Iuze Mukube
The inquiry concerning the mental condition of Vapeni Lucia Boois, specifically her trialability and criminal responsibility, was yesterday confirmed by Judge Philanda Christiaan.
Boois, a former police officer, stands accused of murder and defeating or obstructing the course of justice in relation to the death of her one-year-old baby on 21 January 2023 in Keetmanshoop.
Christiaan found that Boois, at the time of the commission of the act, was criminally responsible for the act, but with diminished accountability.
She stated the accused’s capacity to appreciate the wrongfulness of the act, or to act in accordance with an appreciation of the wrongfulness, was diminished by reason of mental illness or mental.
The court may take the fact of such diminished responsibility into account when sentencing Boois.
The report in contention was a psychiatric evaluation submitted by senior psychiatrist Hileni Ndjaba, where the accused was diagnosed with borderline personality disorder.
It evaluated whether she is fit to stand trial, possessing the capacity to understand the proceedings, and to properly instruct counsel in her defence.
Ndjaba found that at the time of the commission of the offence, the accused was suffering from depressive symptoms, and exhibited traits of a borderline personality.
However, she could appreciate the wrongfulness of her conduct and of acting in accordance with such appreciation, albeit with diminished responsibility. As such, she was deemed both triable and criminally accountable.
The accused disputed the findings contained in the report, asserting that she was not suffering from any mental condition at the time of the commission of the offence, and that she is fit to stand trial.
She explained that although the accused was diagnosed with borderline personality disorder combined with persistent depressive disorder, she retained the cognitive ability to appreciate the wrongfulness of her conduct, and to understand the consequences of her actions.
However, due to emotional instability, impulsivity and impaired coping mechanisms associated with her condition, her capacity to act in accordance with that appreciation was compromised.
Christiaan was satisfied that although the accused was suffering from a mental disorder at the time of the commission of the offence, such a condition did not render her incapable of appreciating the wrongfulness of her conduct, or of acting in accordance with that appreciation.
The matter was postponed to 20 May 2025 for fixing of trial dates.