The Directorate of Public Prosecutions (DPP) Prosecutor, Kutlo Tsekane, standing in for Khumoetsile Tirelo in the murder case of 22-year-old Thabo Masilo has confirmed to court the date scheduled for the accused’s psychiatric evaluation.
Prosecutor Tsekane told the Village Magistrate Ephrais Ndekwa that DPP had booked for Masilo’s psychiatric examination and evaluation report for March 20th 2013 – pending investigations.
Tsakane said that the psychiatric evaluation will determine whether Masilo is mentally fit to stand trial. He added that they have the desire to expedite the matter as much as the defence.
“We are experts in a field of law but not psychiatry and the only thing we want is psychiatric evaluation of accused and the psychiatric report; we are after justice,” said Tsakane.
In his argument, representing Masilo, Kgosietsile Ngakaagae opposed the psychiatrist’s examination on the accused, saying that Prosecutor Tirelo was delaying the case while his client has been in custody for over three months now. He stated that the prosecution team has never given him anything regarding the progress of the case. He said no concrete facts have been put before the court of law.
“Prosecution never mentioned exactly why my client has to be taken for psychiatric evaluation,” said Ngakaagae.
He also pointed out that he challenges the prosecution over the psychiatric evaluation, and emphasized that his client should not be subjected to evaluation. Ngakaagae further dismissed the request of DDP for psychiatric evaluation and pointed out that Masilo should not cooperate and should not respond during the examination and evaluation.
“It is unlawful to do that exercise without the consent, treating him like a guinea pig; our position is that there will be no committal without any statement,” said Ngakaagae.
Masilo, a former Botho College student, is charged with various criminal offences, including murder, rape, robbery and theft, indecent assault, house breaking and armed robbery. He is alleged to have killed a St Joseph’s College student on November 16th in Phase 4, shortly after she wrote her last Form Five exams. He has been remanded in custody for his own safety.
The case is scheduled for mid February for case management mention while the DPP has booked him for psychiatric examination on March 20th.