AS IT HAPPENED: Pistorius trial, day 37

2014-07-03 08:55

Get the latest highlights from the 37th day of Oscar Pistorius's murder trial.

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Last Updated at 10:19
03 Jul 14:59   Court adjourns. Will resume on Monday at 09:30. Watch a full summary of day 37 here:

03 Jul 14:58   WD says he will make himself available on Monday.

03 Jul 14:58   Defence doesn't object to State's request.

03 Jul 14:57   Nel: Dr Carla Kotze.

03 Jul 14:57  

Nel has a request. He's arranged consultation with the state's psychiatrist who was on the Weskoppies panel. He wants to postpone to Monday. So a break on Friday.

KO says it's important for Nel to inform the court which psychiatrist he's talking about. We just want the name of the psychiatrist, says KO.

Nel says he thinks it's Scholtz (will check that spelling).


03 Jul 14:54   He fired at the sound and I'm sure that was to nullify any threat, says WD.

03 Jul 14:54   Nel: "Did he fire at the sound?" Derman: "Yes... He fired at the sound." Nel: "Why?" Derman: "I can't answer that question."

03 Jul 14:53  

Nel: Why are you reading? WD: I'm just looking down.

Nel smiles.


03 Jul 14:52   WD, flustered, says he doesn't know the record as well as Nel would like him to.

03 Jul 14:52   WD: The third sound culminated in the shooting.

03 Jul 14:51   WD says he says "evidently" it was the mag rack because that's what OP told him. Nel wants to know if OP ever gave him a different version. No, says WD.

03 Jul 14:50  

Nel moves onto the third startle. WD says this was "evidently" the sound of the mag rack.

Nel: As an expert, why would you use the word evidently?


03 Jul 14:48   I'm doing the best that I can to recall these issues, says WD.

03 Jul 14:46   Nel:"But you still have the accused evaluating the situation.Taking into account the window was opened etc." Derman: "Correct."

03 Jul 14:44   In answer to question if OP saw someone in the bathroom, WD says he can't answer this.

03 Jul 14:43   WD says his "memory is a little fuzzy" on what the second sound caused OP to do.

03 Jul 14:43   Derman: the closing of the toilet door was the acoustic stimulus for the second startle.

03 Jul 14:41   WD: "I suppose if he came across a danger or intruder he would shoot."

03 Jul 14:39   Nel: He was in fight mode, his intention was to shoot? WD: That's correct to shoot and protect himself.

03 Jul 14:39   Nel describes OP walking to perceived danger while holding his gun and asks if he was in fight mode. WD says yes.

03 Jul 14:38   WD says he's not aware of any research conducted into how long fight or flight mode lasts.

03 Jul 14:36   WD states that the changes in fight and flight response are unknown. He is unaware of it.

03 Jul 14:36   WD: I wasn’t concerned when the running happened, but with the physiology. I did not read in legal, forensic perspective.

03 Jul 14:35  

Nel refers to the record and asks WD if the passage is what he was talking about.


03 Jul 14:32   WD: The running action I witnessed was a very ungainly movement, very short strides of about 30cm

03 Jul 14:32   WD (Derman) holds out his right hand to show how OP demonstrated held out gun with left hand holding wall. He looks uncomfortable.

03 Jul 14:31   Nel asks WD to demonstrate accused's stance. "Are you happy now" he asks. Judge reminds him to address the court.

03 Jul 14:29   Nel reprimands WD for his "sarcastic questions". WD apologises and says he gets the feeling he is on trial.

03 Jul 14:29   WD using his arms to show how OP walked with his right hand up and left behind him.

03 Jul 14:28   WD: I told OP to show the court what he meant by running. It is important that he does so.

03 Jul 14:27   Nel: Tell us what he showed. WD: He showed how he had hand along side structure, one hand out in front of him.

03 Jul 14:27   OP just handed a note to his legal team.

03 Jul 14:27   Nel: There was demonstration of him walking with hands alongside structure? WD: Yes, in response to 'show me how you move'.

03 Jul 14:26   Nel: your words were you let him run down the corridor. WD: The corridor in chambers (his lawyers' chambers) when I asked him how he'd run.

03 Jul 14:24   WD: I’ve seen OP on his stumps and there is no way he can run. I made him run to see what he means.

03 Jul 14:23   Nel wants to know what "running down the corridor" means. WD says he wanted OP to clarify what he mean when he said he ran down the passage/ corridor.

03 Jul 14:23   WD spoke to OP over what he meant by " running". "As far as as I know OP cant run".

03 Jul 14:22  

Judge: "On Monday, let's have it in black and white so we can see who's right."

So yes. We'll be back here on Monday.


03 Jul 14:21   Nel: What was your understanding - did OP run down the passage or from the bedroom.

03 Jul 14:20   KO says defence team all made notes about what Nel had said. Nel: Running is when he fetched his gun...it's not that important, record will hear it out.

03 Jul 14:18   Nel: It's indicated here "I ran to where the passage began, then I walked extremely slowly"...there was no running down passage

03 Jul 14:17   Nel refuses to back down, says he correctly stated what was in the record. "I stand by what I said".

03 Jul 14:17   KO says he objected to saying 'there was no running', the record says he ran to passage, then walked.

03 Jul 14:16   KO wants Nel to respond to the judge to his objection. This relates to whether OP ran down the passage or not.

03 Jul 14:14   Nel continues cross-examining WD. KO interjects - before the adjournment there was an objection. Nel must respond.

03 Jul 14:14   Court resumes.

03 Jul 13:46  

Meanwhile, a singer has released a song about Reeva Steenkamp. The song mentions what Reeva's last words could have been.

In the song he sings: "When did I choose the wrong love?… Take your ring and your good luck…" and the very dark and sad "I got something to tell you… I had a dream that I dreamed that I choked you!"


03 Jul 13:07   Court adjourns for lunch.

03 Jul 13:06   KO now reading from OP's statement on what happened. He says Nel needs to refer to evidence when asking about incident so as to avoid uncertainties.

03 Jul 13:03   Nel: There are two things here - you linked ran evidence to this occasion WD: I am not understanding again.

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