The Gate Of Hell

We're off to a slow start with more of Wolmarans' selective amnesia. The defence has some explaining to do on why all expert reports and tests have only happened during the past month. There's a stench of dishonesty and tailoring.

After the briefest re-direct from Roux defence calls up psychiatrist Dr Meryl Voster who testifies that OP has a sense of heightened vulnerability due to his disability. She diagnoses him with Generalised Anxiety Disorder which makes him want to control his envrionment in order to feel safe. We learn OP has become depressed since killing Reeva and Dr Vorster describes a remorseful man. Roux hands over to Nel for cross examination.

Nel questions why this evidence is coming at this stage and exactly what the psychiatrist wants the court to draw from it? Dr Vorster states it can be used for consideration in conviction and sentencing but that it does not imply OP didn't know right from wrong. So clearly the defence is already playing with mitigation in mind. Are they expecting a conviction?

Then the gates of hell open and Nel plays a master stroke!

He makes it clear he intends to apply for the court to refer OP for mental health evaluation under the Criminal Procedures Act. Roux vehemently opposes this and there is back and forth argument on each side's merit. In trying to use OPs disability in his favour, the defence has inadvertently opened a door to independent mental evaluation and Nel is walking right through it.

So here's why Nel's move is such a master stroke; irrespective of the judge's decision the State still wins. One one hand it's clear Nel believes this is a bogus diagnosis and is calling OPs bluff. If the judge agrees for him to be referred he spends 30 days in a state facility and State gets an independent opinion on his state of mind pre-14 February 2013. Remember the State has been working with its own profilers who specialise in profiling murderers and rapists and must be pretty confident the outcome of any psychological evaluation will work in its favour. Even if the judge rules against referral, the defence will be forced to remove OPs anxiety disorder as a possible defence for his actions and in the process also weakens his putative self defence argument.

Nel provisionally completes cross examination so he can bring court application for OPs referral. Roux argues defence should be allowed to re-direct before application. More back and forth argument and Nel asks for adjournment to prepare for further cross examination and his application.