V: Not my evidence my lady, because he has the fight response but one has the added ability that one has to fight and not run away.
Nel: One goes further, he was on his stumps, armed himself and walked five meters turned right another 2 meters on his stumps, whereas him and Reeva could have escaped without approaching danger.
V: Some people do that, he could not have run away. He is not mobile on his stumps.
Nel: He could have, but what you just said. Some one with GAD and a gun in his hand is a danger.
Nel: One interesting aspect that I picked up, is in the way they described GAD mentioned in page 223.
Nel: They also experience sweating , nausea. So that one shouldn't really relate to him feeling remorse.
V: Certainly one would expert in this degree. What I saw was real remorse.
Nel: You included aspect of sentence and merit in that respect.
V: He is suffering from depression.
Nel: As far as the incident is concerned, the court can't take that into account?
V: No, he is currently depressed and is being treated. He often said he felt guilty about RS death.
Nel: Have you had access to the docket?
Nel: What did you have access to in terms of the version of what happened?
Nel: You relied on what he gave you?
Nel: You weren't able to refer the accused for any other tests?
V: No, I had available to me another, I didn't have any other direct report that I had received.
Nel: During your interviews with him, did the case form any type of discussion on what might happen to him.
Nel: So, the accused feels guilty that he caused RS death and is remorseful about it. It wanted to shoot an intruder?
V: That is what he told me.
Nel: He had deep remorse because he shot RS and not an intruder.
Nel: My lady it is now time that I bring the application to order. I might call the doctor again.
Roux: My lady, you can't just limit questions and answers and then bring about an application. I would not want to argue infront of Dr. Vorster.
Judge: Do you want us to excuse the witness?
Judge: You are excused for now, you may have to come back.
Roux: She said in reference to the actual finding. Facts like that, then of course we come to a disorder coupled to the second leg.
Roux: If however the facts are different then it has nothing to do with the second part. If the facts are very different and they show that this order is with in the second leg.
Roux: When you are very small or a woman you take it into consideration.
Roux: We ask the court to bring what the witness has said into consideration. Not half way through her facts.
Nel: My lady this is a strange application, Mr. Roux calls a witness and I am busy cross-examinating the witness and the defense changes.
Nel: Page 9 of her report about the GAD, the question is not the facts. It is, is there a mental illness that may have impacted his ability to react differently.
Nel: If Mr. Roux re-examines for 3 hours, she has answered already. He is saying he wants to do it now.
Nel: I have not finalised with the witness, I would like to finalise it after the application.
Judge: But you have not finished.
nel: No, my lady. Perhaps I must finish and then bring the application.
Roux: My lady, he must finish and then I can re-examine and then he can decide about the application.
Roux: Mr. Nel refers to page 9. The witness is simply taking the court must take the report into consideration.
Roux: Those are not the facts, it is for the court to decide on the facts. The whole report makes no evidence of the second leg of the section.
Roux: We can't go half way, half way. Let us finish the examination. Go through all the facts.
Judge: Mr. Nel is there a problem with finishing?
Nel: I would want to know if the court would want to refer op for observation. If the court wants to, then I am finished, if not then I am not finished with the witness.
Judge: That is what I am trying to find out.
Nel: We have argued up and down. I will indicate that I am done and Mr. Roux can re-examine. I will refer to the Dr. behind me.
Nel: I need more time with this. May I ask if the court will adjourn for 10 minutes, I will then let the court know if I have more questions or if I need more time.
Nel: My lady and assessors I accept that I will have to finalise my cross-examination, so that Mr. Roux can re-examine the witness. I request that we adjourn until tomorrow.
Judge: We will resume tomorrow at 9:30am.