�Killer BDF soldier� files insanity defence
Lebogang Mosikare | Wednesday February 17, 2016 16:12
The accused, Thebe Njavera (26), allegedly killed his two young children aged four and two at Somerset location in 2013. Defence attorney, Reneetswe Rabosotho, applied before Justice Barnabas Nyamadzabo for Njavera to be treated as a lunatic at the time he committed the offence.
“The parties involved in the matter needed time to explore ways in which this matter will be dealt with. This is not a simple matter…we will proceed with this matter under Section 158 and 160 of the Criminal Procedures and Evidence Act,” said Rabosotho.
Sections 158 and 160 respectively deal with inquiry by court as to the lunacy of the accused and defence of lunacy at preparatory examination.
“It was brought to my attention that as of January 26, 2016 the accused was discharged from the psychiatric ward at Jubilee Hospital where he was being treated. Unfortunately that information is in his medical card. We were unable to bring it to court.
“We have established that the accused was attended by one Dr Adrian and we humbly pray that an order be made directing Dr Adrian to make a report for him to depose an affidavit pertaining to the accused person’s discharge from the psychiatric ward,” Rabosotho said.
The defence attorney also said that he was alive to the fact that the prosecution has served them with a report which indicates the accused’s state of mind at time of commission of offence.
“The said report was prepared on March 30, 2013. It is our view that the report by Dr Paul Sidandi which forms the basis of our proposal that the matter be dealt with in terms of Sections 158 and 160…We however, plead with the court to postpone opening of the inquiry into the accused person’s state of mind at the time of commission of offence until the court has Dr Adrian’s report. We pray that the matter be postponed,” said Rabosotho.
Attorney Kuda Mbonini from the Directorate of Public Prosecutions (DPP) confirmed Rabosotho’s statements.
Nyamadzabo granted Rabosotho’s request as applied for. He also directed Jubilee Hospital to release the psychiatric report of the accused adding that the accused shall further be remanded in custody.