Trial Discussion Thread #43 - 14.06.30 Day 33

[JudgeJudi]

Nel: The accused walk back to the room on his stumps, searched the room. There were fans on the floor and he missed them all, on his stumps. With the firearm in front of him, he walked back to the bathroom. He walked to the bathroom, on the grout and tried to rip open the door. He ran back to the room, opened the curtains on his stumps. It's possible?
Dr: Yes.

 

[jay-jay]

Yes! .. Nel is trying to nail 'premeditated' by getting the expert to confirm that it would've been a conscious decision to lean on the wall in order not to fall over from recoil from the shots.

 

[Emz73]

Nel proving that OP consciously decided to lean against the wall to fire the shoots. Meaning it didnt just happen without thought. Intent???

 

[zwiebel]

Judge: I think Mr Roux is quite correct...

She says Nel shld make it clear about if OP said he was using one hand or two

 

[jay-jay]

Nel: The accused walk back to the room on his stumps, searched the room. There were fans on the floor and he missed them all, on his stumps. With the firearm in front of him, he walked back to the bathroom. He walked to the bathroom, on the grout and tried to tip open the door. He ran back to the room, opened the curtains on his stumps. It's possible?
Dr: Yes.

The witness is just saying 'yes' to any old thing, isn't he :facepalm:

 

[jay-jay]

Nel proving that OP consciously decided to lean against the wall to fire the shoots. Meaning it didnt just happen without thought. Intent???

.. Yep!

 

[JudgeJudi]

Roux is objecting often. He must be under a LOT of pressure today.

 

[zwiebel]

N: (quotes OP) I got to the bedroom, took the small fan and put it in the room...I took the larger fan by the tripd and put it in the bedroom.

Nel adds that OP moved fan 3 m

And doctor quibbles in his reply about the fan could have acted 'as a balancing aid' and OP could have moved it a little at a time.

 

[JudgeJudi]

Nel is taking the Dr through all the movements with the fan.
Dr says carrying the fan could be a "tripod" aid.

 

[jay-jay]

Nel now challenging the witness saying that, going by his 'expert' assessment, there is no way that OP would've been able to carry the fan right from the door by the balcony round to the front of the bed.

 

[PrimeSuspect]

All this is doing is convincing me he had his legs on all the time.

agree

 

[Suthrnqt]

The witness is just saying 'yes' to any old thing, isn't he :facepalm:

Pretty much.

 

[zwiebel]

Nel recounting how OP said he ran frm bthroom, went onto balcony, grabbed fans. Am I right?

Dr: I don't know if you're right. But it is possible.

 

[christee]

I think Oscar's doodling again.


ETA: He may currently be experiencing a hand cramp...doodling has stopped.

 

[K.T]

Nel: Would it be possible instead of firing shots, would it be possible to run away?
Dr V. Yes, but not run as you or I run. He's battling to walk. For him to turn around is quite a process.

Ahhh, the well known tagline of Pistorius defense, using the term 'battling/battles'...shows the witnesses have been briefed and retained terminology of a public relations defense coach.

Uncle Arnold used it a few times in his interviews, about how Pistorius and his family are 'battling' over Steenkamp's death.

I think I heard it once in an interview of one of Pistorius' coachs/friends about how Pistorius' emotional state pretrial.

Pistorius also used the term to describe how he 'battled' getting Steenkamp's body out of the toilet and therefore needed to call close-bud housing manager Johan Stander. NB: It probably would not have been such a 'battle' if he'd just yelled to housekeeper Frank, to pop up and get the tape and plastic bags he needed.

(Plus, Johan Stander also was the close friend/housing manager the press first interviewed defending Pistorius honour and innocence when guest Memmory accused Pistorius of aggression when he hurt her with a door - a habitual defender)

 

[sorrell skye]

Well, I learned something new tonight - a tripod fan can be used as a walking aid, according to this doctor! :facepalm: I must get one for my partner's elderly father & tell him to toss his cane.

 

[G.bng]

Nel proving that OP consciously decided to lean against the wall to fire the shoots. Meaning it didnt just happen without thought. Intent???

Sorry, but there really cannot be any "intent" proved by OP leaning against a wall to fire shots or do anything else, say scratch his nose, since for a double amputee leaning against things, holding on to things, twisting or turning legs, leaning to one side, etc. for to be better mobile and be in a more comfortable position, especially if the pads are not in their place, for someone who can't balance properly is second nature, more especially for someone who since 11 months knows nothing else.

 

[zwiebel]

N: Do you feel as treating physician of accused, you are objective?

Dr says he feels his evidence has been objective and says Nel's 'blanket' line of questioning is unacceptable.

 

[jimmy73]

Oops. That wasn't helpful for Oscar.

 

[zwiebel]

N: It's possible for him to do all that in the dark?

Dr:....it depends what kind of dark...

Dr gives an answer that Nel says helps the state, and Roux is up objecting