The Reality Check

Huge day as Judge Masipa grants the State's application to have OP referred for independent mental evaluation!

She goes through both arguments and says she's pursuaded that not referring him for evaluation could be grounds for appeal. She describes as 'strange' the defence opposition to this application given they've raised the psychiatric issue. The judge emphasises that referral is to ensure OP gets a fair trial.

Recall that two days ago OP was reported as saying to BBC journalist, Andrew Harding, the State application for his referral 'is a joke'. He looks stunned and definitely not laughing now. It seems defence shenanigans went just a step too far and they've tripped themselves up in the process. So why does defence not want the referral? It's being done by an independent panel of doctors in a process they do not control. They may come back saying there's nothing wrong with OP, thereby destroying his putative self defence theory. Worse still they may find other conditions such as the narcissistic personality State has alluded to.

Tune in on Tuesday next week when Judge Masipa makes the order which will cover administrative issues as well. Nel and Roux indicate they'll be meeting to draft the order and there's suggestion OP may be an outpatient. Roux also requests that one of panellists be a psychologist.

And so we're due a long break during which the mental evaluation will take place. Whatever the outcome, this is a good decision for justice – it provides much needed independent insight without theatrics and a sharp reminder that the court is not as easy to manipulate as it may sometimes seem.