Windhoek
Judge John Liebenberg yesterday ordered one of the two American murder accused, Marcus Thomas, to undergo further psychiatric evaluation to determine whether or not he is fit to stand trial.
Liebenberg made an order directing that in terms of sections 77 (1) and 78 (2) of the Criminal Procedure Act 51 of 1977, Thomas’ capacity to understand court proceedings so as to make a proper defence and understand his criminal responsibility be enquired into and reported on in accordance with section 79 (1) (b) of the Act.
Section 77 of the Act deals with the capacity of an accused to understand court proceedings, whereas section 78 deals with the ability of an accused to appreciate the wrongfulness of his or her act (at the time of the commission of the alleged offence), or his or her ability to act in accordance with an appreciation of the wrongfulness of his or her act. Section 79 says a relevant medical report is compulsory.
The judge further ordered the medical superintendent of the Windhoek Central Hospital be directed to constitute a different medical panel to conduct the enquiry and to be reported on by a psychiatrist appointed by him, and to identify and contract the services of a neuropsychiatrist, not in the full-time service of the State, as provided for in section 79 of the Act.
Further, the judge ordered that a copy of the evidence provided by Dr Dr Ndahambelela Mthoko during the trial together with a copy of Monday’s judgement be submitted to the medical superintendent of the Windhoek Central Hospital.
Thomas and his co-accused, Kevan Donnell Townsend, 29, stand accused of the murder of Andre Heckmair, 25, in Windhoek on January 7 2011. Heckmair died after he was shot execution style in the head in a car in a quiet street in Klein Windhoek.
The State alleges that Thomas and Townsend planned the killing of Heckmair and travelled from the United States of America to Namibia near the end of December 2010 to carry out their plan.
They are also accused of having sent a firearm silencer to Namibia from Finland and of having illegally imported two pistol barrels into the country, before they illegally bought a pistol and ammunition in Namibia.
During a five-week period of psychiatric observation from March 10 to April 16 this year, Thomas was found to have difficulties with his memory, that his ability to acquire and process knowledge was impaired, and that he struggled with abstract reasoning. Dr Mthoko reported on behalf of a panel that was involved in examining Thomas’ mental state in May.
Mthoko stated then that the panel concluded that Thomas was “not fit to stand trial” at the time the report on his mental condition was written on April 30.
In May Deputy Prosecutor General Antonia Verhoef, who is representing the State, informed Judge Liebenberg that the State had a number of problems with the report. She said the report was incomplete and difficult to follow.
Verhoef then asked the judge to issue a subpoena for Dr Mthoko to testify in court in order to explain the report and the findings. The two acccused were arrested in Windhoek a few hours after the killing of Heckmair. They have been in custody since their arrest.
Defence lawyers Monty Karuaihe and Joshua Kaumbi are representing Thomas and Townsend respectively, on instructions of the Directorate of Legal Aid.
Last year Thomas attempted to escape from the Windhoek prison where he is being detained.