Trial Discussion Thread #38 - 14.05.13 Day 31

[ColonelMustard]

I wonder whether she'll adjourn until tomorrow to consider it. Bet she does.

 

[Trooper]

yes that's the odd bit, why didn't Roux ask Kevin Larena about Oscar's anxiety disorder? or Darrin Fresco?? Fresco would have been up for an amateur diagnosis ... he was pretty peeved with Oscar by the time the trial had rolled round..

 

[zwiebel]

N:....to put factors before this court and the court never took it into consideration. If it goes to appeal.....why did defence not do this before? Can it not be seen as a defence fallback position?

Nel is pointing out how he thinks the psych has been called purely to provide a basis for appeal, I think....

 

[04009margaret]

And there I thought she was gonna say "this is for the judge to decide"

Her judgement yesterday was that the court may see it that way, she definitely backed down on what she said yesterday on a number of issues

 

[BritsKate]

Nastasya Tay @NastasyaTay · 5s

Nel: “The timing of this evidence (after #OscarPistorius & experts testified) should be taken into account.” Asks if it’s a “fallback”?

https://twitter.com/NastasyaTay

 

[kaos]

Although I think he should be assessed, it's going to be awful for Reeva's family to wait even longer.

My withdrawal symptoms will kick in too

 

[Trooper]

it is the suddenness of the diagnosis that has placed the court, and its officers in an invidious position. if the claim is made , that claim has to be investigated..

 

[zwiebel]

N: We will argue the accused was not the most impressive witness. We will argue his evidence should be rejected.....that is why we argue the timing of the witness and the timing of the consultation is important...

 

[Trooper]

Nel is reading out cases ( precedence) of situations similar, and events similar, and the appeals court decisions, etc..

 

[zwiebel]

So I think Nel just said psych was drafted in just because OP gave such terrible evidence?

One of our posters said exactly that, ages ago.....

ETA: Well, not ages, just upthread here....

 

[sleuth-d-]

Nastasya Tay @NastasyaTay · 5s

Nel: “The timing of this evidence (after #OscarPistorius & experts testified) should be taken into account.” Asks if it’s a “fallback”?

https://twitter.com/NastasyaTay

love the use of 'fall back'. certainly how it looked to me, along with a helping of 'tailoring' following events prior to may 2nd

 

[Trooper]

the appeals court HAS referred cases back for adjudication because the accused was found to have a mental disorder..

 

[BritsKate]

Although I think he should be assessed, it's going to be awful for Reeva's family to wait even longer.

My withdrawal symptoms will kick in too

I totally agree but imagine their pain if a conviction is reversed on appeal. Of course it still could be, but best in my opinion, to limit the possibility for a successful appeal.

 

[ColonelMustard]

I'D err on the side of caution!! The contention that the DMS-V should be used with prudence in forensics SUPPORTS the application. M'Lady would not have to be deciding the merits of his psych condition, three EXPERTS over a long period of time would come up their recommendation TO her.

 

[04009margaret]

Is OP making notes or just head down with glasses on?

He appears to be totally disinterested

 

[AlexUK]

Milady...the naughty schoolboys are giggling again!

 

[sleuth-d-]

N: We will argue the accused was not the most impressive witness. We will argue his evidence should be rejected.....that is why we argue the timing of the witness and the timing of the consultation is important...

bbm. wow. nel having to give some of his closing argument away...

 

[Trooper]

the difference between mental illness and mental affect.,. nel is quoting a case. nil Bareena..
this mental illness or mental affect.. an enquiry into the mental state of the accused must be ascertained..

 

[ColonelMustard]

Mangena and the big dark-haired guy are laughing.

 

[kaos]

I think judges like being presented with previous case histories.