The Panicking

We resume with continuing cross examination of Doctor Vorster by Nel who gets her to confirm that while her diagnosis of Generalised Anxiety Disorder is not a 'mental illness' it's relevant consideration for Oscar's ability to act in accordance with his understanding of right or wrong. Roux is in panick mode and tries to re-direct the doctor away from any hint that there might be any need to refer OP for mental examination.

Nel formally applies to the court for OP to be referred for mental evaluation. Note that this would mean spending 30 days in a mental health facility. Nel cites case law where the Supreme Court has intervened on appeal and argued an accused should have been referred for mental evaluation. He questions why Dr Vorster was only asked to evaluate OP in May and argues that defence is trying to sneak in a fall-back position in case of conviction. The timing does indeed seem like an attempt by the defence to sneak in grounds for appeal further down the line.

Roux, sounding quite shrill and emotional, argues that court cannot refer OP because defence are not raising mental incapacity as defence. He contemptuously suggests Nel is reading the case law incorrectly and doesn't know what he's talking about. Nel counters this by pointing out that one of the cases cited, that Roux has said he knows nothing about, was in fact his case. He urges the court to err on the side of caution or risk an appeal.

Judge Masipa orders adjournment and says she'll have her ruling tomorrow at 9.30am.

This is a defence that's shown an inclination to do whatever it takes to get their client off. It will be a very brave judge indeed that proceeds purely on the defence's word that they will not later claim diminished responsibility in order to trigger an appeal.

Has the defence been too clever and in the process backed itself into a corner? Judge Masipa's ruling will tell!