#OscarPistorius sentencing: Day 1

Published Jun 14, 2016

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Zelda Venter

Pretoria - Oscar Pistorius is a broken man who cannot testify in mitigation of his sentence and who should be in a hospital for his deteriorating mental condition.

Yet, he threw tantrums, shouting at investigating officer Mike van Aard, who investigated the killing of Reeva Steenkamp, that he did not do his job and in a fit of rage he (Pistorius) banged his fists on the desk of a prison nurse.

He was also verbally violent and aggressive towards officials during his first month in jail.

This was part of the dramatic evidence which emerged on Monday in the high court in Pretoria on the first day of Pistorius’s sentencing proceedings on a charge of murder.

Professor Jonathan Scholtz, of Weskoppies Hospital, who compiled a report in 2014 on Pistorius’s mental state after he was referred to the hospital for observation, again presented a report to court on his mental condition.

Two years ago, Scholtz reported that Pistorius suffered from anxiety, severe depression and post-traumatic stress disorder.

Now, the athlete’s mental state has significantly deteriorated. “His spirit seems broken and one has to prompt him to get hope for the future. Further imprisonment would have a detrimental effect on him,” Scholtz told Judge Thokozile Masipa.

He said Pistorius was riddled with grief and remorse for killing Reeva and putting him behind bars again will not be psychologically conducive for him.

Pistorius had a hellish time during his nearly 12-month stint in jail, Scholtz said. He had to spend 18 hours a day in solitary confinement in his cell, his only company Czech fugitive Radovan Krejcir. He was also paraded like a caged animal to visitors brought by wardens at night to his cell, Scholtz said.

He was also assaulted while in jail, but he never reported this to the prison authorities. Adding to his misery, was the fact that he did not, for the first few weeks, have a shower adapted to his needs and he had to stand on his stumps. He developed an infection in his legs, the court was told.

Scholtz said that after his release, Pistorius was fearful to leave his Uncle Arnold’s house and he socially isolated himself. He told of an incident where a woman in a supermarket shouted that she was not going to shop alongside a murderer.

Scholtz recommended that Pistorius remain out of prison, working for Twin City Development, a company owned by Arnold, in their programme relating to early childhood development. His dream is to help children, Scholtz said.

The pressure since the tragic events of Valentine’s Day 2013 became so much for his sister Aimee that she left the country. She was back yesterday to support her brother.

But Scholtz was grilled by prosecutor Gerrie Nel, who questioned how Oscar was “in no state to take the stand”, yet he was able to tell his whole story to British television station ITV. “He would rather give his version of the events to a TV station than to the court,” Nel said.

He also questioned the actions of the “mentally frail” murderer, and said that during the short court sitting earlier this year, Pistorius had approached Van Aard. “He confronted him and said please give us some privacy'. He also accused him of not doing his job. That is not the actions of a person who had given up on life.”

Nel spoke of an incident when Oscar was “shaking with rage” and banged on the table of a prison nurse. “Did you see this morning when he walked into court? He greeted all the prison officials by hand, except the sister.”

Oscar’s advocate, Barry Roux, said his client was upset as he had a swollen hand and battled with the prison to get his medication from his family.

Scholtz said it was understandable that Oscar was aggressive during his first month in jail, as he was anxious, but “he is not a violent man”. Nel accused him of being biased towards Oscar.

Meanwhile not even the coldest day of the year could keep the crowds away from the high court in Pretoria on Monday.

A gaunt looking Oscar may have taken his place alone in the dock, but there was a lot of emotional support for him.

As he walked into court, Oscar took time to hug well-wishers and family members. Even the court orderly received a hearty hug from him. It was an uncomfortable moment for him as he made his way to the dock past June and Barry Steenkamp.

The parents of his murdered girlfriend Reeva tried to look the other way as he glanced briefly in their direction where they sat in the front row on the prosecution side. Before entering the dock, Oscar gave a warm handshake to a group of Correctional Services officials who took seats directly behind the accused's bench. Among them was a prison nurse with whom he had a tiff while in jail. She was spared a handshake as he walked past her.

On the “Pistorius side” of the court - in the front row closest to the defence team - Oscar’s family took their seats. His father Henke, with whom he is said not to have a good relationship, was among them. His psychologist, who is also a family member, Dr Lora Hartzenberg, was on call for him, sitting within reach of him alongside his defence team.

The court heard that he is in psychiatric care, as well as on medication for depression and anxiety. The 29-year-old former Olympian sat with bowed head as he waited for the judge to enter and it appeared as if he was in prayer.

The court was told on Monday that he is a highly religious man, who has put his fate in the hands of the Lord.

Outside, braving the cold, a group calling themselves the SA Prison Unemployment Political Party, unenthusiastically chanted “Viva Oscar”.

They held placards, mostly stating that Oscar had been the victim of an injustice.

“Oscar was abused and bullied in front of the whole world,” one poster read, while another said he been tried by the media.

Waiting in the long queue to get into the court was Liz Bester and three of her friends.

“We are not fans; we are supporters,” she insisted. They fear that Oscar did not get a fair deal. “Where does this leave the people of South Africa if the appeal court said you cannot shoot an intruder?” Bester asked.

She and her friends were adamant that Oscar did not deserve to go back to jail for another day.

But ANC Women's League spokeswoman Jacqui Mofokeng said Oscar deserved 15 years in jail and nothing less.

“We will keep on supporting the Steenkamps. We want to see justice done” she said.

Also supporting the Steenkamps in court was Sharon Saincic, the mother of murdered Chanelle Henning. “I know the pain they went through and I am here to support them,” she said.

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