 'high-pitched' cries
6 May
THREE of Oscar Pistorius’s nearest neighbours have said they heard the loud cries of a man, not the screams of a woman, on the night Reeva Steenkamp was shot.
The witnesses were called by the athlete’s defence to testify at his murder trial, where Pistorius is seeking to prove that he mistook his girlfriend for a dangerous intruder.
Previous neighbours testifying for the prosecution claimed they heard the screams of a woman, suggesting the athlete must have known Steenkamp was behind the toilet door when he opened fire.
Today, Pistorius's next-door neighbour Michael Nhlengethwa told the court that he had met Steenkamp only once when Pistorius introduced her as his "fiancée".
Nhlengethwa said that on the night of the shooting his wife woke him up after hearing a "bang" and he could hear a man crying very loudly as if he was in danger, saying: "Please, please, no, please."
His wife Eontle Nhlengethwa later gave a demonstration of the high-pitched crying in court. Another neighbour Rika Motshuane said she also heard a man crying "very loud and very close", and said "to me the crying was a cry of pain".
However, in cross-examination, prosecutor Gerrie Nel sought to show the witnesses had woken up after Steenkamp had already screamed and had been shot.
Yesterday, the court heard from Silverwoods estate manager Johan Stander and his daughter Carice Viljoen, who were among the first people to arrive at the scene.
Stander insisted that he believed what happened was a "mistake" and that he had seen first-hand Pistorius's commitment to keeping Steenkamp alive. "He was crying, praying, asking God to help him. He was torn apart, broken, desperate, pleading," he told the court.
Meanwhile, the Daily Telegraph has revealed that Pistorius’s Malawian housekeeper Frank Chiziweni was sleeping in the domestic quarters next to Pistorius's kitchen on the ground floor of his home at the time of the shooting.
Chiziweni claims he slept through the entire incident and will not be called by either side to give evidence in the trial.
The court has adjourned until Thursday, as tomorrow is election day in South Africa, with the defence likely to wrap up its case by next Tuesday.
Oscar Pistorius cannot dodge jail with murder acquittal alone
5 May:
OSCAR PISTORIUS could spend years in prison even if he is acquitted of murdering his girlfriend Reeva Steenkamp.
The prosecution claims the athlete deliberately shot Steenkamp through a toilet door following an argument on Valentine’s Day last year. With juries abolished in South Africa, Pistorius is trying to convince a judge that he mistook her for a dangerous intruder.
During the course of the trial, the athlete’s version has changed from "putative self-defence" to "involuntary action".
He was not able to use the basic self-defence principle because there was no actual threat to his life. Under South African law, "putative self-defence" means that the accused genuinely believed their life was threatened and used "reasonable means" to protect themselves.
Pistorius has tried to convince the court that his vulnerability led him to believe his life was in danger. He claimed he had previously been a victim of violent crime and told the court he was "extremely fearful, overcome with a sense of terror and vulnerability" in the moments before he shot the gun.
However, the athlete has also denied that he "consciously" pulled the trigger, insisting it was an "accident". He told the court "I fired my firearm before I could think."
Legal analysts have warned that switching his explanation from putative self-defence to involuntary action could create serious problems for his defence. Involuntary action is usually used in cases of sleepwalking, epileptic seizures or similar episodes, reports the Globe and Mail.
What are the charges against Pistorius and how many years might the athlete face in prison?
Premeditated murder:
Pistorious currently faces a possible mandatory life sentence for premeditated murder – up to 25 years unless there are extraordinary circumstances. However, the legal definition of "premeditated" is a grey area. Eric Macramalla, a legal analyst at TSN, says it is usually reserved for more "robust planning" and generally does not include "an intent that materialised right before a crime was committed". He points to a case in South Africa, State v Raath, in which a father forced his son to remove a firearm from a safe to kill the son's mother. The court ruled that this was not sufficient to constitute premeditated murder.
Murder:
If Judge Thokozile Masipa does not believe Pistorius planned to kill Steenkamp, she could still convict him for the lesser charge of murder, says Macramalla. This would mean Pistorius intended to kill Steenkamp, with no planning element needed, and would result in a compulsory sentence of 15 years.
Culpable homicide:
Even if Pistorius is acquitted for murder, he could still face a conviction of culpable homicide, meaning he "negligently" killed Steenkamp, explains Macramalla. Sentencing is discretionary, varying from fines to prison time of up to 15 years. Jeffrey Scott Shapiro, legal analyst for the Washington Times, says the judge would need to assign a degree of negligence. "The higher the negligence, the longer the prison term," he says.
Discharging firearms in public:
Pistorius is also charged with two counts of discharging a firearm in public. He allegedly fired a gun at a restaurant on 11 January 2013 and again through a car sunroof on 30 November 2012. He could face five years in prison on each count.
Illegal possession of ammunition:
This charge has only been touched on very briefly in court. Pistorius is charged with being in possession of ammunition for a firearm for which he does not have a licence. The prescribed sentence on this count is 15 years in prison.
8 May:
OSCAR PISTORIUS took up art therapy after Reeva Steenkamp’s death left him "heartbroken", a social worker has told the Pretoria court.
Yvette Van Schalkwyk, who was asked to give Pistorius emotional support and assess his mental state following the shooting, said that he had cried 80 per cent of the time.
"From the first second, I saw a man who was heartbroken about the loss, he cried, he was in mourning," she said. "He suffered emotionally. He loved her."
Van Schalkwyk was not originally on the defence witness list but came forward on Tuesday following claims that Pistorius had taken acting lessons and that his emotions in court were fake, reports The Times.
She said his first words to her were "I miss Reeva so much" and that he was also upset about the loss he had caused her parents.
Van Schalkwyk added that she visited Pistorius in his cells during his bail hearing and that he vomited twice and had collapsed crying.
Pistorius was not deemed suicidal and had participated in art therapy to deal with his trauma, said Van Schalkwyk.
In cross-examination, prosecutor Gerrie Nel tried to emphasise the point that Pistorius had not told Van Schalkwyk he was "sorry", but the social worker said she was not expecting such a remark because that was not her "position or function". She was not there to determine remorse, she said.
Earlier in the day, anaesthetist Professor Christina Lundgren cast doubt on the prosecution’s claim that Reeva had eaten two hours before she died. Lundgren said that gastric emptying was not an exact science and there were a number of factors that could have slowed her digestion, including yoga and sleeping.
The court also heard from forensic and ballistics expert Thomas Wolmarans, who told the court that he found a bullet fragment in the toilet bowl that police had missed in their examination of the crime scene. He also raised doubts about the trajectory of bullets reconstructed by the police, saying it was impossible to determine an accurate trajectory without knowing where the gun was fired from.
Oscar Pistorius denies ‘sinister’ remark to Reeva’s friend
7 May
OSCAR PISTORIUS has denied whispering "how can you sleep at night?" to a friend of Reeva Steenkamp during a break in his murder trial.
The friend, Kim Myers, claims the athlete made the "very sinister" comment as she sat in the public gallery.
Journalists sitting nearby say they saw Pistorius lean forwards towards Myers as he left the dock. She was seen to recoil and was approached by a police officer sitting with the prosecution team. The officer then spoke to prosecutor Gerrie Nel who confronted the Paralympian’s lawyers.
When questioned by reporters, Pistorius denied even speaking to Myers, claiming he had not spoken to her or her family for a year and a half.
Myers’s lawyer has raised the issue with the National Prosecuting Authority (NPA) and is considering making a formal complaint of intimidation to police. He added that his client viewed the "unwelcome approach as extremely disturbing".
Barend van Staden, a police officer who testified against Pistorius earlier in the trial, has claimed he overheard the comment and police have reportedly been scanning video footage of the trial in an attempt to find the moment that the alleged exchange took place
Steenkamp lived with the Myers family in the months before she was killed and referred to them as her "Jo’burg family". Kim Myers, her sister Gina, mother Desi and father Cecil were all named as state witnesses but were not called to give evidence. Cecil Myers, who was among those to identify Steenkamp’s body, had previously told the media he had been concerned about the intensity of Pistorius’s relationship with Steenkamp.
Stephen Tuson, a legal expert at Wits University in Johannesburg, told the Telegraph that if Kim Myers had been called as a state witness, Pistorius’s alleged comment could have prompted the NPA to apply for his bail to be revoked.
The state claims Pistorius deliberately shot Steenkamp on 14 February last year, but the athlete insists he mistook her for a dangerous intruder.
Oscar Pistorius: neighbours heard man's 'high-pitched' cries
6 May
THREE of Oscar Pistorius’s nearest neighbours have said they heard the loud cries of a man, not the screams of a woman, on the night Reeva Steenkamp was shot.
The witnesses were called by the athlete’s defence to testify at his murder trial, where Pistorius is seeking to prove that he mistook his girlfriend for a dangerous intruder.
Previous neighbours testifying for the prosecution claimed they heard the screams of a woman, suggesting the athlete must have known Steenkamp was behind the toilet door when he opened fire.
Today, Pistorius's next-door neighbour Michael Nhlengethwa told the court that he had met Steenkamp only once when Pistorius introduced her as his "fiancée".
Nhlengethwa said that on the night of the shooting his wife woke him up after hearing a "bang" and he could hear a man crying very loudly as if he was in danger, saying: "Please, please, no, please."
His wife Eontle Nhlengethwa later gave a demonstration of the high-pitched crying in court. Another neighbour Rika Motshuane said she also heard a man crying "very loud and very close", and said "to me the crying was a cry of pain".
However, in cross-examination, prosecutor Gerrie Nel sought to show the witnesses had woken up after Steenkamp had already screamed and had been shot.
Yesterday, the court heard from Silverwoods estate manager Johan Stander and his daughter Carice Viljoen, who were among the first people to arrive at the scene.
Stander insisted that he believed what happened was a "mistake" and that he had seen first-hand Pistorius's commitment to keeping Steenkamp alive. "He was crying, praying, asking God to help him. He was torn apart, broken, desperate, pleading," he told the court.
Meanwhile, the Daily Telegraph has revealed that Pistorius’s Malawian housekeeper Frank Chiziweni was sleeping in the domestic quarters next to Pistorius's kitchen on the ground floor of his home at the time of the shooting.
Chiziweni claims he slept through the entire incident and will not be called by either side to give evidence in the trial.
The court has adjourned until Thursday, as tomorrow is election day in South Africa, with the defence likely to wrap up its case by next Tuesday.
Oscar Pistorius cannot dodge jail with murder acquittal alone
5 May:
OSCAR PISTORIUS could spend years in prison even if he is acquitted of murdering his girlfriend Reeva Steenkamp.
The prosecution claims the athlete deliberately shot Steenkamp through a toilet door following an argument on Valentine’s Day last year. With juries abolished in South Africa, Pistorius is trying to convince a judge that he mistook her for a dangerous intruder.
During the course of the trial, the athlete’s version has changed from "putative self-defence" to "involuntary action".
He was not able to use the basic self-defence principle because there was no actual threat to his life. Under South African law, "putative self-defence" means that the accused genuinely believed their life was threatened and used "reasonable means" to protect themselves.
Pistorius has tried to convince the court that his vulnerability led him to believe his life was in danger. He claimed he had previously been a victim of violent crime and told the court he was "extremely fearful, overcome with a sense of terror and vulnerability" in the moments before he shot the gun.
However, the athlete has also denied that he "consciously" pulled the trigger, insisting it was an "accident". He told the court "I fired my firearm before I could think."
Legal analysts have warned that switching his explanation from putative self-defence to involuntary action could create serious problems for his defence. Involuntary action is usually used in cases of sleepwalking, epileptic seizures or similar episodes, reports the Globe and Mail.
What are the charges against Pistorius and how many years might the athlete face in prison?
Premeditated murder:
Pistorious currently faces a possible mandatory life sentence for premeditated murder – up to 25 years unless there are extraordinary circumstances. However, the legal definition of "premeditated" is a grey area. Eric Macramalla, a legal analyst at TSN, says it is usually reserved for more "robust planning" and generally does not include "an intent that materialised right before a crime was committed". He points to a case in South Africa, State v Raath, in which a father forced his son to remove a firearm from a safe to kill the son's mother. The court ruled that this was not sufficient to constitute premeditated murder.
Murder:
If Judge Thokozile Masipa does not believe Pistorius planned to kill Steenkamp, she could still convict him for the lesser charge of murder, says Macramalla. This would mean Pistorius intended to kill Steenkamp, with no planning element needed, and would result in a compulsory sentence of 15 years.
Culpable homicide:
Even if Pistorius is acquitted for murder, he could still face a conviction of culpable homicide, meaning he "negligently" killed Steenkamp, explains Macramalla. Sentencing is discretionary, varying from fines to prison time of up to 15 years. Jeffrey Scott Shapiro, legal analyst for the Washington Times, says the judge would need to assign a degree of negligence. "The higher the negligence, the longer the prison term," he says.
Discharging firearms in public:
Pistorius is also charged with two counts of discharging a firearm in public. He allegedly fired a gun at a restaurant on 11 January 2013 and again through a car sunroof on 30 November 2012. He could face five years in prison on each count.
Illegal possession of ammunition:
This charge has only been touched on very briefly in court. Pistorius is charged with being in possession of ammunition for a firearm for which he does not have a licence. The prescribed sentence on this count is 15 years in prison.
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