YOU (South Africa)

The professor vs the correction­al services nurse

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(From previous page) Curlewis believes parading Oscar on his stumps was a good move because it showed Oscar’s vulnerabil­ity and garnered sympathy.

“But Nel counterbal­anced it with graphic photograph­s of Reeva’s body.”

All in all, good court tactics from both parties, he says. The Blade Runner’s extreme displays of emotion during his trial made a comeback during the sentencing hearing – he trembled visibly during his stump walk and sobbed during Barry Steenkamp’s heartrendi­ng testimony.

Ploy or genuine? The experts can’t say for sure but Oscar’s manner will factor into the sentencing process.

Motsoeneng has no doubt Oscar is sorry for what he’s done.

To emphasise the kind of stress Oscar has been under, Roux enlisted the testimony of psychologi­st Professor Jonathan Scholtz, who has treated Oscar on numerous occasions.

Scholtz said Oscar’s mental state was worse than it had ever been and that he was suffering from a host of mental disorders, including post-traumatic stress disorder and an anxiety disorder.

Motsoeneng highlights the significan­ce of Roux leading with Scholtz’s testimony. “He wanted to show the court it wasn’t just the Steenkamps’ lives that were impacted – it was Oscar’s life as well.”

But Curlewis wasn’t impressed with Scholtz’s evidence. “What the state did correctly is persuade the judge during cross-examinatio­n that the professor’s evidence was one-sided and could be interprete­d as biased towards the accused.”

Nel called correction­al services nurse Charlotte Mashabane, who cited three separate incidents during which Oscar was verbally abusive towards her.

She testified how he had shouted at her to leave his cell during a routine check-up, how he had banged a notebook on a desk, and that he had yelled at her when she refused to administer medication that hadn’t been prescribed.

“The state was trying to show that Oscar wasn’t always the victim, that he lacks the ability to control his anger,” Motsoeneng says.

Maseko believes it also demonstrat­es “an arrogant Oscar” who needs rehabilita­tion.

“Rehabilita­tion is best conducted in prison where they have programmes for offenders,” he says.

Curlewis says vulnerabil­ity is one thing but remorse is another. “The question that hasn’t been answered is whether it’s true remorse.” After her first judgment was overturned by the Supreme Court of Appeal, all eyes are now on Judge Thokozile Masipa to sentence Oscar. Experts say she can’t afford to get the sentencing wrong. of having had a loved one taken away.”

Even though Oscar has maintained he was unaware of who was behind the toilet door, that person – whoever it was – mattered to someone.

“The court won’t know what it meant for someone to lose a loved one to a crime unless they tell them. And Barry did just that,” Maseko says.

But Curlewis is critical of Nel for calling Reeva’s cousin Kim Martin to the stand. He says Nel should have called Reeva’s best friend, Gina Myers, instead.

“Kim merely reiterated what Barry had said. So all in all she was an unnecessar­y witness.” Defence attorney Barry Roux (left) and state prosecutor Gerrie Nel both fought tirelessly – now it’s in Judge Masipa’s hands.

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