Trial Discussion Thread #38 - 14.05.13 Day 31

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Hmm. Didn't OP say the whole referral thing was a 'joke' and that yesterday went well for him? Well, I hope he's laughing at that 'joke' now! The way Nel is talking, the court has no option but to refer. And he's saying that the test for referral is very low.
 
OP is following what Nel is saying very, very closely with a frown of concentration on his face...
 
Writing his new book but only because I doubt he's playing Farmville, perhaps Solitaire though...

Edit: this buffering is really getting annoying!

Praps he's writing a packing list for Aimee.....

My best watch
Memory stick containing financial stuff
'That' phone
'Those" bullets
Frank
 
Nels says this case complies in terms of definition of vulnerability, mental illness diagnosis etc...
 
He also had a great slip of the lip. He said, the "fuct" is, then a quick U-turn, the "fact" is.
 
if Nel gets this, Oscar is kissing his bail goodbye for the duration of his trial however long it takes, now..
But he'll still live with Uncle Arnold because it could take months to find a hospital bed?
 
Roux is going to have to pull all the stops out now..

( my feed was so bad I gave up and went into the other room to watch it on my TV channel. good feed there, but the laptop is difficult to use. so my apologies to those who need the amateur transcription. it just didn't work out tonight )
 
N: It is in the interest of justice; there is a reasonable possibility that psych factors and mental illness may have played a role...the process in terms of sec 79 (??) is for a panel to make a finding if a condition existed at the time and if it played a role...the risk defence too in calling the Dr at this stage...

Nel says he personally does not think mental illness did play a role but, to paraphrase, better safe than sorry.
 
The judge asks Nel if he found a case where the accused said, 'No, I'm sane'.

Nel did not.
 
ML: Is there a case where the accused said there was nothing wrong with him?

me: what?? they brought Voster to testify that there WAS something wrong with him.
 
a court order for a mental health evaluation invalidates his bail conditions. he loses bail. he will have to re apply for it at the appropriate time. whenever that is.

Roux is snappy and scornful. lip curled, eyebrows raised. yup he is pulling out all the stops..
 
Roux up.

R: ...Mr Nel's reading of the law reports is rather unfortunate...may I read the law reports to you?
 
R reads where it says just the fact of an allegation of mental illness, does not mean it is founded, that would be 'patently absurd'.
 
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