11.47 Detailed discussion of the factors which affect how we hear and interpret sounds is now under way.
"The act of listening is an intellectual event" says Lin.
11.42 It appears he has been summoned to help explain the contradicting accounts from neightbours of hearing male and female screams at the time of the shooting, and the question of whether one could have been mistaken for another.
He will also not appear on screen during his testimony.
11.39 After further "housekeeping" queries, Barry Roux moves on to his next witness, Ivan Lin, and acoustic expert.
Lin confirms he works for Pro-Acoustic, an "acoustic engineering" firm, as Principal Engineer. He originally qualified as an electrical engineer, and now studies acoustics and how people perceive sounds. Read his full company profile here.
11.32 Pistorius's lawyer asks for a police investigation and an affidavit from the police person who was in charge of securing Pistorius's house, following the loss of an electrical cord wanted by the defence as a piece of evidence.
Judge Masipa is extremely angry now, and agrees that this is "a fair request."
Nel says there were "lots of things in the house". Masipa fires back: "But this one happens to be relevant".
The controversy over the cord stems back to prosecutor Gerrie Nel accusing Pistorius of lying during his cross-examination about where the fan was placed. Pistorius said he woke up in the night to move the fans, at which point he heard what he took to be an intruder in the bathroom. Nel said the fan could not reach the position in which Pistorius claimed it was located - hence the importance of the cord.
http://ift.tt/1lrDWWk
11.27 Could there be more the cord as a piece of evidence than first apparent?
"The police did not make an inventory of everything they left in the house", protests Nel.
""I'm not happy but at the same time I don't know how I can order the state to produce something that is lost," says the judge.
11.20 Before we move on to the next witness, Roux has some questions about a number of pieces of evidence, including an electrical extension cord in Pistorius's bedroom which he has asked for access to.
A letter was sent to the police asking for the cord, but the police responded that they were not in possession of it.
Pistorius was cross-examined about the cord by prosecutor Gerrie Nel - specifically whether it could be extended or not - after it appeared in police photographs.
Roux is keen to emphasise the shortcomings of the the state investigation and the detective work which took place in the house immediately after the shooting. It would not look good for the state if evidence that appeared in police photographs has gone missing.
Nel says the cord is "not on the list of seized items", so Roux's request cannot be complied with. Judge Masipa does not appear to be impressed:
11.05 The final questions from Pistorius's lawyer Barry Roux prompt witness Dr Versfeld to repeat that Pistorius would have been able to run to his bedroom, albeit in short "cumbersome" steps, as the defence has claimed.
He also adds that the adrenaline Pistorius would have felt owing to his state of panic would have overcome the pain he usually experiences when walking or running on his stumps.
With that, the witness is dismissed by the defence and we have a 5-minute adjournment while the next witness is called.
Oscar Pistorius talks to a member of his defence team (PHILL MAGAKOE)
10.56 We are back under way, with prosecutor Nel continuing to ask Dr Versfeld about Pistorius's ability to walk with obstacles in the house.
Nel concludes and Roux is re-examining the witness.
10.45 The delay appears to be with getting the court recorder machine to work.
10.40 We are still waiting for the resumption of the trial from this morning's adjournment.
Pistorius has spent the adjournment reading a document in a blue file, and chatting with his lawyer Barry Roux.
10.08 We are adjourning earlier than planned for a tea break due to a problem with the court's stenographer machine. The trial is expected to resume at 10.30am UK time.
Oscar Pistorius listens to evidence in court (PHILL MAGAKOE)
10.05 Witness Dr Versfeld concedes that Pistorius would have been less likely to fall if the light was on. The prosecutor appears to be suggesting the light was on at the time of the shooting.
Neighbours reported seeing a light on at the time of the shooting, while Pistorius's account is that the only light was from a small LED in his bedroom, and conditions were essentially pitch black.
10.00 Pistorius's lawyer Barry Roux now objects to Nel's description of the lighting conditions as first "pitch dark" and then "limited light".
I try not to be a jack in the box and object all the time, but some of these [Gerrie Nel's questions] are just wrong
"We're not going to finish the way we're carrying on," says Judge Masipa.
09.54 Prosecutor Gerrie Nel asks the witness whether it is "possible" that "everything I have said" - Pistorius firing with both hands before running back to the bedroom, all in the dark, without falling over - could have happened.
A clearly irate witness Dr Versfeld describes such a "blanket question" as "unacceptable".
Nel appears to be attempting to turn Dr Versfeld's account of Pistorius's vulnerability without his prosthetic legs - presumably intended by the defence to generate sympathy for the Paralympian - into evidence that Pistorius's account of running in the dark could not be true, or is "inconsistent".
09.52 The cross-examination has moved on to whether Pistorius would have been able to move the fans in the bedroom, which he claims he had woken up to move when he heard an intruder in the bathroom, on his stumps.
Meanwihle, South Africa's Times is reporting that the gun club where Pistorius practised and from where he ordered guns is subject to a police probe:
It has emerged that the firearm training academy from which Pistorius ordered several guns has become the subject of a firearm licence probe by the police. During the trial, it emerged that Pistorius had ordered, among other things, a semiautomatic rifle, shotguns and a revolver from Hot Shots in Walkerville, south of Johannesburg. He cancelled the order a month after his arrest for murder.
The police visited Hot Shots this month as part of an investigation into the fraudulent issuing of gun licences. Three policemen and Cape Town gang kingpin Ralph Stanfield have been arrested in connection with the case.
Andre Pretorius, president of the Professional Firearm Trainers' Council, through which Hot Shots was accredited, confirmed that the police had interviewed him.
09.49 Prosecutor Gerrie Nel is tearing into witness Dr Versfeld's account of Pistorius's "severly impaired" mobility while on his stumps
09.47 Pistorius's lawyer Barry Roux appears concerned by this line of questioning, objecting to prosecutor Nel's suggestions of scenarios in which Pistorius fired with both hands while on his stumps.
09.40 Nel asks Dr Versfeld why the recoil from firing four shots from a 9mm gun didn't knock Pistorius over if his balance is as poor as the surgeon's report suggests.
Dr Versfeld says it is possible that it "could knock him off his stumps, depending on how he's standing", but that he is no expert on guns.
Reeva Steenkamp pictured with Oscar Pistorius (WALDO SWIEGERS/AFP)
09.35 Prosecutor Gerrie Nel says orthopedic surgeon Dr Versfeld is not qualified to make deductions about Pistorius's vulnerability to danger, only to provide a medical assessment of his condition.
In particular, Nel asks why Versfeld reported that Pistorius's ability to "flee" was impaired despite the fact that, by Pistorius's own account, he ran back to the bedroom without falling on the night of the shooting.
Versfeld says he has never spoken with Pistorius about what happened on the night of the shooting.
Versfeld says his job in consulting with Pistorius was to verify whether the Paralympian's statements about his vulnerability while on his stumps are supported by medical evidence.
09.31 Nel immediately asks why Dr Versfeld only consulted with Pistorius after Pistorius's testimony in court in May.
South African chief state prosecutor Gerrie Nel gestures as he explains a possible scenario into how Oscar Pistorius might have fired on girlfriend Reeva Steenkamp (ANTOINE DE RAS/AP)
09.26 Prosecutor Gerrie Nel is now cross-examining the witness.
09.22 We have resumed once again, with Dr Versfeld concluding that Pistorius has serious difficulty standing, balancing and walking without his stumps.
His ability to turn around or flee or ward off danger is seriously impaired.
09.14 The demonstration has been concluded and the court briefly adjourns once again in order for everyone to reassemble.
09.12 Walking on his stumps causes impanted heel pads to slip, causing Pistorius "severe pain" and likely to make him fall, says Dr Versfeld.
Pistorius has in fact not been asked to balance on his stumps again, but the defence have simply shown his stumps up close to the judge and assessors.
The level of detail of the examination of Oscar Pistorius's exposed sutmps appears to be causing Judge Masipa some problems:
09.09 Unfortunately we are not allowed to show the demonstration on camera. Judge Masipa has joined the defence witness Dr Versfeld and the court assessors at the lavatory door for a close view of the demonstration.
09.04 Pistorius's lawyer Barry Roux has once again asked his client to stand at the lavatory door, still assembled in the counrtroom, on his stumps in order to show his lack of balance.
Oscar Pistorius arrives at court in Pretoria (EPA)
The court briefly adjourns to allow Pistorius time to change out of his prosthetic limbs.
08.55 The report being presented by Dr Versfeld is emphasising Pistorius's vulnerability while on his stumps - i.e. when he is not wearing his prosthetic limbs.
"I balance better in the light", Versfeld reads, quoting the words of Pistorius.
Pistorius has said the lights were all switched off in his home when he shot Reeva Steenkamp, mistaking her for an intruder.
Versfeld also adds that Pistorius baths rather than showers because he slips over so often without his prosthetics, and that he can be knocked over by hids dogs when on his stumps.
08.45 Dr Versfeld, currently giving evidence, first met Pistorius 27 years ago when he was an infant, and has remained close to the Paralympian's family ever since.
He is currently describing conversations with Pistorius in which the athlete described his standing on his stumps is painful and causes problems with his balance.
I struggle to carry something when I'm on my stumps because I struggle to balance, I need my arms to balance.
I fall once or twice a week. I will go to the loo in the night on my stumps but won't go into the house.
The defence say the prosecution are wrong in their claim that Pistorius was on his stumps when he broke down the door with a bat.
Pistorius's lawyer Barry Roux earlier in the trial asked Pistorius to conduct a demonstration of swinging a cricket bat against door to prove he was on his prosthetic legs when he broke it down, rather than on his stumps as the prosecution claimed. .
08.40 To recap briefly, both sides have accepted the key findings of the panel's report, that Oscar Pistorius knew right from wrong at the time of the shooting and did not suffer from any disorder of defect that affected his ability to act accordingly.
Both retain the right to challenge factual statements from the reports and examine its authors in court, once they have had sufficient time to read and consult on its findings in more detail.
08.37 Surprisingly judge Masipa says she was only handed the report this morning and has not even looked at it yet.
With that, we are back under way, with Barry Roux calling his next witness, Dr Gerald Versfeld, the orthopedic surgeon who amputated Pistorius's legs, who does not wish to have his evidence televised.
08.35 Defence Barry Roux is asking for more time to go through the report and consult upon it, but says the findings of the report are not in dispute.
08.33 Prosecutor Gerrie Nel says the psychiatrist report has found that Oscar Pistorius did not have a mental disorder or defect that would have affected his behaviour.
This would suggest we will be able to continue with the trial this morning.
Mr Pistorus did not suffer from a mental illness or defect that would have rendered him criminally not responsible for the offence charged.
[Pistorius was] capable of appreciating the wrongfulness of his act and acting in accordance with his appreciating of the wrongfulness of his act.
If the court will allow us as far as the findings are concerned, I think we both accept the findings of this panel... there may be submissions in this regard later... but for now to enable the court to proceed, it is accepted by the state, the findings...
08.32 We are under way - prosecutor Gerrie Nel is up first, confirming that the panel appointed by the court to assess Pistorius's mental health has provided the necessary reports - one from the three psychiatrists, another from the panel psychologist.
08.28 Ominous signs from the courtroom for the defence team, according to the Telegraph's Aislinn Laing:
However, prosecutor Gerrie Nel seems rather more relaxed - could this be inidicative of the mental evaluation update we are about to hear about?
08.23 Pistorius has taken his seat in the dock, with his family lined up behind him, as we prepare to resume.
While we wait, eNCA has published a touching look at Sheila Pistorius, Oscar Pistorius's mother , based on an interview with close family friend Gillian Silcock
She was just a normal mom who loved her kids, fought for them, fought medical aids, got Oscar prosthesis, grew with him.
One day she was looking out of the kitchen window and Carl was playing around and Aimee was toddling around and Oscar was stomping around in the dog’s bowl.
She shouted out of the window, 'Oscar get out of the dog’s bowl! You’re wetting your feet!' And then she realised that he didn’t feel that, and she just said, 'carry on in the dog’s bowl Oscar.'
08.17 Oscar Pistorius has arrived at the Pretoria courtroom, flanked as usual by a scrum of press photographers
@alexhart7
08.14 The families are now arriving in court ahead of this morning's proceedings:
08.10 The judge and both legal teams have already been handed the report, and will have spent the weekend assessing its contents.
It is currently unclear how much detail of the report will be read out in court this morning.
08.00 The Pretoria courtroom will resume at 08.30am this morning with the psychiatric report being handed in before - assuming no new issues are raised by its authors - the defence will continue its case.
07.30 Professor Stephen Tucson, a South African criminal barrister, explains why the outcome of Oscar Pistorius's mental evaluation expected this morning could have major implications for the outcome of his trial:
The evaluation has two aims, to determine if the accused is fit to stand trial, and at the time he pulled the trigger, what his criminal capacity was.
The psychiatrists will find whether he had the disorder and whether that diminished his capacity for criminal responsibility.
If they find that it did, that’s a highly mitigating feature. It’s not exculpatory, he would not be acquitted but he would not be judged so harshly.
Culpable homicide might come into play because if the judge believes his version, that he did not intend to kill Steenkamp but an intruder, she might allow for his diminished capacity to play a part. Culpable homicide comes with no mandatory sentence so he could escape prison altogether.
07.15 Good morning and welcome to our live coverage of the murder trial of Oscar Pistorius.
The trial is expected to resume with the defence case's remaining witnesses today after a month-long study of the athlete's mental health is understood to have been completed and a report submitted.
Here's Aislinn Laing, our southern Africa correspondent, on what to expect today:
The trial was suspended last month after more than six weeks of evidence when Mr Pistorius was ordered to undergo a 30-day psychiatric evaluation at the Weskoppies psychiatric hospital on the outskirts of Pretoria.
The probe of his mental health was ordered after a psychiatrist called by his defence team said he had a Generalised Anxiety Disorder which might have affected his behaviour on the night of the shooting.
Three psychiatrists and one psychologist have observed the 27-year-old undertake ordinary tasks at Weskoppies over the past month as well as interviewing him and his family and friends about his upbringing and life as a high-level sportsman.
They have submitted a report of their findings to lawyers for the defence and the prosecution, and on Monday it will be presented to the court.
They can either confirm the diagnosis of GAD, diagnose Mr Pistorius with a different or additional condition, or dismiss any illness altogether.
If the panel that evaluated him have disagreed in their findings, they could be called to give evidence. However, it is understood that they are unanimous in their finding, and Mr Pistorius' defence team is planning to resume its case.
Among witnesses expected to be called are another psychologist who examined the athlete, and potentially friends of the couple.
Source: Top Stories - Google News - http://ift.tt/1iMpTQG
0 comments:
Post a Comment