Insane prisoner drags Khama to court

Lawrence Seretse | Friday March 14, 2014 16:54

 

The convict is suing for failure of his release from prison despite a report by the medical board that he was insane at the time the murder was committed. 

The Special Presidential Detainee, Sergeant Batshani, was in August 2002 imprisoned for killing Kelebetse Pasina.  The court had reported to the State President of his mental disorders to supersede the law and preferably confine Batshani in safe custody.

According to the judgement, he had stabbed Pasina, an ex-girlfriend, 17 times until she died in Kgaphamadi, Francistown. During the trial, a psychiatric expert called in by the State concluded that a possibility that when the murder was committed the accused being in a psychotic state could not be ruled out.

Court documents reveal that at the time, Batshani was then kept in custody as a criminal lunatic at a government facility for mental patients, pending the President’s decision. 

In September 2002, the convict was then locked up at the Lobatse Mental Hospital, now Sbrana Psychiatric Hospital, until 2007.  He was again transferred to Lobatse State Prison. He has already served 12 years imprisonment.

In his lawsuit application, Batshani states that in 2005, after several evaluations by the medical board, a recommendation was made to the State President for his release in terms of section 167 of the Criminal Procedure and Evidence Act, which were ignored.

The nursing report recommended he be released and continue treatment at Princess Marina Hospital Psychiatric Unit.

“I was further evaluated some time in 2008 and again in 2012.  The medical board advised me that a recommendation was made for my release.  The office of the President still did not act upon the recommendations that were made by the board,” the court papers read.

Over and above, Batshani notes that his family made the same appeal in 2005, and the office of the President showed no interest in the matter.

There was only one response from the highest office in October 2005, which indicated that a convicted felon was supposed to be subjected to another evaluation before the President makes a decision. The medical evaluation was later conducted and a release was again recommended.

However, the psychiatric report carried out in 2011 was of the opinion that Batshani may have recovered from his mental disorders.  It stated that he was fit to plead and understand court proceedings since he displayed normal behaviour and engagement with fellow inmates. It also mentions that Batshani is, “non-violent and in control of his faculties”.

Batshani was a director and owner of a company called S.B. Engineering at the time he was convicted.

He said that the continued incarceration constitutes an infringement of his constitutional rights.

“I cannot continue to serve an indefinite sentence despite the fact that I have been certified by qualified professionals to be of a normal mental state,” he said.