Trial Discussion Thread #37 - 14.05.12 Day 30

[lithgow1]

Can anyone help with how to include links in a post.....now that we are on a break? I've read the FAQ's and still can't work it out? I see the insert link button......Do I use this? It seems to bring the address twice when I copy/paste?

Many TIA..

I just copy and paste the URL from the open page I want to link to and it always works OK

 

[Gryffindor]

So Nel wants Oscar assessed for being a nutter/loony? If granted, does that occur for however long, then trial resumes? I'm so lost. Apologies.

 

[DebinGA]

This psych witness got her info straight from OP. He told her he felt unsafe in SA, but alleviated his anxiety by having friends often stay overnight at his house. And none of them ever got up in the night and made an audible "noise"?

 

[BritsKate]

So folks what do you reckon? From my reading I think Nel must be trying to dispose of all these 'excuses' if you like for OP's actions that night. Either he is not fit to stand trial, or he is so let's drop this carp and move on to less subjective evidence.

That's my take too. The burden for an involuntary defence is terrifyingly high which is why it's so rarely used. I certainly wouldn't want to be on the defence team right now.

I have to say I blamed Oscar solely when he said he never intended to shoot anyone. Now I have to wonder if this isn't defence strategy after all.

 

[Trooper]

I wouldn't be surprised if Nel isn't putting the frighteners on Oscar right there in court to provoke an anxiety attack... a Section 77 doesn't mean one lounges around on a pychiatrists comfy couch, it means he goes to a criminal forensic ward, under guard , his bail is revoked immediately, he gets a court appointed Dr. ooo..

 

[Freya1977]

So Nel wants Oscar assessed for being a nutter/loony? If granted, does that occur for however long, then trial resumes? I'm so lost. Apologies.

Probably not the greatest terminology you used there. I suffer a mental illness myself and don't really like to be thought of as a "nutter/loony"

 

[Gbtaketwo]

Here's a :thewave: from us all.

Off subject but I wish we could send Nel one of those waves .
I know it is a very serious subject and don't take it lightly but Nel and his team are so good at times I laugh out loud.
If OP has to undergo tests presumably the court would have to be adjourned until there is a report done ?

 

[DebinGA]

Can't really believe DT didn't see this one coming. They want to claim diminished responsibility? Then he shouldn't be walking the streets if his condition means he may become "hypervigilant" again and shoot someone else! Good lord.

Yes, especially as there's no cure for his leglessness, supposedly the primary cause of OP's anxiety.

 

[AlwaysShocked]

So the judge has the ability to adjourn the trial for now and send OP to a mental facility for a 30 day evaluation - and then what? Once he is found to have GAD and Clinical Depression, but neither interfere with his ability to distinguish right from wrong, does the trial then resume?

Roux has to have known that by bringing this stuff in with this witness, this would come up. So I do not think Roux blundered into this.

 

[sleuth-d-]

yes, she has inferred that his physical attributes of sweating and retching ipso facto means the emotion is genuine.. .

Nel wont have that, I don't think.

at least three references to nausea in his book.

travelling nausea, pre-race nerves/nausea, nausea at his athletics-related court hearing in 2008. so it does look like something he gets genuinely.

 

[Gryffindor]

Good catch, Gryff.

Thank you, hee ;-) As soon as she stated Oscar had had no contact with his dad/ their relationship had disintegrated, it was the 1st thing that spring to mind . . .

 

[Trooper]

the oddest scenario this Voster produced was that while in Italy he doesn't suffer from this anxiety!!. apparently , according to Oscar and Voster, there is no crime in Italy, no anxiety provoking environment. Its as if, one gets on a plane at Tambo Int airport, J'burg, lands at Da Vinci airport in Rome and all anxiety disappears!!..

 

[BritsKate]

So Nel wants Oscar assessed for being a nutter/loony? If granted, does that occur for however long, then trial resumes? I'm so lost. Apologies.

I don't think Nel actually wants Oscar sectioned but rather wants to put to bed any inference to diminished responsibility. Ethically, Nel is required to at least investigate whether Oscar must now be evaluated for competency because it's been implied to a degree that his competency may be questionable.

The length of a hospital stay would very likely be totally dependent on what the psychs determine. There will be an initial period of observation and tests to determine competency. At least a week but that is absolutely just a guess. Involuntary defence defendants are often in hospital for months/years leading up to a trial because they aren't competent initially and require treatment to become so.

 

[DebinGA]

at least three references to nausea in his book.

travelling nausea, pre-race nerves/nausea, nausea at his athletics-related court hearing in 2008. so it does look like something he gets genuinely.

Sounds like OP's nausea is nerves related, not remorse related.

 

[Trooper]

that his anxiety is SPECIFIC to South Africa!!... that's such a bucketful of bulls**t that even my dog has the snuffles over it.

 

[sleuth-d-]

So the judge has the ability to adjourn the trial for now and send OP to a mental facility for a 30 day evaluation - and then what? Once he is found to have GAD and Clinical Depression, but neither interfere with his ability to distinguish right from wrong, does the trial then resume?

Roux has to have known that by bringing this stuff in with this witness, this would come up. So I do not think Roux blundered into this.

agreed. not been mentioned in over 2 months of trial time. now with one day of the defence to go up it pops. looks like a literal 'last line of defence'. moo.

i wonder when her report was handed to roux?

 

[Fuskier]

Psychologist on WhoopWhoop saying the OP might have a psychotic break if he is incarcerated.

... and here we go!

 

[04009margaret]

This is what Nel is looking at re section 77.

 

[lithgow1]

the oddest scenario this Voster produced was that while in Italy he doesn't suffer from this anxiety!!. apparently , according to Oscar and Voster, there is no crime in Italy, no anxiety provoking environment. Its as if, one gets on a plane at Tambo Int airport, J'burg, lands at Da Vinci airport in Rome and all anxiety disappears!!..

Does he go to Perugia?

 

[kaos]

the oddest scenario this Voster produced was that while in Italy he doesn't suffer from this anxiety!!. apparently , according to Oscar and Voster, there is no crime in Italy, no anxiety provoking environment. Its as if, one gets on a plane at Tambo Int airport, J'burg, lands at Da Vinci airport in Rome and all anxiety disappears!!..

Maybe the house he uses there belongs to a Mafioso