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Cross-Examination of Dr. Lewis

COMMISSIONER: Thank you Mr Wallace. Is there any agreement amongst the practitioners as to the order of cross-examination, shall we start with you Mr Woods seeing that you are the - or Mr Blumberg?

CROSS-EXAMINATION BY MR BLUMBERG: I will start Mr Commissioner, just a few questions. The original diagnosis by Dr Jordaan suggested a period from 16 May for about six weeks, before he felt that Mr Cronje would be able to testify, could I read into that that there has been an improvement in his condition, that he is able to testify after a shorter period of time?

DR LEWIS: Well, I think it is difficult for any Psychiatrist to decide at what point somebody will be in a better position to testify and I would assume that that six weeks was an estimation, and in fact, here we are four weeks later, and I would say that that is accurate enough.

MR BLUMBERG: Is there an improvement in his condition with the treatment that he has been receiving?

DR LEWIS: There is an improvement in his condition, but particularly in his sleep, and what that might be is simply that he is on sleeping tablets, so rather than a significant improvement in his depression, at least one of the symptoms is improved.

But Mr Cronje himself feels that he is a bit better and again, this is - roundabout three or four weeks is when we begin, for the first time, to see a response to anti-depressants, when they are given in adequate doses as Mr Cronje is receiving.

MR BLUMBERG: Would the condition that he is suffering from, affect in any way his ability to tell the truth or untruth?

DR LEWIS: I don't think it would affect his ability to tell the truth, I think though it will hinder him in that we know that depression is associated with difficulties in memory, so that there might be occasions when he has difficulty remembering things, but I certainly don't think it will interfere with his ability to tell the truth.

MR BLUMBERG: You mentioned that he might have difficulty in coping with complex questions, how would he be able to cope with say a question that possibly puts him in a difficult situation with regard to his credibility?

DR LEWIS: Well, I think it would be difficult for me to know what that would do, but clearly any question which is perceived as being a threat, will be more difficult for him to answer.

MR BLUMBERG: Did you have insight to a statement that Mr Cronje made on the 11th of April this year, the so-called confession? Did you have insight to that statement?

DR LEWIS: Could you just explain what you mean by insight?

MR BLUMBERG: Did you see it? Did you read it?

DR LEWIS: I don't recall if I read it.

MR BLUMBERG: You were talking about the perception of possible death or his fear of possible death. Did you - you considered it one of those issues, correct?

DR LEWIS: That - the death threats came out of an interview that I had with Mr Cronje, I don't remember having read it in the papers.

MR BLUMBERG: Could I just read what he said in this particular statement? It is the second paragraph of the statement, and I quote -

"In the Bible it says you must choose between life and death and that is the reason for this letter, tonight I am choosing life."

What do you read into that statement?

DR LEWIS: I think read out of context, I don't know, I think you may possibly have to address that to Mr Cronje.

MR BLUMBERG: Thank you Mr Commissioner.

NO FURTHER QUESTIONS BY MR BLUMBERG

COMMISSIONER: Mr Fitzgerald?

MR FITZGERALD: We have no questions, Mr Commissioner.

NO CROSS-EXAMINATION BY MR FITZGERALD

COMMISSIONER: Mr Manca?

CROSS-EXAMINATION BY MR MANCA: Thank you Mr Commissioner. Dr Lewis, in your opinion, is - let me first put it in the past tense, in your opinion was Mr Cronje capable of giving proper and coherent instructions to his legal representatives?

DR LEWIS: I am not sure, maybe you could just rephrase that?

MR MANCA: I will rephrase it. Mr Cronje signed a statement on the 15th of June, a lengthy statement and I assume that he had drafted that statement in consultation with his legal representatives. Would you, are you able to express an opinion at all, as to whether or not he was capable of giving coherent and proper instructions in order for that statement to be drafted?

DR LEWIS: My impression is that he was able to give coherent instructions. I should actually just say that that is my impression.

MR MANCA: I am only asking you for your impression and or your opinion. No further questions.

NO FURTHER QUESTIONS BY MR MANCA

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