Johannesburg – The murder trial of Oscar Pistorius resumes on Monday after one month during which mental health experts evaluated the athlete to determine if he has an anxiety disorder that could have influenced his actions on the night he killed girlfriend Reeva Steenkamp.

Judge Thokozile Masipa is expected to receive the conclusions of a panel of one psychologist and three psychiatrists who were instructed to assess whether he was capable of understanding the wrongfulness of his act when he shot Steenkamp through a closed toilet door in his home on Valentine’s Day last year.

The assessments of a panel at a state psychiatric hospital could determine whether he should be held criminally responsible and affect the judge’s deliberations on a verdict or, in the event of a conviction, the severity of the sentence, according to legal analysts.

The evaluation came after a psychiatrist, Dr Merryll Vorster, testified for the defence that Pistorius, who has said he feels vulnerable because of his disability and long-held worry about crime, had an anxiety disorder that could have contributed to the killing. He testified that he opened fire after mistakenly thinking there was a dangerous intruder in the toilet.

Prosecutor Gerrie Nel has alleged that Pistorius, 27, killed the 29-year-old model after an argument, and has portrayed the Olympic athlete as a hothead with a love of guns and an inflated sense of entitlement. But he requested an independent inquiry into Pistorius’s state of mind, based on concern the defence would argue Pistorius was not guilty because of mental illness.

Pistorius’s defence team could get a boost if the hospital evaluation roughly aligns with the conclusions of Vorster, the defence witness, said a legal expert observing the trial. Kelly Phelps, a senior lecturer in the public law department at the University of Cape Town, said a diagnosis that Pistorius has an anxiety disorder could add weight to his account and compel the judge to consider the question: “Is it more likely that he is telling the truth about what occurred on that night?”

Even if the judge rules that Pistorius is guilty despite any disorder that he is suffering, Phelps said, the diagnosis could be a mitigating factor when he is sentenced.

“That is the area of law that is often referred to as diminished responsibility,” she said.

Other possible conclusions in the psychiatric evaluation are that Pistorius is not suffering from any anxiety disorder, which could undermine his defence. Alternatively, it might be found that he was incapable of distinguishing between right and wrong or acting in accordance with that understanding, which could lead to a verdict of not guilty because of mental illness and referral to state psychiatric care.

Pistorius faces 25 years to life in prison if found guilty of premeditated murder, and could also face years in prison if convicted of murder without premeditation or negligent killing. He is free on bail.

Once Judge Masipa receives the conclusions from the mental health experts, the defence will be in a position to call its few remaining witnesses, prior to closing arguments and Masipa’s deliberation on a verdict. If, however, the experts who observed Pistorius are not unanimous in their conclusions, the judge can call them to the stand to clarify their findings.

Pistorius was evaluated as an outpatient at Weskoppies Psychiatric Hospital in Pretoria. He has been staying at the upscale home of his uncle.

AP

Durban – A man was wounded with serious injuries during a shooting along Palm Castle Road in Durban on Sunday, paramedics said.

“Exact detail to the cause of the shooting and preceding events will remain a subject for police investigation and comment,” Netcare 911 spokesperson Chris Botha said.

“Netcare 911 paramedics arrived at the scene and found a man in his fifties with a serious gunshot wound. After he was stabilised at the scene they transported him to a hospital in Durban for the care that he required.”
SAPA

Johannesburg – No staff have been dismissed at the Sun City resort in the North West, Sun International said on Sunday.

“Sun International can confirm that approximately 160 people employed across the Sun City resort are under investigation for theft of food and beverage consumables,” spokesperson Michael Farr said in a statement.

“Only 30 of these staff members are Sun City employees. The balance are employed by four external service providers.’

Contrary to claims made by the Congress of SA Trade Unions in the North West reported elsewhere, Sun City had not dismissed any staff, and was waiting for the outcome of the investigation before action was taken.

On Saturday, Cosatu regional secretary Solly Phetoe said hundreds of people working at the resort protested outside the premises on Saturday.

The protesters were demanding the immediate re-instatement of between 200 and 250 of their colleagues, who were fired during the week.

“The protesters allege that management has placed video cameras in toilets and in the kitchens to monitor them,” said Phetoe.

Illegal protest

Some workers were fired for allegedly spending too much time in the kitchen and rest rooms, while others were alleged to have been filmed stealing, Phetoe said at the time.

He called on the resort’s management to provide proof of this by showing the material it had.

Farr said it could be confirmed staff employed by one of the four service providers had been suspended by their employer pending the outcome of the investigation and disciplinary process.

“The investigation is into hundreds of incidents of theft recorded on camera by security,” Farr said.

“Sun City management is entirely comfortable that they have complied with the correct processes by informing their recognised trade union Saccawu (SA Commercial, Catering and Allied Workers Union), who has raised no objection to the investigations.”

Farr said the “illegal protest” held on Saturday involved 100 to 150 people and not 3000 as reported by Cosatu.

“Participants in the illegal protest were staff under investigation, their colleagues and others not known to us at all,” he said.

“Although the protestors prevented Sun City as well as other employees from entering the resort, Sun City remained operationally functional.”

Contingency measures were also employed to ensure the ongoing well-being and comfort of visitors.

“Additional allegations from Cosatu North West of racism, coupled with claims that there are cameras inside toilets are not only completely unfounded, they are also inflammatory,” Farr said.
SAPA

Johannesburg – The Farlam Commission of Inquiry is expected to continue in Pretoria on Monday

At the commission’s previous sitting on Friday, factors influencing the level of force used by the police during the Marikana shootings came under the spotlight.

Police lawyer, Ishmael Semenya SC, cross-examined international public order policing expert Gary White, who has criticised the police’s Marikana intervention.

“Mr White, if we are able to establish that this group of 300 or 400 sharp instrument wielding people was attacking the police, I want to suggest that it is a threat that could be contained through non-lethal force,” said Semenya.

White said the police’s response to the crowd would be determined by a number of circumstances.

The inquiry is investigating the deaths of 44 people during strike-related violence at Lonmin’s platinum mining operations at Marikana, near Rustenburg in the North West.

Thirty-four people, mostly striking mineworkers, were shot dead in a clash with the police, more than 70 were wounded, and 250 were arrested on 16 August 2012. Police were apparently trying to disarm and disperse them.

In the preceding week, 10 people, including two policemen and two security guards, were killed.
SAPA

Johannesburg – Agang SA leader Mamphela Ramphele was suspended as president of the party on Sunday, with a disciplinary hearing pending, deputy president Andries Tlouamma said.

“She is suspended pending the disciplinary hearing. That should be within 14 days,” he said.

Ramphele was suspended because she allegedly made major decisions without consulting the national executive committee (NEC).

“She [Ramphele] appointed a task team and dissolved the NEC without consulting. She also made a decision of who should go to Parliament without consulting.”

Agang interim spokesperson Philip Machanick said the suspension had no standing.

“I don’t think really anyone has standing to suspend her [Ramphele]. The process to reconstitute the NEC was constitutional. The discipline committee to deal with a matter like that was not consulted,” he said.

“It seems these people created their own NEC and disciplinary committee on the fly without consulting anyone. The meeting they called is very unprocedual.”

Bussed in

Machanick said it was believed people were bussed in that were not even Agang SA members.

“If you are going to do something on a democratic level, you don’t just find a location and bus in supporters.”

Tlouamma said Ramphele was implicated in a fraud case therefore she was unfit to lead the party until she was cleared.

“She will be served with the suspension letter tonight [Sunday] pending the date of the disciplinary hearing.”

The decision to suspend Ramphele was taken at a NEC meeting which was held in Alexandra, Johannesburg, he said.

Machanick said the claim Ramphele opened the bank account had not been backed up by any evidence.

“This whole thing originally broke with allegations of fraud which has never been substantiated,” he said.

“The claim she [Ramphele] opened the bank account is simply a smoke screen or prelude to set up all this chaos.”

Tlouamma said party chair Mike Tshishonga would be acting president until the charges against Ramphele were dealt with.

Early Sunday morning in a statement, Machanick said the South Gauteng High Court in Johannesburg was approached to stop the meeting, where the decision to suspend Ramphele was taken, from happening.

Tloumma said: “They got an interdict, which we quickly went to court, and reversed it.”

Machanick said the problem with the faction against Ramphele was that they had nothing to lose.

“Even if the party collapses, two of the people we are fighting against are MPs,” he said.

“So, the MPs can pretty much sit in Parliament sleeping for five years since they don’t have anyone to account to.”

On the other hand, those in the party had its dignity and that of its supporters to think about, and keeping true to Agang SA’s founding values, Machanick said.

Earlier this month, Ramphele and Tshishonga opened separate fraud cases with police over the bank account opened to receive a refund from the Electoral Commission of SA (IEC), believed to be around R200 000.

The New Age newspaper had reported Tshishonga accused Ramphele of having direct access to party funds, and that she opened the account to access the IEC deposit without a mandate from the party.

Tshishonga claimed his signature appeared on the bank account’s paperwork without his knowledge.

On 13 June, Ramphele warned that members who tarnished her image in the media would be suspended. She criticised members involved in factionalism.

On 15 June, a meeting was held in Johannesburg by a faction of the party to cast a vote of no confidence in Ramphele.

SAPA

By Obakeng Maje
Kimberley Crime Prevention police have vowed to keep the streets of Kimberley clean from drugs and illegal substances. Police received information on Friday about a man who was carrying dagga in the vehicle.

Police made follow-up and a white Toyota Tazz, which had one occupant, was stopped. The incident took place at Boschoff Road in Kimberley.

“A 30-year-old driver was arrested after a black plastic bags containing dagga were found inside the vehicle. The dagga weighs about 87 kilogram and valued at about R450 000” lieutenant Donald Mdhlusi said.

The driver was immediately arrested and his vehicle was confiscated. The suspect is facing a charge of possession of dagga and is expected to appear before the Kimberley Magistrate’s Court on Monday.

Major-General Jean Abrahams applauded the police for their hard work and the swift response to the information. She further encouraged the community members to continue with providing such information as her members will treat such information with confidentiality.

According to General Abrahams ‘‘there is no criminality that is going to be tolerated in this area’’.
-TDN
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By Obakeng Maje
Kimberley- A 28-year-old man arrested for armed robbery at Modeliefe Avenue, Square Hillpark in Kimberley.

Lieutenant Donald Mdluli said two suspects allegedly entered a shop and threatened a owner with a gun.

The two suspects wearing balaclavas demanded cash and one one of the suspects allegedly took the shop-owner’s cellphone.

“The two men fled the crime scene afterwards and the shop-owner followed them. They alleged ran to the nearest bushes where they parked their car” Mdhluli said.

The suspects were disturbed and could not reach to their car and decided to fled on foot.

One suspect was arrested by shop-owner and police were called.

The police arrested a 28 year-old man who they suspect is of foreign nation. The suspect will appear before Kimberley Magistrate Court on Monday for armed robbery and police investigations continue.-TDN
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By Obakeng Maje 
Kimberley- Police are investigating a case of armed robbery following a business robbery where a 34-year-old shop-owner was robbed on Saturday at about 12h30.

The incident took place at Modeliefie Avenue, Square Hill Park-Kimberley.

“It is alleged that two male suspects entered the shop, wearing balaclava, and demanded cash. The shop-owner was threatened with a firearm” lieutenant Donald Mdhluli said.

Mdhluli said one of the suspects took a cellphone from the complainant whilst the other suspect jumped over the counter where he took undisclosed amount of cash.

The suspects then fled the scene on foot to nearest veld. It is further reported that the shop-owner followed them with his bakkie. Police said they believe suspects might have left their Ford Leisure bakkie in the veld so that they could use it to get away.

“The complainant somehow managed to disturb these suspects which led them to get out of the vehicle and ran on foot. The shop-owner succeeded in apprehending one suspect and the other one managed to get away” he said.

Members of the Kimberley Crime Prevention Unit acted swiftly in ensuring that the suspect is detained. The arrested suspect is a 28-year-old male, who is a foreign national. Major-General Jean Abrahams thanked the members for their hard work and she trusts that the members will arrest the outstanding suspect soon.

General Abrahams also indicated that the arrest of a suspect is a positive thing and hope that it will help in addressing the Business and armed robberies in the area. Detective Warrant Officer Patrick Dibebe has been tasked to investigate this case.

Anyone with information that can assist in the whereabouts of the other suspect is requested to contact D/WO Dibebe on 082 302 0407 or contact Crime Stop on 08600 10111. Sms’s can also be sent to 32211. The investigation continues.-TDN
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