minor4th
Verified Attorney
- Joined
- Jan 14, 2013
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I'd defer to South Africans as most of my legal knowledge comes from US cases, though thank you kindly for the lovely comment. I'm quite happy to be proven wrong. It seems very unfair though to have allowed the entire State's CIC on the presumption he wasn't mentally ill and not allow them to pursue a retrial on the basis he is.
Either way though, the point is the same - a not guilty by mental disease or defect verdict - whether it's at the end of this evaluation or at the potential culmination of a retrial does NOT mean Oscar receives no punishment at all for his crimes. As you so correctly posted, he would be committed. And in some cases, convicted murderers have spent longer hospitalised than they would have incarcerated as the decision to release them is wholly determined by a different set of criteria. He absolutely does not simply walk out of court a free man, which seemed to me (apologies if I'm mistaken) to be the implication.
MOO
I think you've hit on one flaw in the SA judicial system IMO. These bizarre happenings mid-trial could not happen if there were reciprocal discovery - meaning both sides have to disclose all witnesses and provide expert reports 30-60 days prior to trial.