S.African judge orders psychiatric tests for Pistorius
AFP
May 15, 2014, 3:37 am
Pretoria (AFP) - A South African judge on Wednesday ordered that Oscar Pistorius undergo psychiatric tests to establish if he has "general anxiety disorder," in what could be a pivotal development in his murder trial.
Judge Thokozile Masipa said a "proper inquiry" was needed to test whether the sprinter had a disorder that meant he was not fully responsible for his actions in shooting his girlfriend Reeva Steenkamp last year.
The prosecution had asked Masipa to have Pistorius committed, after defence psychiatrist Meryll Vorster claimed deep-seated anxiety stemming from the early amputation of Pistorius's legs gave him a heightened fear of crime.
During two months of trial, Pistorius's lawyers have sought to portray him as manically obsessed with safety after a difficult childhood in which his fearful mother abused alcohol and in the face of high crime levels in South Africa.
Those factors, they argue, help explain his reaction on Valentine's Day last year when he allegedly believed his girlfriend to be an intruder and shot her dead through a locked toilet door.
"The accused may not have raised the issue that he was not criminally responsible at the time of the incident in so many words, but evidence led on his behalf clearly raises the issue and cannot be ignored," Masipa said giving her ruling.
"Mental illness or mental defect are morbid disorders... not capable of being diagnosed by a lay court."
Masipa said a detailed ruling will be issued next Tuesday, when the court will reconvene, but indicated she may be amenable to a proposal for Pistorius to be treated as an outpatient.
The tests were not meant as punishment, she said, adding that she was unconcerned by any delay caused as long as it was in the interest of justice.
After Masipa gave her judgement, 27-year-old Pistorius clenched his jaw and pressed his lips together, before going over to consult with his legal team.
- Diminished capacity -
The star sprinter, nicknamed the "Blade Runner" for his j-shaped prosthetic limbs, could face up to 30 days of observation, featuring one-on-one interviews with psychiatrists.
As an outpatient, he would not stay at a hospital and undergo 24-hour observation, but visit for his interviews and tests.
A psychiatric panel will determine if Pistorius has a "certifiable" disorder that is legally accepted as a mental illness, said forensic psychiatrist Sean Kaliski, who is not linked to the case.
"In our law not only must he be cognitively impaired but lack control over himself," said Kaliski, who conducts hundreds of medical evaluations annually at Valkenberg Hospital, a psychiatric hospital outside Cape Town.
The psychiatrists' final report may drastically alter the direction of the trial.
"If he has a diminished capacity or no capacity, the trial cannot proceed or will be taken into account for sentencing," said Martin Hood, a criminal lawyer also not linked to the case.
Should Pistorius be found to have no control, the state will declare him a state patient and send him to a hospital for an indefinite period of time.
"You don't want to go through a trial and convict someone and then find out that they did not have the mental capacity to appreciate their wrongdoing," said Hood.
"If he has full capacity then it eliminates an argument for an appeal."
Along with ruling out the possibility of an appeal, Hood said the medical observation benefits the state in another way.
"This is something that will drive a wedge between Pistorius and his defence team," said Hood, "all of a sudden a curve-ball was thrown that could have resulted in Pistorius being detained in a mental health care facility, it could lead to him distrusting the judgement of his legal team."
Prosecutor Gerrie Nel said he did not believe Pistorius's mental state was unusual, but warned the athlete's defence team may try to use that evidence to limit sentencing, launch an appeal or reset the case.
"My lady, accused persons have in the past replaced their counsel, particularly when things go wrong," said Nel.
After court adjourned, Pistorius's paternal uncle gave a short statement to the media outside the courthouse.
"As a family, we are comforted by the thoroughness and detail of this judgement and Judge Masipa's commitment using every avenue to ensure a fair trial," said Arnold Pistorius, reading from his iPad.
Wearing tinted glasses and a grey suit, said he would not be taking questions and walked to his wife Lois, clad in a black dress and black patent leather pumps.
Hand in hand, the two walked past photographers and camera men along Madiba street away from the courthouse.
