[Second interview between Bongani Bingwa and Judge Greenland]
BB: Gerrie Nel was quite clear that what adjustment disorder was found as far as the Weskoppies’ reports are concerned relates to OP’s state of mind after the incident. As far as GAD is concerned, none. There were no signs that said he meets the Standard as required to then say that was an influencing factor on the night in question.
JJ: Absolutely correct. I mean Oscar’s emotional and psychological state after the event doesn’t take his case appreciably further down the road because whether he’s guilty or innocent, whether he killed Reeva in cold blood or not, you’d still expect him, as a normal human being, and having done this out of character, to feel traumatised afterwards.
BB: One of the things we need to understand in all of this – I mean we’ve had a lot of evidence today around disability and how disabled people might react differently versus people, you know, with their full abilities in situations of perceived threat.
Does this in a way almost imply that disability might lead to someone being unreasonable in a situation. I mean it’s a very thin – you’re on thin ice here.
JJ: Bongani,
I think you’ve put your finger on it. We’ve got all this evidence as to how a person who is disabled and challenged will react with a heightened fight/flight reaction, but it presupposes that there is a threat. So if we take the facts in question and we say that the situation was that a window broke after – there was a sound, there was a sound of a window breaking, and after this was confirmed that there was an intruder, then I would say that this evidence is extremely valuable because any person, disabled or not, would then feel threatened.
So the fundamental question here is this point: A bump in the night in the security and sanctity of your own home, does a reasonable person feel threatened? I would say no. And these reports don’t say disabled people are unreasonable. What they say is that when they are threatened, they will have a heightened fight/flight response.
BB:
But it doesn’t for a moment suggest that because one is disabled, you therefore start unreasonably perceiving threats where there are none?
JG:
That’s the way I see it. That’s the way I interpret the evidence. I don’t think these experts are saying that disabled people are unreasonable.
BB:
One of the things that, you know, you legal experts have said over and over here on Channel 199
is this idea that the defence has to only offer a version that is reasonably possibly true. I mean aren’t they doing that with these explanations?
JG: [Laughs] Yes.
Yes and no. We’ve been down this road before. I can explain it like this. If I pull out a pistol now and point it at you and shoot, shoot you dead, I’m guilty of murder if nothing else happens. The State simply needs to prove that. If nothing else happens, I’m guilty of murder. I can’t get out of it unless I prove – I convince the court – a proper, an excuse that is legally supportable. In other words, I have to show that, that killing of you is legally excusable.