#OscarPistorius Nel talks about dolus eventualis (indirect intention) on OP's version. (First confirmation that's where he's headed)

OP understood the consequences of acts 

@Simmoa Dolus eventualis cannot be present in a conviction of culpable homicide, I understand.... 

I'm lost 

Nel: him and Reeva could have escaped without having to go toward danger? #oscartrial Vorster: he's not mobile on his stumps...

Wow, his vomiting is a symptom of his disorder and not as a result of his remorse??

my bloomin' surgery just rang as they want to see me again - bog off doctor I'm watching a very important trial 

he could have put his prosthetics on whilst aiming the gun at the passage to get out of the bedroom with Reeva...but that thought never crossed his mind because Reeva wasn't there 

we'll need to check that with DS our legal experts 

yes very telling that he can vomit at the drop of an hat 

If you'd like to know about eventualis please see my second to last post on my blog.

adjournment coming - will it be referred? 

whosyourdadic.com should tell us here hopefully 

Roux objects to not having chance to re-examine Vorster #oscartrial Judge excuses her for now, depending what decision she makes on referral

Nel: "This is a strange application. Mr Roux called the witness to testify. I'm cross-examining the witness and she makes concessions."

MURDER – DOLUS EVENTUALIS

Dolus eventualis exists where the accused does not mean to actually cause the unlawful consequence which follows from his conduct, but foresees or should foresee the possibility of the consequences ensuing, and nonetheless proceeds with his conduct. An example would be of an assault where a perpetrator gets into a fight and uses a knuckle duster to beat up the victim, not actually intending to kill the victim, and the victim dies. It would be expected that he could have and should have foreseen such consequences and despite this reconciled himself with his conduct and persisted in the wrongful act. He would be charged with murder in such a scenario. Again what, if any, evidence of this crime has been lead by the State which could still convict Oscar of murder, albeit in a different form? In order to answer this question one must look at certain objective components of the act, which could in themselves be assessed as factors which should have had the upshot of Oscar at least foreseeing the death of the victim and thereby demonstrating his intent to kill. I would suggest the evidence lead in this regard comprise the following: firing four bullets into a confined area, using black talon bullets, distance from the door when shooting, type of firearm used. It’s important to understand that in this crime, the identity of victim and existence of motive are not in question, what is in question is whether the conduct itself and the way it was done suffices as in intent to kill. Also it’s said that the more the combined objective factors point in the direction of foreseeability the more the existence of subjective intent.

CULPABLE HOMICIDE

Culpable homicide has been defined simply as the unlawful negligent killing of a human being. The essential difference with this crime from those mentioned above lies in the fact that the fault in this crime stems from negligence (culpa) and not intent. The test in determining whether the accused is guilty of this crime lies in the question – “what a reasonable person would have done given the same circumstances?” But this reasonable man test doesn’t lie in isolation, one must still look at certain subjective factors relating to the accused himself which could elevate or decrease his reasonability. In this case Oscar is a certified and licensed firearm owner, which comes from writing certain formal tests where he was given exact violent or possibly violent situations, and asked how he would react in each situation. So, he is no longer tested as simply the reasonable person but rather as the “reasonable gun owner”. Would other reasonable gun owners have done the same thing? The evidence of Sean Rens relating to the gun tests taken by Oscar obviously set up the state’s case in this regard.

Barry Roux wants to re-question his witness before Gerrie Nel makes his application. #OscarPistorius

State applies for 30 days psychiatric evaluation of #OscarPistorius, his psychiatrist testified about his anxiety disorder #sabcnews

RT @diannehawker: Nel says Roux wants to "change the view" of his witness by re-examining. #OscarTrial

I can see Nel's point...and Roux brought this into evidence 

*rushes off for a wee* 

I've been putting my dishes away 

he's made a boo boo and he knows it now back peddling but kicking sand in his own face 

you mean you've done some washing up? 

I am ready too and when you ladies have departed for the day

just a cup and a plate 

too many adjournments Moonie...I have an hair appointment with my daughter at 2.30 

PIC: Pistorius crying during the psychiatrist's cross-examination. Make of it what you will.

so asking for an adjournment till tomorrow 

he's crapping himself  and is it finished now...I was out paying the gardener 

"@mawinton: @loveIIchat #Defense never saw this coming - look at #BarryRoux body language - defense team is in shock #OscarPistorius"

RT @diannehawker: OP's lawyers having serious pow-wow with him. Roux and Oldwadgeare sitting side-by-side while they talk to him #OscarTrial

all is not well in the OP court 

Barry Bateman ‏@barrybateman 10s
#OscarTrial Nel: he wanted to shoot an intruder? 
Vorster: that’s he told me. BB

Bingo...intent 

OP expected to walk out of court a free man...this knocked the wind out of his sails 

she's at work today Moonie.. its better if I go to the shop, I also get my eyebrows waxed and its all free 

but free

  FRANK FRANK FRANK  Moonie Moonie Moonie are you safe?   if you're under a paving stone tap once for yes or twice for no 

youtube might put it up later but it's adjourned till tomorrow for now 

don't know if its up yet Aims...it will also be available on youtube later 

http://oscartrial.dstv.com/

they've decided finally that Nel will continue questioning tomorrow after he's had time to digest her report - then Barry will get to cross examine then hopefully a referral will be made for him to be carted off to the funny farm - I don't know who makes the decision mind as to who agrees to the referral?  M'lady or someone else nor how long it takes