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Judge orders Oscar Pistorius to undergo psychiatric tests Judge orders Oscar Pistorius to undergo psychiatric tests
(about 3 hours later)
The judge overseeing the murder trial of Oscar Pistorius has ordered the double-amputee athlete to undergo psychiatric tests, meaning the trial proceedings will be delayed. The trial of Oscar Pistorius for the murder of Reeva Steenkamp suffered another delay as the judge ruled that the athlete must undergo mental health tests in a psychiatric hospital to determine whether he was criminally responsible for the shooting.
On Monday the chief prosecutor, Gerrie Nel, said he had no option but to ask for a psychiatric evaluation after an expert witness for the defence, Dr Merryll Vorster, testified that Pistorius had an anxiety disorder which may have influenced his judgment when he fatally shot his girlfriend, Reeva Steenkamp. Judge Thokozile Masipa said on Wednesday that the court was ill-equipped to decide whether the diagnosis of generalised anxiety disorder raised by a defence witness on Monday affected Pistorius's actions on the night he shot his girlfriend in the bathroom of his home in Pretoria. She said further psychiatric tests were necessary to ensure a fair trial.
On Wednesday the judge, Thokozile Masipa, said the court was "ill-equipped" to assess Vorster's diagnosis and therefore Pistorius should be sent for a period of evaluation. She said it was important to assess the defendant's state of mind because of the possibility raised by the prosecution that Pistorius might argue he was not criminally responsible as a result of his anxiety disorder. Pistorius denies murder and says he fired in fear of his life, after hearing what he thought was an intruder.
"The accused may not have raised the issue that he was not criminally responsible at the time of the incident in so many words, but evidence led on his behalf clearly raised the issue and cannot be ignored," the judge said. The court will reconvene on Tuesday to hear the terms of the mental health evaluation, including whether the state and judge will agree to the defence's request that Pistorius be treated as an outpatient. Masipa indicated she would not oppose this, saying she did not intend for Pistorius to be punished twice. The athlete is currently on bail.
Masipa noted that having Pistorius evaluated as an outpatient would be preferable as the referral for psychiatric analysis was not meant to punish him, and acknowledged that trial proceedings would be delayed for an unspecified amount of time. The defence had opposed the application by the state, pointing out that neither side was arguing that Pistorius was mentally ill when he shot Steenkamp. But its argument was undermined by evidence given by one of its own witnesses, forensic psychiatrist Dr Merryll Vorster, who told the court that Pistorius's generalised anxiety disorder, combined with his physical vulnerability – he had both lower legs amputated as a baby – could have affected his actions.
"This is not about anyone's convenience, but rather about whether justice has been served," Masipa said. Delivering her ruling, Masipa said: "The accused may not have raised the issue that he was not criminally responsible at the time of the incident in so many words, but evidence led on his behalf clearly raised the issue and cannot be ignored.
Nel had previously referred to a period of 30 days for a psychiatric evaluation. Any panel of experts that assessed Pistorius would probably take additional time to compile a report and submit it to the court. The trial started on 3 March. "A referral inevitably means more delays in finalising this matter but this is not about anyone's convenience, but rather about whether justice has been served."
Pistorius says he killed Steenkamp by mistake, thinking there was an intruder in his home. The prosecution says the he killed her after an argument. Typically, a referral of this kind would involve 30 days of observation, followed by a similar period for reports to be compiled. The waiting time for an inpatient place at specialist psychiatric institutions in South Africa is reported to be several months long, but treatment as an outpatient could see Pistorius's evaluation begin much sooner. The trial, which began on 3 March, was originally timetabled to run for three weeks, but this decision means it will now span several months.
The judge's decision to allow the referral surprised the defence – Pistorius had told reporters in court on Monday, after the state prosecutor, Gerrie Nel, made the application, that the move was "a joke".
But speaking outside court on Wednesday, Arnold Pistorius, uncle of the Paralympian, said the family was satisfied with the decision: "As a family, we are comforted by the thoroughness and detail of this judgment and Judge Masipa's commitment, using every avenue, to ensure a fair trial."
Pistorius could be acquitted if the evaluation concludes that he was not criminally responsible for the shooting because of a mental illness. Any psychiatric disorder could also be used in mitigation during sentencing if he is convicted of killing Steenkamp.
Nel has said that the state does not believe Pistorius has a mental illness, but told the judge the court must make the referral to avoid the possibility of the defence raising it in any future appeal.