THE possibility that Oscar Pistorius could undergo his court-ordered psychiatric evaluation as an outpatient is against the norm, according to a criminal law expert.
Pretoria High Court judge Thokozile Masipa yesterday ruled that, following the testimony of defence witness Merryll Vorster, Pistorius had to be evaluated. Vorster, a forensic psychiatrist, diagnosed Pistorius with a “continuously worsening” generalised anxiety disorder (GAD).
Wits University law professor James Grant said he had never heard of an outpatient referral in terms of the Criminal Procedure Act. “It is odd and will be different from what most people experience. The court will have to be very careful to avoid allegations of special treatment.
“Part of the point of a referral is that you are under constant observation, psychiatric nurses and social workers to observe you. It can’t be as thorough on an outpatient basis.”
After both the defence and prosecution indicated they would investigate the possibility of Pistorius being evaluated as an outpatient, Masipa said this was preferable as “the aim was not to punish the accused twice”.
Grant said accused referred for psychiatric observation often waited months for available space to be evaluated.
On Tuesday Masipa will make an order specifying the details of the evaluation. Pistorius is on trial for the murder of his girlfriend Reeva Steenkamp who he shot dead at his home, allegedly mistaking her for an intruder.
The state believes the killing followed an argument. After proceedings yesterday, Steenkamp’s mother, June, said: “Please understand I cannot comment.”
Pistorius’ uncle, Arnold, said the family was comforted by the thoroughness of the ruling.
“Judge Masipa used every avenue to ensure a fair trial. This reaffirms our confidence in the justice system,” he said.
During her testimony, Vorster said that if Pistorius suffered from diminished responsibility when he shot Steenkamp, according to the Act he has to be sent for psychiatric observation. She said Pistorius was aware of the difference between right and wrong, but his disorder could have influenced his actions.
Grant said that if Pistorius is convicted and found to have had diminished responsibility, this could play a role in sentencing.
Gauteng health spokesman Simon Zwane said there was no difference between out- or inpatient assessment. He said doctors would determine the number and length of consultations.
Oscar Trial: A month of mental tests for Pistorius
Pretoria High Court judge Thokozile Masipa yesterday ruled that, following the testimony of defence witness Merryll Vorster, Pistorius had to be evaluated. Vorster, a forensic psychiatrist, diagnosed Pistorius with a “continuously worsening” generalised anxiety disorder (GAD).
Wits University law professor James Grant said he had never heard of an outpatient referral in terms of the Criminal Procedure Act. “It is odd and will be different from what most people experience. The court will have to be very careful to avoid allegations of special treatment.
“Part of the point of a referral is that you are under constant observation, psychiatric nurses and social workers to observe you. It can’t be as thorough on an outpatient basis.”
After both the defence and prosecution indicated they would investigate the possibility of Pistorius being evaluated as an outpatient, Masipa said this was preferable as “the aim was not to punish the accused twice”.
Grant said accused referred for psychiatric observation often waited months for available space to be evaluated.
On Tuesday Masipa will make an order specifying the details of the evaluation. Pistorius is on trial for the murder of his girlfriend Reeva Steenkamp who he shot dead at his home, allegedly mistaking her for an intruder.
The state believes the killing followed an argument. After proceedings yesterday, Steenkamp’s mother, June, said: “Please understand I cannot comment.”
Pistorius’ uncle, Arnold, said the family was comforted by the thoroughness of the ruling.
“Judge Masipa used every avenue to ensure a fair trial. This reaffirms our confidence in the justice system,” he said.
During her testimony, Vorster said that if Pistorius suffered from diminished responsibility when he shot Steenkamp, according to the Act he has to be sent for psychiatric observation. She said Pistorius was aware of the difference between right and wrong, but his disorder could have influenced his actions.
Grant said that if Pistorius is convicted and found to have had diminished responsibility, this could play a role in sentencing.
Gauteng health spokesman Simon Zwane said there was no difference between out- or inpatient assessment. He said doctors would determine the number and length of consultations.
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