As it happened: Oscar's mental state worse now than before - psychologist

2016-06-13 15:00

Day one of proceedings in the High Court in Pretoria have wrapped in Oscar Pistorius's murder sentencing, with psychologist Professor Jonathan Scholtz claiming Pistorius is suffering from a host of mental disorders.

PICTURE: "He is a broken man." Professor Jonathan Scholtz testifies for the defence on Oscar Pistorius's current mental state. (Themba Hadebe, AP)

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Last Updated at 04:19
13 Jun 15:11

Barry Roux finishes for the day.

Judge Masipa excuses Scholtz, and wraps up for the day.

Sentencing proceedings will resume tomorrow, Tuesday, at 09:30.

13 Jun 15:10

Roux claimed Pistorius had been waiting for Voltaren for three weeks and was denied the medication. He subsequently "banged his hand and note pad" on the table in frustration.

Scholtz backed this up and said it was a result of post-traumatic stress disorder.

The nurse in question, sister Mashabane, has not yet testified.

13 Jun 15:06
Barry Roux explains Oscar Pistorius's aggressive behaviour in prison - he had a fractured hand and they wouldn't give him painkillers, he claims.

13 Jun 15:05

Scholtz says that Oscar's "hand banging" incident on a table during an incident with a nurse while in prison must be measured against a lifelong pattern.

Scholtz says it's as if Oscar can never get angry, as if there is no history of violence.

13 Jun 15:01
Roux wants to leave the Judge with thoughts from the same prison report which indicated a verbal and aggressive incident, but will back up Dr Scholtz's assessment that Pistorius is a "low risk" when it comes to violence.

13 Jun 14:58

Nel concludes his questions to Jonathan Scholtz, accuses him of bias.

Scholtz was "trying to allow the court to see the person being sentenced".

Barry Roux now asks Judge Masipa if he can spend ten minutes questioning Scholtz (court is due to adjourn at 15:00).

13 Jun 14:49

A more subdued Nel accepts her interjection, and says, "My lady, the only thing I want to add on this point is this: Professor, why did you ignore her report that he had shown violence while in prison?"

"My assessment of this man contrasts with how she went about assessing him," Scholtz answers.

"I'm happy with my view (that he was suffering from PTSD), and I don't need to address her report on him being aggressive (because her report was limited in my view)."

Scholtz says he Pistorius gets on with people, everyone around him, and doesn't expect him to become angry around children.

13 Jun 14:46

Scholtz: "I had good reports that contradicted her report."

Nel: "Exactly. You used other reports to suit your bias."

Scholtz: "No but it is my opinion after assessment that he is not a violent man.

Scholtz: "He has this condition (PTSD) and anger comes out. So I'm not saying he was not verbally aggressive at times but he is not a violent person by nature."

Nel: "I disagree with you and eyewitnesses would say he is violent."

Judge Masipa interjects and says, "But at the beginning. It says he struggled to adapt at the beginning."

"The report though doesn't say anything about him being violent in nature."

13 Jun 14:42
Scholtz: "Yes and that is a limited report."

13 Jun 14:42

Scholtz: "Dr Bosch doesn't specify the amount of time she spent with him. She worked on very limited information."

Nel: "But if she hasn't indicated how long she spent with him, how can you say it's limited?"

"She saw him on three occasions, do you know that?"

13 Jun 14:40

"It's not in my nature to single out a colleague," Scholtz says.

"I'm mentioning it now because I'm being forced to, but I actually disagree with her finding."

13 Jun 14:40

"I mentioned her report in my report," Scholtz says.

"I knew you would say that," Nel says. "Why then did you not include her version in your report?"

"You say you compiled a proper report, but you never mentioned this report."

13 Jun 14:39

"It is possible that it happened. But I deem it to be very unscientific."

"I'm sorry, Professor," Nel interjects. "You deem a factual incident that happened to be unscientific?"

"Why would you not consult her on her findings?"

13 Jun 14:37

Nel references the psychiatrist's Dr Bosch's report done on Oscar Pistorius while he was in jail, and wants to know why it wasn't included in Scholtz's report.

Nel reads out an excerpt in which Dr Bosch described Pistorius as verbally violent and aggressive (in reference to an incident with a nurse while in prison).

"Why did you not include that in your report?" Nel asks Scholtz.

13 Jun 14:35

Nel: According to you, Oscar Pistorius is worse. But we haven't heard from his psychiatrist.

Scholtz: Yes, from when I first saw him.

13 Jun 14:35

Scholtz says he told Bosch and his advocate that he thought Oscar should be hospitalized.

Nel: And nobody did anything?

13 Jun 14:34

Scholtz confirms Dr Bosch is Oscar Pistorius's psychiatrist.

He says they spoke over the phone, after he spoke to Oscar, when he was evaluating Oscar's mental condition.

13 Jun 14:33

And we're back.

Court recommences, and Gerrie Nel picks up where left off, putting psychologist Jonathan Scholtz through the wringer.

13 Jun 12:27
Court is adjourned until 14:30.

13 Jun 12:27

Gerrie Nel concludes his cross-examination of psychologist Dr Jonathan Scholtz.

He asks Judge Masipa if court can adjourn until 14:30 so he can question State witnesses.

"You do know this court adjourns at 15:00? Why so long?" She asks.

"The witnesses are not here yet. But I don't think we will need longer than half an hour," Nel replies.

A noticeably annoyed Masipa grants his request.

13 Jun 12:19

"He said he saw the body after it happened."

"That did not happen," Nel concludes.

Nel is adamant Pistorius could not see having been confined to his cell for supposedly 18 hours a day.

Nel moves on and asks him final questions regarding medication in jail, and the warders supposedly showing Oscar in his cell to the warder's friends.

Nel takes issue with Scholtz saying warders bought family to look at Oscar Pistorius. "You know that there are health inspectors in jail?"

Nel claims the people who visited were health inspectors who found illegal medication.

13 Jun 12:18
"You claimed Mr Pistorius saw a man's body after he hanged himself. How did Mr Pistorius see this incident?"

13 Jun 12:16
Nel now asking about the hanging of an inmate that Oscar supposedly "witnessed".

13 Jun 12:16
Scholtz’s understanding was that Oscar was confined most of the time to his 6-square-metre cell.

13 Jun 12:15

Scholtz says Pistorius was assaulted while in prison.

Nel: "But he didn't report it."

Scholtz: "He didn't say he did."

13 Jun 12:14

Scholtz claims someone came into the section and assaulted Oscar. Nel disputes this.

Nel: "I have access to the complaint register - he complained often and about anything."

13 Jun 12:14

Scholtz says Oscar Pistorius also feared of "coming to some harm" while in prison, which resulted in him staying in his cell for most of his time in jail.

Nel:" We will lead evidence that he was not always confined to his cell. Scholtz wrote that he was confined for 18 hours a day.

"Nel his cell was open during the day, he could move in the section he was kept."

13 Jun 12:12

Nel latches on to Scholtz point that Oscar feared his children would search the Internet and find "graphic images of what he did".

"What about Oscar Pistorius telling his children that he is a murderer, is that not worse?"

13 Jun 12:06
Nel now moves on to Scholtz's reports on Pistorius's future.

13 Jun 12:04
Scholtz says Oscar did not try to meet contact with the Steenkamps after he was sentenced.

13 Jun 12:03

Back to psychologist Jonathan Scholtz's cross-examination:

Nel now asks about the monthly R6 500 Oscar has been paying to the Steenkamp family.

13 Jun 12:01

Oscar overheard rape of young man in prison

Earlier in court today, psychologist Jonathan Scholtz mentioned the "traumatic and humiliating" experiences Oscar had while incarcerated.

Scholtz included: "Overhearing the rape of a young man and finding the man had hung himself with the bed cloth the next morning."

13 Jun 12:00

Nel though admits Scholtz testimony can't be accepted yet as a court finding, but shows that Pistorius has now presented "yet another version".

Nel moves on.

13 Jun 11:59

"Did Oscar intentionally shoot behind the door knowing it would kill someone," Nel asks again.

"If you put it that way, yes, he knew," Scholtz replies in references to his sessions with Pistorius.

"That's the first time we've heard that version in court," Nel says.

13 Jun 11:56

"Did he indicate to you that he intended to shoot through the door at this person?" Nel asks.

Roux now objects.

"Nel is trying to argue that this was Dolus directus, not Dolus Eventualis, which is unfair to the witness [because he is not a legal expert]."

Nel replies: "I'm asking the witness about what Oscar told him in his sessions."

13 Jun 11:53

"Did Oscar accept that he armed himself with the intention to shoot somebody in the bathroom?" Nel asks again.

"In my view, I wanted to see if he understood it was murder."

"My understanding is that he didn't know it was Reeva, but he intended to kill someone."

13 Jun 11:52

Nel now asking about Oscar's reaction to his own actions.

"He told me he killed her, and that it was wrong," Scholtz said.

Nel is curious. "So did he say he did it intentionally?"

Scholtz: "No he said he shot her even though he didn't know it was her behind the door. He felt guilty and knew he killed her."

Nel jumps: "That version, has never been told to the court, do you know that?"

"This is another version," implying that Oscar gave another version of the events on the night.

Scholtz: "It's been two years, this impression has been compiled over multiple sessions."

13 Jun 11:47

"He wouldn't shake sister Mashabane hand in court," Nel says.

Scholtz is unaware of the incident.

13 Jun 11:46

Nel says prison reported incidents of Pistorius showing verbal aggression and agitation.

in one incident, he was shaking, and banged a table in conversation with a nurse.

13 Jun 11:45

"Eunice van Wyk saw Oscar while he was in prison," Nel tells Scholtz.

"Do you know who she is?"

Scholtz: "No I don't."

"She is a direct family member and his private doctor.

"Don't you think it's important to know how he was doing in prison?" Nel asks.

Scholtz: "It was important for me to know what medication he was using."

"But you never consulted his private doctor over how he was doing when he was in prison?"

Scholtz: "No."

13 Jun 11:41

Nel asks whether Scholtz had any access to the dosage of medication Pistorius was taking while in prison.

"No," Scholtz replied.

13 Jun 11:39
Nel suggests that Oscar hasn't showed true remorse, but is rather feeling sorry for himself.

13 Jun 11:39

Scholtz says he did not discuss the incident (with the police officer) with Pistorius. He relied on the judgment.

Nel: But you deal with remorse. Discuss that.

13 Jun 11:38

Nel: This court and the appeal court found that the accused was a poor witness.

13 Jun 11:37

Nel now asking about his interview with ITV.

"You call him broken, yet he appeared for a TV interview last week. Isn't that a man in control?"

Nel holding no punches.

13 Jun 11:33

Scholtz: "But with PTSD, their behaviour is informed by their condition."

Nel: "So he is prone to being irritable and aggressive."

Nel is referring to an incident with a police officer since his charge was changed to murder.

13 Jun 11:32

"Post-traumatic stress disorder is a treatable illness, am I right?" Gerrie Nel asks.

"Yes, it is manageable," Scholtz replies.

13 Jun 11:30
Gerrie Nel, for the State, now asking Jonathan Scholtz about the "third Oscar".

13 Jun 11:30
And court reconvenes.

13 Jun 11:09

At that, court adjourns for a brief break.

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