Paul Connelly
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In relation to delays and delaying tactics do you recall that analysis the old poster AJDS did to piece together Roux's strategic delays to create time so that Dr.Vorster could meet with OP and his family and produce the GAD diagnosis.
He started a short WS thread on it during or just after the trial- it's there somewhere on the old threads page - very illuminating.
ETA Yes Paul -late commissioning of Vorster shows for me ( alongside their other experts who repeated their tests) that Roux was prepared to adapt as the trial unfolded and in relation to OP's poor testimony. ( Most commentators were unanimous on this. But incidentally, I don't recall any legal eagle other than Greenland saying that not making the defence explicit at the outset was against SA legal protocols.)
I found this from AJDS and it's pretty damning!
AJ_DS
06-23-2014, 05:32 PM
Session 1 (S1) : 9:30AM to 11:00AM (1 h. 30 m.) – Session 2 (S2) : 11:30AM to 1:00PM (1 h. 30 m.) – Session 3 (S3) : 2:00PM to 3:00PM (1 h.)
FRIDAY 2 MAY 2014
Very last weekday of the 2-week adjournment
Dr. Merryll Vorster interviews Oscar Pistorius for the very first time
Dr. Merryll Vorster interviews Diana Binge (Oscar's aunt)
MONDAY 5 MAY 2014
Dr. Merryll Vorster interviews Aimee Pistorius, Carl Pistorius, Justin Divaris, Oscar's manager, Oscar's coach.
S1 : Johan Stander (1 h. 30 m.)
S2 : Carice Stander (1 h.)
Roux : " M'Lady…huh…we…huh…experienced great difficulty to get more than 2 witnesses available for today…we were hoping that…huh…the 2 witnesses would…would take up most of the day…huh…we desperately tried to get a 3rd and a 4th one…huh…we just could not…I…I can only ascribe it to the…many public holidays before…huh…everyone had something on on a Monday…it won't repeat on the days following, we have already the other witnesses lined up to ensure that…that…that…that it won't be a repeat of this…that we can use up all the available Court time. "
Roux : " M'Lady, we believe…I heard on the radio that the Wednesday is a public holiday…it's…it's voting day…but…but M'Lady I can…can tell you from our side that…on the times given to you that we believe that we still well within that…that time…huh…estimation "
Unused Court time : 1 h. 30 m.
TUESDAY 6 MAY 2014
The social worker Ingrid van Schalkwyk contacts the Defence team to convey her desire to testify on Oscar's behalf : she was upset because she read that Oscar Pistorius had "taken acting training", that he "put on a show", that he "started crying when it wasn't needed"… she wanted to tell her version of what she had observed of the accused.
S1 : Mr. Nhlengethwa (1 h.) and Mrs Nhlengethwa (30 m.)
S2 : Mrs Motchuani (15 min.)
Roux : " Understanding now better the cross-examination of the previous 2 witnesses that I can anticipate it won't take that long, so again a said problem will arise but…I…I will put on record, that we, well within the timeframe and, if I work it out, the timeframe and…and…and trying anticipate cross-examinations the times that I even believe that, we may end the Defence case by Tuesday next week. "
Roux : " So I'm…I'm…I'm…I'm really sorry about the delay again that I can anticipate it's going to be caused because I…the 3 witnesses lined that we tried to work out…huh…they all have children and we just could not bring witnesses left, right and center…and I incorrectly believed that the 3 witnesses would, take the day… "
Roux : " M'Lady, I indicated the difficulty…huh…but also the timeframes to you, so my apologies again…I would asked Mr. Nel to maybe ask more questions on Thursday to save me this embarrassment but…huh…and he assured me that he would do so…but the witnesses are ready for Thursday again I'm…I can only estimate…"
Unused Court time : 2 h. 15 m.
WEDNESDAY 7 MAY 2014
This day is a holiday because of elections in South Africa
Dr. Merryll Vorster interviews Oscar Pistorius for the second time
THURSDAY 8 MAY 2014
S1 : Christina Lundgren the anesthetist (1 h 10)
S2 : Ingrid van Schalkwyk the social worker (45 m.)
S2 – S3 : Thomas Wolmarans (1 h. 15 m.)
Unused Court time : 0 (but about 50 minutes of delays caused by withholding reports until the very last second)
FRIDAY 9 MAY 2014
S1 – S2 – S3 : Thomas Wolmarans (4 h.)
Unused Court time : 0
MONDAY 12 MAY 2014
S1 : Thomas Wolmarans (1 h. 30 m.)
S2 : Dr Merryll Vorster the forensic psychiatrist
Total time of Wolmarans's testimony : 6 h. 45 m.
1. Dr. Merryll Vorster's involvement was an unplanned very last minute Hail-Mary effort in Oscar's Defence… the unplanned and unforeseen 2-week adjournment was an application that was brought forth by the State on 15 April 2014 because some members of the Prosecution team had other preferential cases to address where the accused were being detained. Had this application not been made by the State, the Defence would NOT have had the opportunity or the time to retain the services of Dr. Merryll Vorster to evaluate Oscar Pistorius because the Defence's case would have been concluded during the first week of the aforementioned 2-week adjournment.
2. Dr. Merryll Vorster conducted her first interview with Oscar Pistorius on 2 May 2014… this posed a problem for the Defence : Dr. Merryll Vorster had to : interview Oscar, interview family and friends, interview Oscar a second time and write a report before appearing in Court as an expert witness.
3. Dr. Merryll Vorster's second interview with Oscar Pistorius was conducted on 7 May 2014… This was a Holliday in SA because of elections… Roux blatantly lied to the Court when he stated on 5 May 2014 that he had just learned that 7 May 2014 was a Holliday… Oscar Pistorius was scheduled to meet Dr. Merryll Vorster that VERY day… Oscar has to be present in the courtroom when the Court is in session… without this Holliday, Oscar could not have met with Dr. Vorster. Interestingly enough, Nel had already mentioned on 15 April 2014 when he made the application for the 2-week adjournment that the week of 2 May 2014 was an election week.
4. Roux intentionally delayed Court proceeding to buy some time for Dr. Merryll Vorster to complete her analysis and prepare her report… without the 2 days where witnesses were 'fortuitously' unavailable and Roux 'fortuitously' misevaluated the times (5 May and 6 May), Dr. Vorster would have had to been called upon Friday 9 May 2014 instead of Monday 12 May 2014. (see alternate timeline with full use of Court time below).
5. Interestingly, Roux stated on 6 May that he did not have more than 3 witnesses available because the witnesses had children… BUT all of the following witnesses that were brought forth on 8 May and afterwards are ALL professionals that work during the day and therefore are very much available to be in Court : Roux could have called Christina Lundgren to the stand on 6 May 2014.
6. Ingrid van Schalkwyk inexplicably approached the Defence on 6 May 2014 and was put in the witness box on 8 May 2014 by Roux… She decided to come forth 3 weeks AFTER Oscar Pistorius had already finished his testimony on 15 April 2014… Had the 2-week adjournment application not been made by the State, the Defence would NOT have had the opportunity to put Ingrid van Schalkwyk on the stand. By 'coincidence', she came forth precisely when the Defence needed to buy some time for Dr. Merryll Vorster.
7. Although Roux was very contrite and apologetic for delaying Court proceedings by not having witnesses available, Roux purposefully withheld from the Prosecution Christina Lundgren's, Ingrid van Schalkwyk's and Thomas Wolmarans's reports until the very last possible moment i.e. when the witnesses took the stand… This would inevitably lead the State to ask for adjournments to read those reports and confer with their own experts on the content of said reports… hence by some additional time for Dr. Merryll Vorster.
8. The timeframe of when the Defence expected to conclude their case was established prior to the 2-week adjournment : Roux estimated that the Defence would rest on 13 May 2014… This was BEFORE Dr Merryll Vorster and Ingrid van Schalkwyk were even involved… Roux blatantly lied in open Court on 5 May and 6 May when he stated that he would keep to the 13 May timeframe.
Alternate timeline with full use of available Court time :
MONDAY 5 MAY 2014
S1 : Johan Stander (1 h. 30 m.)
S2 : Carice Stander (1 h.)
S2 – S3 : Mr. Nhlengethwa (1 h.) and Mrs Nhlengethwa (30 m.)
Unused Court time : 0
TUESDAY 6 MAY 2014
S1 : Mrs Motchuani (15 m.) and Christina Lundgren (1 h 10)
S2 : Ingrid van Schalkwyk (45 m.)
S2 – S3 : Thomas Wolmarans (1 h. 45 m.)
Unused Court time : 0
THURSDAY 8 MAY 2014
S1 – S2 – S3 : Thomas Wolmarans (4 h.)
Unused Court time : 0
FRIDAY 9 MAY 2014
S1 : Thomas Wolmarans (1 h.) and Dr Merryll Vorster (30 m.)
S2 – S3 : Dr Merryll Vorster (2 h. 30 m.)
Total time of Wolmarans's testimony : 6 h. 45 m. (same)
One can clearly see that WITHOUT Roux's dubious delaying tactics, Dr Merryll Vorster would have had ONLY 1 day (8 May) to prepare her report… with Roux's engineered delays, she got 4 days.
Dr. Vorster involvement was a last ditch effort and Roux purposefully delayed Court proceedings to allow such effort to come to fruition… very unbecoming behavior for an attorney !!
Furthermore, WITHOUT Ingrid van Schalkwyk's involvement, Thomas Wolmarans would have probably finished his testimony on 8 May and Dr Merryll Vorster would have been on the stand first thing on Friday 9 May at 9:30AM