Thomson, Sky News
Alex, just give us a flavour of the atmosphere in Court:
Crawford
Oh it was absolutely shocking, within a few seconds of the Prosecutor starting his cross examination he had pretty much laid into Oscar Pistorius accusing him of not taking responsibility and trying him to force him into admitting and saying out loud that he had shot and killed Reeva Steenkamp. He had said three times it was a mistake it was a mistake. And then again a few seconds after that he decided he was going to project this very closeup shot of Reeva Steenkamp head wound and you can see how close the television screen is to where Oscar Pistorius was sitting. He didn’t look at it, but it went on all the television screens and you really couldn’t have escaped it. I think June Steenkamp was warned about it beforehand, that’s Reeva’s mother because she was not affected in the same way, that everyone else…. I’m sure she was affected it cannot have been easy seeing her daughter in that state but she told reporters afterwards that she felt it was necessary and she understood that necessity. But very very graphic image showing both bullet entry and exit wounds and brain matter all in her hair and it was utterly shocking, Court had to be adjourned a few minutes later for him to compose himself.
Thomson:
And then this whole question of the contradictions between earlier statements and what he then said verbally in court...
Ike Motloung
All along I was under the impression that his defence was that he shot at Reeva thinking that he was shooting at an intruder. And that was the total of (what I got?) even from the cross examination of Advocate Roux all along, and it seems to have evolved today to -
‘NO, not even the intruder did I intend to shoot at.’
You know what it does amount to? – If one tenth of it is true, it means that his defence, in legal terms is what we call automatism, in the sense that, 'I never intended, for all intents and purposes its not even me who shot, I can’t even explain what happened, I never for once intended to shoot at whoever I shot at.'
I never thought that was their defence all along, and I wonder if that was their defence really? The way Barry (Roux) has been meticulous about detail, I never heard it from him.
Thomson:
It’s pretty clear how Mr Nel is performing he’s been very surgical and he’s going in point after point, and you imagine this is going to go on for hours now.
Crawford
I think it will go on for a long long time but at the end of that, Pistorius family members were feeling very proud of Oscar they were saying that they thought he performed pretty well and one of them said 'I’ve got a lot of respect for how Oscar dealt with that' So I think he was up against probably one of the toughest advocates in South Africa, and he’s got a lot more to face yet.
END
Indeed - and I for one am glad he is up against a tough advocate as that is what it will take when dealing with someone who clearly has lied and will continue to do so. Someone who doesn't want take responsibility who will blame everyone and anyone make every excuse imaginable.
He reminds me of others who have behaved just like he has.
But to what Ike Motloung has said. What is the Defence up to? Will 'automatism' now be Pistorius' defence? Is this why Pistorius repeatedly stated under cross examination today that he didn't intend to shoot anyone and not - Oh I didn't mean to shoot Reeva, I thought I was shooting an intruder?
We will see!
http://en.wikipedia.org/wiki/Automatism_(law)
Automatism is a rarely used criminal defense. It is one of the mental condition defences that relate to the mental state of the defendant. Automatism can be seen variously as lack of voluntariness, lack of culpability (unconsciousness) or excuse (Schopp). Automatism means that the defendant was not aware of his or her actions when making the particular movements that constituted the illegal act. For example, Esther Griggs in 1858 threw her child out of a first floor window believing that the house was on fire, whilst having a night terror.[1] Brian Thomas strangled his wife in their campervan in a more recent case in Aberporth in an episode of rapid eye movement sleep behaviour disorder (a disorder related to sleepwalking), where he dreamed there was an intruder on top of his wife. The defence of automatism is denying that the person was acting in the sense that the criminal law demands. As such it is really a denial-of-proof – the defendant is asserting that the offence is not made out. The prosecution does not have to disprove the defence as is sometimes erroneously reported; the prosecution has to prove all the elements of the offence including the voluntary act requirement. Automatism is a defence even against strict liability crimes like dangerous driving, where no intent is necessary....
l-azzeri-lies-in-the-sun.com
9th April 2014