High Court orders test for sanity of accused

Tebogo Kgalemang
Correspondent | Wednesday June 30, 2010 00:00

The state alleges that Boyce Sete, in 2007 at Lerala, wilfully and unlawfully set fire to a house and hut belonging to Joyce Selelo.

Sete told court that he was entitled to release because he was not brought to trial after a lapse of six months.Motswagole dismissed the application and referred the matter back to the Palapye magistrate who had referred it to the High Court.  He wants the accused to be tested for soundness of mind.

The magistrate had referred the matter to the High Court because he indicated that he had reason to believe the accused may be of unsound mind and consequently incapable of conducting his own defence.

The magistrate said he came to this conclusion after he asked the accused some questions and his responses were way off the mark.

The judge, however, differed with the magistrate saying, 'It cannot be said from the answers to the questions raised by the magistrate, that the applicant has been proved to be a person of unsound mind so as to justify the hijacking of a trial'.

Justice Motswagole added that the accused was entitled to a trial in terms of the constitution.

The judge said he has no doubt that the magistrate ought to have proceeded to set the date of trial and to arraign the accused. The judge also indicated that by the magistrate using the expression 'the accused may be of unsound mind', shows he was clearly in doubt yet the subsection requires a judicial officer 'to believe that the accused is of unsound mind'.

He said this also clearly shows that the magistrate held no inquiry. Motswagole also directed that the matter be placed on the priority list as the accused had been in custody for a long time.

He suggested that another psychiatric should make a report. The first psychiatric report indicated that the accused was fit to plead and defend himself.