Siphiwe Mthembu, 21, appeared in the Durban High Court on Monday for the start of trial but the matter was adjourned pending a report on his mental capacity.
On Monday, advocate Thiagaraj Pillay, a Legal Aid counsel for the accused, requested that the matter be adjourned following information that his client was on psychiatric medication. Pillay said while liaising with Mthembu in the court prison cells, a fellow cellmate told him that his client was on medication. He said when he questioned Mthembu, he confirmed this.
Advocate Krishen Shah, a State advocate, said he was ready to proceed with the trial and that his witnesses were ready to testify.He said Mthembu only began taking medication in 2020.Shah said should the assessment go ahead, he expected it would take six to nine months. He said the necessary forms needed to be filled out and then they had to wait for the Department of Justice to allocate a bed for the accused.
“This is in light of the concerns expressed by the accused’s counsel of which the State is unable to refute. The court, as a matter of extreme caution, makes an order in terms of the Criminal Procedure Act for the referral of the accused to a clinical psychologist and other medical professionals.
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