Wednesday, May 14, 2014

Pistorius trial: Prosecution applies for mental tests

Posted by nAVID Forex Academy  |  No comments

Watch coverage of the murder trial of the South African athlete Oscar Pistorius
The prosecution in the trial of South African Olympic athlete Oscar Pistorius has formally requested that he undergo a mental observation.
Prosecution lawyer Gerrie Nel made the application after forensic psychiatrist Merryll Vorster said the double amputee was "a danger to society".
Judge Thokozile Masipa said she would announce her decision on Wednesday.
Mr Pistorius denies intentionally killing his girlfriend Reeva Steenkamp on Valentine's Day last year.
He says he accidentally shot her through the toilet door in a state of panic, mistaking the 29-year-old model and law graduate for an intruder.
'Manifestly absurd'
Andrew Harding
The prosecution accused the defence on Tuesday of changing its plea - from putative self-defence to a psychiatric disorder.
Mr Nel said that a "psychiatric evaluation was essential" and it was in the interests of justice for the accused to be referred.
The defence is vigorously resisting the prosecution move, which it argues is "manifestly absurd".
Dr Vorster told the court earlier that she would not say that Mr Pistorius had "a mental illness" and that he was "still able to function at high level as an athlete and still able to socialise".
But she said that people with Generalised Anxiety Disorders (Gads) like Mr Pistorius probably should not have firearms.
She said that Gad would not "render you unfit to stand trial".
The BBC's Andrew Harding says that the psychiatrist shored up the defence's argument that Mr Pistorius does not need mental evaluation.
On Monday she said that the athlete had had an anxiety disorder since childhood and was "anxious" about violent crime.
His actions on Valentine's Day last year "should be seen in context of his anxiety" and would have been different from "normal, able-bodied person", she said.
Oscar Pistorius walks towards the high court in Pretoria on TuesdayIf found guilty of murder Mr Pistorius could face life imprisonment
June Steenkamp, the mother of Reeva Steenkamp, (third from right) looks at Oscar Pistorius (foreground in the dock) on 13 May 2014Mr Pistorius (foreground) has described the prosecution move for him to be assessed as "a joke"
The red light from a laser lines up bullet holes on the bathroom door during the trial of Oscar Pistorius in Pretoria (12 May 2014)The order and trajectory of bullets that killed Reeva Steenkamp is a key part of the case
Oscar Pistorius and Reeva Steenkamp at an awards ceremony in Johannesburg - 14 February 2013The couple had been dating for just a few months when she was shot dead in 2013
If the prosecution request is granted, Mr Pistorius may spend up to 30 days in a state mental health institution for observation and assessment of his mental health.
Court sources have indicated that it is unlikely the judge will grant the prosecution its request, our reporter says.
There are no juries at trials in South Africa, so the athlete's fate will ultimately be decided by the judge, assisted by two assessors.
If found guilty, Mr Pistorius - a national sporting hero dubbed the "blade runner" because of the prosthetic limbs he wears to race - could face life imprisonment.
If he is acquitted of murder, the court must consider an alternative charge of culpable homicide, for which he could receive about 15 years in prison.
INTERACTIVE
3D impression of Pistorius house

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