Iuze Mukube
Ex-police officer Vapeni Lucia Boois told High Court Judge Philanda Christiaan yesterday that she has rejected a psychiatric report presented by the State.
The report indicates that she is competent and fit to stand trial.
The 36-year-old is charged with murder and defeating the course of justice in relation to the death of her infant on 21 January 2023 in Keetmanshoop.
Boois is accused of the murder of Amare Alejandro Jose Boois, whom she allegedly stabbed with a knife or a sharp object at least 15 times.
The second count involves burning some clothing and/or other items after burying his body in a shallow grave on Farm Buchholtzbrunn near Bethanie.
Her disapproval of the report contradicts a statement she had made last year before Judge Hosea Angula, that she wants her case to be finalised.
The accused had then been relentless in proving that the delay was causing her mental and health problems.
Resultantly, Angula had allocated the matter to Judge Christiaan for finality.
However, things have taken a new twist, and it appears she is the one delaying her trial.
For instance, she first disputed the psychiatric report and then the trial itself, stating she was being tried twice for the same matter.
Boois claimed that since her case had already been resolved in the Regional Court, she should not be tried in the High Court.
“This is high treason. There is no way this is legal; it’s illegal. This is taking a different turn from what I legally know,” she said.
She may have been referring to the term double jeopardy, which provides one not to be tried again for the same offence after they have been either acquitted or convicted of that offence.
Judge Christiaan responded that her trial is being handled in accordance with the Criminal Procedure Act, where she must be prosecuted following a psychiatric evaluation under observation with the report she is now contesting.
Boois has been representing herself after she had requested her defence attorney to excuse herself on record as her legal representation.
The former defence attorney Susan Nyatondo, had then requested to be excused on record to court, as Boois had said she does not need her services.
Boois claimed Nyatondo was not assigned by herself but by Angula and that she was essentially betraying her by attempting to indict her instead of defending her.
On the offence, because she was not in the right mind when she committed the act, according to the psychiatric evaluation, she will be held accountable for the crime but under diminished responsibility.
Meaning, she can be convicted but will be given a lesser sentence.
Judge Christiaan ordered a postponement till 31 March 2025, to make way for the subpoenaing of the doctor who provided the psychiatric report. The doctor will explain the procedure under which the report was filed and its findings after Boois disputed the report.
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