Roux: My lady, you can't take the PTSD and the anxiety and make it the same. The state is elevating the answering to suit themselves.
Roux: I objected against was the statement to say this is what it is. I have no difficulty if Mr. Nel puts the questions to get clarity.
Judge: Do you want to rephrase it.
Nel: I will rephrase it, Dr. Vorster the diagnosis of generalized anxiety disorder, may it have an affect on him to act?
V: No, I think if i may be helpful. OP has an illness, he was able to appreciate the difference between right and wrong. I think it was affected by the anxiety disorder, however it will depend on the facts of the case.
V: That is for the court to decide.
Nel: The way I interpret your answer, GAD may affect the second rule of 78, the ability to act in accordance?
Nel: I am now dealing with the fact, I asked you what the purpose of the report was to indicate to the court what may be relevant for conviction and sentenancing.
Nel: If that is the answer, then that is the end of the ocurt.
Nel: If you said that it may have affected his ability to act. Then the court shall refer.
V: Again it depends on what the court, if he was afraid that there was an intruder, then generally having generalized anxiety disorder, it may have affected how he acted.
Nel: On his version there is no other option. That will be my application my lady based on what the witness said.
Nel: This court will not have a choice but to refer op for observation in terms of section 78 1B and procedure is 72. My lady I have had in the very little time, read all the cases.
Nel: The court shall make it. It goes so far, matter Mobie, the accused pleaded guilty and said he cannot remember what happened.
Nel: The court said by him saying that he was referred due to his mental state.
Nel: The basis of 78 is for the court to satisfy the court of his mental state. Mr. Roux is one hundred percent correct to call Dr. Vorster.
Nel: There must have been some reason why he decided to call this witness. My lady the fact is simple to ensure that the court appreciates the mental status of the accused.
Nel: I am sure my lady that I have now brought us an application, but the court will know that I received the report when the witness walked into the court. I had an hour. to review.
Nel: My reasons as set out now will be the reasons. I will ask that the witness be provisioned, as he cannot be treated here.
Judge: This is just a preview.
Nel: This is just a preview, I am sure it was not done intentally.
Nel: Dr. we will deal with some aspects of your report and we might have to call you make later.
Nel: If someone even in anger kills his partner, but just after that he is capable of general remorse.
Nel: In a fit of rage you kill your partner and then after you have real deep remorse.
Nel: Now the, also interesting is that the way you framed your last sentence. He is certainly remorseful about the events.
V: He is remorseful about killing her.
Nel: Did he say he is sorry that he caused her death?
V: There is a legal difference, he is aware that he fired the shots that caused her death.
Nel: Now, I know from past experience that you have testified before in matters. Let's say he acted automatically, you would look for events leading up to the shooting and afterwards.
V: Yes, there is no question in my mind that there is history that he gave of emotional stress following an argument. His reaction is appropriate.
Nel: The accused told you he heard a noise and armed himself and then approached the noise.
Nel: So he must have for seen the possability that he would have to shot.
Nel: Just by that we know that, so you agree that he for saw the possability that he might have to shot.
Nel: The fact that he suffered from GAD or that he was anxious, did you follow the evidence about him not finding out if Reeva was still in bed?
V: My lady, I did not follow the court proceedings, but those situations would have to be put to me.
Nel: I think you put it best, more likely to respond to a fight response then a flight response.
V: That relates to his nature.
Nel: That made me realise that if we have a person suffering from GAD with a personality with a fight response then a flight response. That is a danger.