Saturday, 17 May 2014

Oscar Pistorius sent for mental evaluation: what will it mean?

Oscar Pistorius's mental evaluation could affect the rest of his trial and conviction according to legal experts
South African Paralympic sprinter Oscar Pistorius sits in the accused dock during his murder trial at North Gauteng High Court in Pretoria Photo
: AFP
Oscar Pistorius has been ordered to undergo a 30-day assessment of his mental health at a state-run psychiatric hospital.

According to Professor Stephen Tucson, a criminal barrister based at Wits University in Johannesburg, the outcome of the evaluation could have major implications for the outcome of his trial.

“I think the judge had no alternative but to make the referral order. The law is clear – if there’s any doubt it must be cleared up. Gerrie Nel was correct to say it could be grounds for a later appeal if it was not put to bed now.

“It’s not that common for an accused to be referred for psychiatric evaluation – I’ve done only two or three such cases in my career of this nature. It is very rare for it to happen halfway through a trial like this, but it’s not improper – it can happen at any time if the issue is raised, even just before sentencing.

“There are pros and cons for both sides. For the prosecution, it’s a chance to get an objective inquiry into his state of mind and it could be that it’s found there was no issue.


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