Monday 13 June 2016

Oscar Pistorius Should Be In Hospital, Not Prison, Psychologist Says

Oscar Pistorius is a "broken" man whose mental state has deteriorated over the past two years and he should be hospitalized and not jailed, a clinical psychologist testified for his defense Monday on the opening day of the former track star's sentencing hearing for murdering girlfriend Reeva Steenkamp.


Prosecutors immediately challenged that opinion of Pistorius in their cross-examination, charging that the double-amputee Olympic athlete confronted a police witness at the courthouse on an earlier occasion.

Called by Pistorius' defense lawyers, clinical psychologist Jonathan Scholtz said Pistorius was "quite ill" and struggled with depression and post-traumatic stress disorder. Scholtz evaluated Pistorius in 2014, during his murder trial, and again in May this year.

"Mr. Pistorius' condition has worsened since 2014," Scholtz testified. He said Pistorius was now "despondent and lethargic, disinvested, and leaves his future in the hands of God."

The clinical psychologist said he did not think Pistorius would be able to testify at the sentencing hearings because of his psychological problems.

Chief prosecutor Gerrie Nel pounced on that at the start of his cross-examination, pointing out that Pistorius had recently given a TV interview, yet Scholtz claimed to be unable to testify in court.

Pistorius' lawyers are arguing for some leniency from a judge when she decides his sentence. South Africa has a minimum sentence of 15 years in prison for murder, although a judge can reduce that in some circumstances.

Pistorius was initially sentenced to five years in prison -- and served one year before being moved to house arrest -- after being found guilty in 2014 of manslaughter for Steenkamp's 2013 killing. That ruling was overturned last year by South Africa's Supreme Court, which convicted Pistorius of murder.

Judge Thokozile Masipa, who initially acquitted Pistorius of murder at his trial, is presiding over the sentencing hearings and will decide his new sentence.

Prosecutors had depicted Pistorius, one of the world's most celebrated athletes at his height, as an arrogant figure with a sense of entitlement and a love of guns. On Monday, Nel subjected Scholtz to sharp questioning, getting him to acknowledge that someone suffering from the same stress disorder as Pistorius could become irritated and agitated.

Nel referred to an incident involving Pistorius and a police witness, apparently trying to show that Pistorius was not a changed, remorseful man and could still be a danger to others.

The prosecutor quoted Pistorius as saying to the police officer: "Please give us space and privacy. You didn't do your job in any case."

Nel said the defense team apologized for the spat; Pistorius' defense lawyer did not immediately comment on the allegation.

Dressed in a dark suit, Pistorius sat calmly on a bench during the testimony, mostly with his head down. During an adjournment before Nel began his cross-examination of Scholtz, Pistorius spoke briefly to defense lawyer Barry Roux and made a call on a cellphone.

The gallery was packed with relatives, journalists and other onlookers. Police officers lined the wood-paneled walls of the courtroom.

Barry and June Steenkamp, the parents of the model Pistorius killed by shooting multiple times through a toilet door in the pre-dawn hours of Valentine's Day 2013, were also present in court.

In his testimony, the psychologist described Pistorius as despondent and forgetful and said further imprisonment for the convicted murderer would not be "psychologically or socially constructive."

Instead, Scholtz recommended that Pistorius be treated in a hospital and then use his skills and past experience in charity to give back to society by helping disadvantaged and disabled people, particularly youths. He noted that Pistorius had sold his firearms, became jumpy even at the sound of gunfire on television and was unlikely to resort to violence again.

He said Pistorius was subjected to several "traumatic and humiliating experiences" during the year he spent in prison, including being forced to shower while sitting on the concrete floor because of his disability. Pistorius spent 18 hours a day in solitary confinement while in prison, Scholtz said, and was treated "like an animal in a cage."

Nel challenged Scholtz on some of those claims surrounding Pistorius' imprisonment. For example, Scholtz said Pistorius told him that he had heard an inmate being raped by another and then seen the body of the victim after he had hanged himself. Nel disputed the assertion.

The prosecutor also said Pistorius was not confined to his cell for 18 hours a day but rather was allowed to walk around a wing of the prison he shared with only one other inmate.

"He complained about everything," Nel said of Pistorius' time in prison.  
By Associated Press

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