Lying in the Sun

Case for Referral

Case for Referral


Court proceedings resumed.   Roux re-examined the witness, Dr Vorster in a bid to counter the damage done in respect of the possibility that Pistorius may be referred under the Criminal Procedure Act for assessement of his mental health.

Gerrie Nel lodges his application for Pistorius to be referred.


He is going through the statement he has made in his application.  Quoting case law as he goes along, making his case for referral.

He has certainly done his homework last night on this one.

He questions also the timing of this witness being called, the timing of her assessment of Pistorius (only being requested to make an assessment after Pistorius gave his evidence and only after the other defence witnesses (the experts) had testified.

He questions also why there seems now to be three different defence pleas!

It is quite fascinating stuff.

Pistorius for the most part of this morning's proceedings has sat, head lowered, appearing to be writing- taking notes.

Gerrie Nel states his argument is that Pistorius should be referred.

He finishes.

Roux is now saying that Mr Nel's understanding of the Law (in relation to referrals) is unfortunate.

Roux quite agitated, arguing (as though for his life) against the State's application to have Pistorius referred.     He too is quoting case law.

Pistorius now sitting up and paying attention.

Roux now going over the testimony of the witness given under cross examination by Gerrie Nel.

Never seen Roux so agitated, angry, so desperate.

He has messed up big time bringing this witness, Dr Vorster, and he knows it, his delivery now shows it.   Shows HIS anxiety.

Nel cool as a cucumber went through his referral application statement.

What will Judge Masipa decide?


*** Update

Roux argues that there is no merit in the State's application for referral, he said that, should the Court find some merit, he is stating now that he is going to bring in a second witness, to speak about the issue of 'fight or flight' raised by Dr Vorster yesterday.  He suggests that the Court cannot decide on this until he brings his second witness.


Gerrie Nel is now on his feet - an extraordinary turn of events, the case that Roux quoted, as it happens was one which Gerrie Nel was involved in.  Nel said he knows the case inside out, so for Roux to have said his understanding is 'unfortunate...'

Nel said he agrees with Roux on one issue only, that emotions should not come into this, but he understands Roux' being as he is (upset/emotional) he would feel the same basically if he had been the one to call this witness, Dr Vorster (a witness whose testimony left the door open for referral application to take place)

Ouch!

Nel continues to argue his case, now on the question of whether GAD is a mental illness.  He quotes case law again.   Said he stands by the application and case law he has quoted.

Judge said she will give her decision on referral when Court resumes tomorrow at 9:30 am


l-azzeri-lies-in-the-sun.com
13th May 2014
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