OVERVIEW: Rohde denied bail, heads back to prison
Prosecutor Louis van Niekerk is reading to psychiatrist Sotloff now from judgment saying Jason #Rohde was angry at a therapy session a few days before Susan died, because he did not want her to go to Spier. He stormed out: not in line with "even temper" description? @TeamNews24— Jenni Evans (@itchybyte) 6 December 2018
She said that Van der Spuy responded to the court's directions "rudely, raising his voice, shaking his body and shaking his finger in the air".
She found the conduct "disrespectful" and said it would not be tolerated.
She adjourned earlier today for everybody to calm down.
She said that even though that information is already before her on record, she would allow the witness to place his evidence before the court for the sake of fairness.
However, when it became evident that the witness was not confining himself self to placing evidence in mitigation and Advocate van der Spuy "continued to protest Mr Rohde's evidence", she reminded him that he is place before her factors in mitigation of sentence after he was found guilty of murder Differently put, it is information she will consider in considering the appropriate sentence.
Judge Gayaat Salie-Hlophe came back after lunch and said that when the court convened this this morning the specialist psychiatrist Kevin Stoloff was called to give evidence that was already by and large before court from previous testimony.
This related to Rohde's absence from court on February 5 while he was being treated for severe depression.
Van Der Spuy stands up asks to say something but she replies that he has not been invited to address the court. He says he rejects her take on events. She says he can bring this up during argument. She allows continuation of Dr Sotloff examination regarding #Rohde @TeamNews24— Jenni Evans (@itchybyte) 6 December 2018
So Van Der Spuy and his colleague Advocate Tony Mostert are sitting in court figuring out what happens next after Judge Salie- Hlophe's abrupt departure.
Court resumes at 2.15pm.
It sounds like #Rohde will only reconvene at 2:15pm. This was after Judge Gayaat Salie-Hlophe said she would not have defence lawyer Van der Spuy waving a finger at her. The two have had words over the course of the trial (@itchybyte)— Team News24 (@TeamNews24) December 6, 2018
Gayaat-Salie says he has pursued the point sufficiently, but VD Spuy says now his examination of Stoloff has been interrupted.
"Sorry does the court wish to interrupt me as well now?" he asks.
The judge takes exception to VD Spuy waving a finger at her, and adjourns.
Jude Salie-Hlophe wants to know what Rohde clinic situation has to do with evidence in mitigation of sentence.
"This is not a bail application," she says. VD Spuy says it is germaine to the case and shows Rohde's illingness to cooperate.
Stoloff is now testifying about how two officers arrived at his offices in Feb demanding that #Rohde go to court, even though Rohde was in the clinic. They did not have a warrant on them, and Stoloff also found it wholly inappropriate given that Rohde was ill. @TeamNews24— Jenni Evans (@itchybyte) December 6, 2018
Asked to come to court on 6th to exlplain letter written on the 5th.
- Judge Gayaat Salie-Hlophe interupts. Requests information relevant to going forward with sentencing.
"A lot of this information has been dealt with already, is already before me. the purpose of these proceedings is to get evidence in mitigation," Salie-Hlophe says.
"This is not a bail application."
Stoloff says #Rohde has no background of abuse, shows no sign of pyschotic illness or excessive alcohol intake and it would have totally out of character for him to commit the acts he has been found guilty of @TeamNews24— Jenni Evans (@itchybyte) December 6, 2018