Roland Routh
Windhoek-The prosecutor general has convinced Judge Nate Ndauendapo to order a second round of psychiatric observations after it disputed that the findings of a state psychiatrist that a man charged with multiple counts of rape and murder suffers from “schizophrenia” and is thus not fit to stand trial.
Doctor Hileni Ndjaba diagnosed Johannes Lukuwa Hausiku with schizophrenia comorbid with substance use disorders in November last year and hence declared him unfit to stand trial.
At that time, Dr Ndjaba said: “The accused is not fit to stand trial. He is incapable of understanding the court proceedings so as to make proper defense. At the time of the commission of the crime, in terms of Section 78 of the Criminal Procedure Act he was mental ill, which makes him incapable of appreciating the wrongfulness of his act.”
But State Advocate Ethel Ndlovu disputed the finding and contended that there are disparities in opinions in the findings of the various therapists.
According to Ndlovu, Hausiku was able to mount a defense when he testified during a trial within a trial dealing with certain admissions and he can still mount a proper defense with the guidance of his State-funded legal counsel. Hipura Ujaha took over the case after the former legal counsel withdrew for being “unable to consult and draw up a proper defense”.
At the time, Mbanga Siyomunji who acted on behalf of Hausiku, lodged an application to have Hausiku observed mentally, but the application was dismissed causing him to withdraw as he could not “with a clear conscious continue to defend Hausiku who is chopping and changing his instructions at will”.
When Ujaha was appointed, he immediately applied to the court for Hausiku to be sent for mental observation, as he was unable to consult and was receiving conflicting instructions. Judge Nate Ndauendapo consented and Hausiku underwent psychiatric observation at the Windhoek Psychiatric Unit from October 17, 2016 to November 14, 2016 and was subsequently declared unfit to stand trial.
During the period under observation, Hausiku told the psychiatrists he was angry because his girlfriend/wife (the mother of the murdered child) was having an affair with another man. According to what he reportedly said, they both came from Kavango to Outjo as a couple and had two children, one being the deceased.
He was aiming to stab Martha and ended up stabbing the boy, because she held him as a shield and he took him to the hospital thereafter and had no recollection of body being cut and thrown away. He denied the rape cases and the rest of the allegations.
The court held that in light of the serious offences the accused is charged with and the contradictory findings by the psychiatrist and the occupational therapist, a re-assessment is warranted. The judge ordered thus that the medical superintendent of Windhoek Central Hospital appoint two psychiatrists to examine Hausiku.
He then postponed the matter to September 15 for the psychiatric report. Hausiku is standing trial on 15 charges emanating from three incidents that took place at Outjo during the first half of 2012. He has denied guilt on all the charges.