Trial Discussion Thread #37 - 14.05.12 Day 30

[Trooper]

Roux up.. may mr Nel, read the subsection 2. #7.. he reads out the act. it pertains to diminishment, versus incapacity and a combination of the two. .Roux is objecting to this.. on what grounds I cant figure out. Roux says, it isn't the same as PTSD. not at all. PTSD doesn't go to these sections at all.

 

[zwiebel]

Both lawyers arguing over post traumatic stress disorder now. Not because OP has it, I think, but because it relates to anx disorder.

 

[ColonelMustard]

Roux is apoplectic.

 

[JudgeJudi]

This is obviously very important for counsel to be at it like this.

 

[Freya1977]

I'd love to know what was on that note OP just passed to Oldwage!

 

[james83]

This is a new low for the defence, pure desperation.

 

[sleuth-d-]

talking of uncle and oldwage, i wouldn't be surprised if uncle is pulling the strings.

anyone know what has happened to oldwage?

 

[JudgeJudi]

She thinks OP has a psychiatric illness.

 

[Freya1977]

talking of uncle and oldwage, i wouldn't be surprised if uncle is pulling the strings.

anyone know what has happened to oldwage?

He's back in now

 

[BritsKate]

None of his witnesses do him any favours at all. Next we'll be hearing he's criminally insane???

Right, well that's an involuntary defence, alright. I think the defence realises they're struggling to prove putative so their backup is becoming involuntary. I dunno...I've never seen anything like this. To my mind, one defence negates the other.

 

[04009margaret]

Yes, where is her DSM5 test & results

 

[zwiebel]

N:...I know Mr Toux says please don't take it seriously, but it has been placed before the court....she made finding under mental defect....

Judge: ...if that is the evidence, you have every right to put it to the witness....it's a mental illness or mental defect? Is that what the witness has said?

N: It was said it was a psychiatric disorder....that's a mental illness...

Judge: Not quite sure I follow. Where do you get that from?

N: May I ask where I get it from, Milady?

Laughter.

 

[zwiebel]

Oh, Nel is so funny when he gets caught out!

 

[Suthrnqt]

Me too. And he would appear to be on the very low spectrum of GAD. I tend to be a recluse, HATE public places, can't stand traffic, and strangers give me the willies too. Yet, he appears to live a very public life (lights, camera, action). I guess one could live with GAD under those circumstances, but not me! Just the thought puts me in a tail spin.

MOO

Mel

I suffer in the same way, Mel. I don't do the shopping anymore because I will have a full blown panic attack. Crowds, new situations, strangers, leaving my home, etc. are all on my no-no list.
Thanks for sharing because I know too well the stigma that is attached.
jmo

 

[zwiebel]

Judge to Nel; It doesn't even ring a bell.

He almost had the judge onside at one stage but is now losing her as he doesn't know where he got his own argument from.

 

[sleuth-d-]

He's back in now

thanks. yes, but has he been removed to the back benches?

 

[zwiebel]

R:....when a person is VERY NERVOUS you can ake that into account, but that's all.

Roux insists it's not an 'incapacitating' condition.

 

[Freya1977]

thanks. yes, but has he been removed to the back benches?

That's the first time I've noticed him back there, I'm not sure...

 

[Gbtaketwo]

Right, well that's an involuntary defence, alright. I think the defence realises they're struggling to prove putative so their backup is becoming involuntary. I dunno...I've never seen anything like this. To my mind, one defence negates the other.

This is the first trial I have ever followed and am shocked by what I am seeing.
This seems to me to be a reaction to the terrible defence case that has been presented so far,particularly as she only came on board 5 days ago .
One way or another his mental state at the time of the crime does have to be established if he is going to use it for his last line of defence

 

[zwiebel]

N asks doc if the disorder could have had an incapacitating effect.

Dr V answers very slowly and hedges. I am not sure what her answer was, except entirely non-commital?