So now it's reported that if Oscar Pistorius can demonstrate "general anxiety disorder" then there's a chance that he can claim at that moment he had no intent due to temporary diminished capacity and can just walk free.
Of course what that means in terms of the threat he presents to others in the future is anyone's guess.
I don't think that this is what's happening here at all. It's actually a very shrewd move by the prosecutor, a must-make decision for the judge, and a lose/lose disaster for Pistorius.
What's happened is that Pistorius' defence appears to have opened up the possibility of a diminished-responsibility defence. Now, in order for diminished responsibility to become a judicial factor, Pistorius needs to be clinically assessed as per the state's rules. The talk of "general anxiety disorder" is something of a red herring and ultimately moot.
Pistorius will be assessed, to decide whether he has
any sort of mental disorder (whether it's general anxiety disorder or something else) which, in the assessing doctors' view, shows that he was not legally responsible for his actions. The output will be either: Yes, Pistorius has a sufficiently serious mental health condition that he should not be held legally responsible for his actions on Feb 14th 2013; or No, Pistorius has some mental health issues, but none that are serious enough to show that he should not be held legally responsible for his actions.
Either of these outcomes is bad for Pistorius. If it's the latter, then the trial resumes and Pistorius cannot argue (either in this trial or in any possible appeal) that his mental health played a mitigating factor. If it's the former, then this - if anything - is even more of a disaster for Pistorius. It would make it virtually inevitable that the court would find for manslaughter under diminished responsibility, and would commit Pistorius (possibly indefinitely) to a secure psychiatric unit where he would be held and treated until the doctors deemed that he no longer posed a threat.
In my opinion, it's extremely likely that the answer coming out of the 30-day assessment will be the latter: that Pistorius does have some mental health issues, but none that diminish his responsibility in regard to the shooting. And if/when that happens, then the trial resumes - but with Pistorius' defence strategy further damaged. But it's my opinion that if there
were a finding of diminished responsibility, this could actually be a worse outcome for Pistorius. I don't think anybody should be under the illusion that it would be a case of "just walking free".