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AS IT HAPPENED: Pistorius trial, Day 38

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(Gianluigi Guercia, AFP, Pool)
(Gianluigi Guercia, AFP, Pool)
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07 Jul 2014

And here endeth the updates.

07 Jul 2014

Court adjourns until 09:30 on Tuesday.

Masipa wants to see counsel in her chambers.

Watch a full summary of day 38 here:

07 Jul 2014

Masipa rules that the defence is not permitted to consult with Kotze.

07 Jul 2014

Judge: Fact that Kotze is here in court cannot give Defence entitlement to consult with her.

07 Jul 2014

Sounds as if Masipa is leaning towards Nel. She doesn't think Kotze is a "normal" witness.

07 Jul 2014

Judge: both parties last week indicated there were no disputes on the content of the reports.

07 Jul 2014

Judge: 3 psychiatrists compiled a report where they agreed on their findings - when we resumed on Monday there was no dispute.

07 Jul 2014

Court resumes.

07 Jul 2014

Will the State re-open its case? How much longer will this trial last?

07 Jul 2014

Court adjourns.

07 Jul 2014

Nel: The defence can not consult with everyone & then decide who they want to use.

07 Jul 2014

Nel: we are not dealing with a normal state witness. The process is a problem.

07 Jul 2014

Masipa: Is there any precedent? Roux: There may be but I'm not aware of any case.

07 Jul 2014

Roux: we have come to the end of our case, we’re not calling Dr Fine, but we might call another witness.

07 Jul 2014

Nel indicates that he may apply to reopen state case to call Dr Kotze "in all probability".

07 Jul 2014

Nel: what I'm willing to say, is that if defense calls Dr Fine, I may call Dr Kotze.

07 Jul 2014

Roux indicates that - if state doesn't call Kotze as witness - defence is entitled to consult and possibly call her.

07 Jul 2014

Roux wants to consult Carla Kotze, the state-appointed psychiatrist from OP psych panel. Nel says they have no right.

07 Jul 2014

Roux wants adjournment until 14:00.

07 Jul 2014

Court resumes.

Derman excused. He must be so relieved.

07 Jul 2014

Defence granted short adjournment.

07 Jul 2014

Derman: no, you have situational anxiety, a response, and there is trait anxiety which is a person’s genetic susceptibility.

07 Jul 2014

Derman says here's 'state anxiety' due to situations and 'trait anxiety' - genetic susceptibility, make-up.

07 Jul 2014

KO: "It was put to you that the night of the shooting, OP was no anxious, and relaxed.

07 Jul 2014

From what I understand it was his intention to shoot.

Nel: I have nothing further.

KO is up again.

07 Jul 2014

WD again forgets to address the court and addresses Nel, calling him "sir".

07 Jul 2014

Nel: I've put it to yuo that you are not objective. Do you want to respond? WD: I have responded. I've been OP's doctor for six years. I've attempted to be as objective as I can and backed up answers with scientific evidence.

07 Jul 2014

He told me he thought there was a burglar in the toilet, says WD.

07 Jul 2014

Nel: Why did he fire at the sound? WD: to nullify any threat.

07 Jul 2014

Nel refers to Wolmarans's testimony that OP aimed for the door. WD says he didn't follow Wolmarans's testimony.

07 Jul 2014

You don't want to give an answer that will not benefit the accused. - Nel

WD denies this.

07 Jul 2014

WD refuses to deviate from his statement "I cannot recall". Regarding OP telling WD he heard movement in the toilet.

07 Jul 2014

My memory is very fuzzy on this, that much is clear, says WD. He's clearly angry now.

07 Jul 2014

Nel says using the statement "I cannot recall" indicates bias towards OP.

07 Jul 2014

He didn't say he heard movement in the toilet. He never did, confirms WD.

07 Jul 2014

The sound of movement, that is your focus, Nel asks. WD: Yes.

07 Jul 2014

Nel: you were focused on the sounds. If he said he heard movement, you'd have remembered? WD: yes.

07 Jul 2014

You were really interested in the sounds, Nel asks.

07 Jul 2014

Nel goes back to the third startle. The accused didn't explain that he heard movement (in the toilet). WD confirms this is so.

07 Jul 2014

Court resumes.

07 Jul 2014

Nel asks for 10 minute adjournment to go through notes. Granted. He says he's nearing the end of his cross-examination of Derman.

07 Jul 2014

Nel: The fact the accused was able to run on his stumps is something you cannot exclude? Even trying to break down the door, on his stumps?

07 Jul 2014

Nel: in the watermelon shooting video, the accused was not anxious and fearful? Derman can’t comment on that.

07 Jul 2014

Nel asks Derman to conclude that Pistorius is "a danger to society." Derman says he won't make that conclusion.

07 Jul 2014

Nel: The evidence of the accused is it was a nice relaxing evening and he wasn't anxious. Derman: No anxiety that I'm aware of.

07 Jul 2014

Nel goes back to the Kessler Inventory tests where Pistorius scored higher than average

07 Jul 2014

All this time, OP sits looking down at his lap.

07 Jul 2014

Nel: awareness is heightened because of second startle, third startle wouldn't have an effect on him? Derman: exactly opposite
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