Double-murder accused Mthunzi Banga has been sent to Fort England Hospital for further psychiatric evaluation.
Double-murder accused Mthunzi Banga has been sent to Fort England Hospital for further psychiatric evaluation.
Banga’s new attorney, Advocate Jodine Coertzen, believed that it would be better for Banga to be observed and evaluated so that the state of his mental health could shed more light on the case.
Two state witnesses were recalled to court and were questioned about Banga’s state of mind when he was questioned by the police and taken in.
Inspector Zukile Mpiyane and Captain Riaan Havenga gave their accountsof when Banga made his statement. Havenga stated that he appeared to be fully in control of himself when being questioned. Mpiyane, who acted as the interpreter when Banga was being questioned by Havenga in Afrikaans, agreed saying that he did not remember seeing any Banga behaving abnormally during the questioning.
Banga has been accused of killing local businessman Andrew Jevons and his domestic worker Boniswa Mzizi earlier this year. He stated in his plea that he was mentally ill when he committed the crime. Banga kept his head down while an interpreter informed him of what was going on.
Coertzen explained to the court that the reason why she believes Banga’s mental status should be re-examined by the penal of Fort England doctors was because "I found it difficult to talk to him and because he kept looking at the floor". She further said that "it took 45 seconds for him to answer questions and often the answers would make no sense".
Coertzen then applied for the Criminal Procedure Act, sections 77, 78 and 79, in order to allow Banga to be examined because she believed that "my client had a right to be observed specifically to see whether he was fit to stand trial and appreciate the difference between right and wrong".
Deputy director of Public Prosecutions, Advocate Malherbe Marais said that he had no problem with the request of the accused being examined again for any signs of mental instability. He further stated that he would be out of the country until 21 August and asked that the case be postponed until then. It was then agreed in court that the case be postponed untill then.
Banga seemed confused when the judge told him his fate and put his hand up as if he was making an oath. The judge repeatedly asked why he had his hand up, "Am I to assume you have a question?" Marais asked. But Banga had no answer. The court agreed on the postponement and the trial will continue next month.
