Trial Discussion Thread #39 - 14.05.14 Day 32
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supernovaNic
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Barry Bateman ‏@barrybateman 5m
#OscarTrial Masipa: The accused might not have raised the issue of mental illness, but evidence raised on his behalf cannot be ignored. BB
#OscarTrial Masipa: The accused might not have raised the issue of mental illness, but evidence raised on his behalf cannot be ignored. BB
the event of feb 14 should be considered in the light of his disability.
at the time of the offence. as an amputee he would have been compromised..
and (2) , his general and pervasive disorder, which he has had for many years would have handicapped him further.
it is clear that Mr P has a psychiatric illness. his ability to act is tempered by his disorder,,
at the time of the offence. as an amputee he would have been compromised..
and (2) , his general and pervasive disorder, which he has had for many years would have handicapped him further.
it is clear that Mr P has a psychiatric illness. his ability to act is tempered by his disorder,,
In the case of, say, a learning disabled adult, they (his defence) may not know it nor that he was not able to properly understand the proceedings and defend himself properly to be able to raise the condition, therefore it is the court's duty to if brought to their attention, IMO. One example is the case of Barry George (IQ 70), convicted as the murderer of Jill Dando, whose learning disability was not raised until his 2nd or 3rd appeal 8 years later when he was finally acquitted on other evidence that also exculpated him.
Which way will Masipa go?
Which way will Masipa go?
If the judge accepts Dr Vorster's testimony about OP knowing the difference between right and wrong, that doesn't bode well for him when the trial resumes as he'd also know shooting into the door would have meant he also knew there was a high probability he would kill the person behind it.
beach
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She is going to grant Nel's application.
At first I really doubted it, but I researched the law earlier today and thought she doesn't have much choice. The law was not ambiguous. It was pretty clear.
Roux overplayed his hand and this is what it turned in to.
At first I really doubted it, but I researched the law earlier today and thought she doesn't have much choice. The law was not ambiguous. It was pretty clear.
Roux overplayed his hand and this is what it turned in to.
zwiebel
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J: In the present case Dr V's evidence was presented to the court...a reasonable doubt has been raised...
She says this court is 'ill equipped' to deal with the issues she raised. Mentions Dr V only had two interviews and the duration wasn't stated....a proper enquiry will ensure the accused gets a fair trial...
She says this court is 'ill equipped' to deal with the issues she raised. Mentions Dr V only had two interviews and the duration wasn't stated....a proper enquiry will ensure the accused gets a fair trial...
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