Oscar Pistorius could be committed to a mental institution against his will if experts decide that he was "mentally incapacitated" when he shot Reeva Steenkamp. The athlete is currently being assessed by three psychiatrists and one psychologist at Weskoppies Psychiatric Hospital to determine his mental state when he fired at his girlfriend on Valentine's Day last year.
Judge Thokozile Masipa sent him for the 30-day evaluation after defence witness Dr Meryl Vorster diagnosed him with "generalised anxiety disorder". The results could mean a shorter prison sentence for Pistorius if he is convicted or it could mean he has fewer grounds for appeal. Either way, the outcome is likely to have a big impact on how the trial will proceed. Here are the findings available to the experts who will report back to the court...
Pistorius was 'mentally incapacitated'
In theory, the expert panel could decide Pistorius was "mentally incapacitated" when he shot Steenkamp, meaning that he was unable to control his actions because of an underlying mental disorder. In this case, the trial would end and Pistorius would be committed to a mental institution against his will until he is found not to be a danger, reports CNN.
Pistorius had 'diminished capacity'
Professor Stephen Tucson, a criminal barrister in Johannesburg, tells the Daily Telegraph, that the experts are more likely to look at whether Pistorius has a disorder that "diminished" his capacity for criminal responsibility. In that case, the trial would resume, and the experts' finding would be taken into consideration during sentencing if he were found guilty. This would be the favoured option for the defence as it would mean Pistorius might be judged less harshly. While murder and premeditated murder have mandatory jail terms, the sentencing for culpable homicide is discretionary, varying from fines to prison time of up to 15 years. For Pistorius to be convicted of the lesser charge of culpable homicide, Judge Masipa would have to believe that Pistorius did not plan or intend to commit murder but that he "negligently" killed Steenkamp.
Pistorius had no mental health problems
Alternatively, the experts might decide that Pistorius's mental health was not an issue at all and the court could therefore disregard the evidence of Dr Vorster. Prosecutor Gerrie Nel is likely to be rooting for this option, as it would mean Pistorius could not use his mental state as a defence or a mitigating factor in sentencing. Part of the reason Nel called for the evaluation in the first place was that he feared the defence could later use Pistorius's mental state to appeal against any conviction. A full state evaluation that gives him a clean bill of health would make this much more difficult.
Oscar Pistorius: what is he doing at Weskoppies hospital?
3 June
As Oscar Pistorius undergoes a second week of assessment at Pretoria's Weskoppies Psychiatric Hospital, more details have emerged about his 30-day mental health evaluation. The Reeva Steenkamp murder trial was suspended last month after an expert witness for the defence diagnosed Pistorius with 'generalised anxiety disorder'. Judge Thokozile Masipa then sent the athlete to Weskoppies, where a panel of experts are determining whether his state of mind played a part in the shooting of Steenkamp on Valentine's Day last year. Four specialists will have to decide whether Pistorius was criminally responsible for the shooting and if he fired his gun despite knowing right from wrong.
What is Oscar Pistorius doing day to day?
Pistorius is being treated as an outpatient, which means he can return home each evening. He is expected to arrive at Weskoppies at 9am every day and stay until 4pm, or until he is excused.
It is likely to be an "emotionally taxing" few weeks, according to Carly Abramovitz, a clinical psychologist who has worked at the hospital. The first day is usually "relatively simple", she says, with the experts getting to know their patient and explaining how the process works. After that, the panel will conduct lengthy interviews to obtain Pistorius's full life history, his family background, and his criminal and psychiatric history. Other assessments include personality tests, neuropsychological tests, tests for malingering (the technical term for faking a mental illness) and general cognitive tests that evaluate each and every cognitive process from intelligence to memory. Abramovitz tells Eye Witness News that the panel is likely to make Pistorius recall the moment of the shooting so they can work out whether he was in a "particularly heightened state of anxiety". Abramovitz describes it as an "extremely rigorous process" with experts observing him during "every single minute of every procedure".
Ivan de Klerk, a forensic psychologist, told South Africa's Times newspaper that forensic psychologists do not adopt a warm bedside manner. "A counsellor is empathetic and subjective, but in a forensic observation a psychiatrist wants to get to the truth," he said. "There is no way it would be possible to fake a condition for 30 days."
What is Weskoppies like?
Weskoppies is one of the biggest and oldest psychiatric institutions in South Africa. Located next to an industrial area in the west of Pretoria, it consists of many one-storey buildings in a "large, almost farm-like, setting", reports eNCA. It is "extremely quiet" and its patients and activities are not visible to visitors, says the news channel. "It is neither modern nor luxurious and has a bare, functional quality to it."
The hospital caters to a large variety of patients, with mental illnesses ranging from depression, anxiety disorders and bipolar disorders to schizophrenia. On the morning of Pistorius's first day, one female patient apparently asked reporters to film her message to Pistorius to "be strong". She told reporters: "I love him". However, there were apparently no takers and she "walked dejectedly back into the hospital", reported The Times.
Court-ordered cases make up just a portion of patients at Weskoppies. Former high-profile patients include 'Modimolle Monster' Johan Kotze who was convicted last year for murder, rape, kidnapping and assault, and 'Advocate Barbie' Cezanne Visser, who was sent to jail in 2010 for molesting children with her former lover.
Who is evaluating Oscar Pistorius?
Four experts have been appointed, including three psychiatrists and one psychologist:
Dr Herman Pretorius is one of two Weskoppies psychiatrists appointed by the court. In a previous high-profile case he was tasked with assessing a prisoner who slit two nursesâ throats. Pretorius testified that the accused knew right from wrong when he attacked his victims.
Dr Carla Kotze is the second Weskoppies psychiatrist appointed by the court. In 2012, she was asked to evaluate a man accused of decapitating his victim in a graveyard, stripping his face from his head and cutting off some of his limbs. Kotze declared that the accused could understand right from wrong and he was sentenced to a minimum of 20 years in prison.
Dr Leon Fine has been appointed on behalf of the defence. He is a psychiatrist with a speciality in anxiety syndromes and has âextensive experienceâ in giving evidence in court, according to South Africa's Daily Maverick magazine.
Professor Jonathan Scholtz is head of psychology at Weskoppies and a professor at the University of Pretoria. He testified in the 'Advocate Barbie' case, diagnosing Cezanne Visser with battered woman syndrome. Visser was released on appeal just three years into her seven-year prison sentence.
When will the Oscar Pistorius trial resume?
The court is expected to resume on 30 June to hear the results of the evaluation.