The Directorate of Public Prosecutions (DPP) lead Prosecutor, Mrs Khumoetsile Tirelo, has requested Village Chief Magistrate, Lenah Oahile-Mokibe, for the accused, 22-year-old Thabo Masilo, accused of murder, to go for psychiatric evaluation pending investigations.
Tirelo argued on Friday that investigations are almost completed and requested for official documents from the court to accompany the accused for psychiatric evaluation. She added that they need court order to support government application for psychiatrist test.
“The prosecution application for the psychiatric evaluation is even being courteous, in fact, considering that this is a murder case and we do not need the accused consent for him to be sent for evaluation also the same rights are not absolute especially,” said Tirelo.
She further argued that the supporting court order memorandum will also give them priority for psychiatrist evaluation to avoid long bookings since it is a murder case.
Tirelo told the court that the state was ready to commit the murder case to the High Court.
The lead prosecutor also told a fully packed Village Magistrate Court that the prosecution had compiled necessary statements and other documents but was only awaiting a forensic report.
In his argument, representing the accused, Kgosietsile Ntwaagae, opposed the medical psychiatric examination on the accused requested by DPP and added that by doing so, he is clearly invading his client’s privacy and rights by the medical examination he had not even ask for.
“We object to the request and by doing so this court will also be driving out of its mandate,” said Ntwaagae.
He further added that his accused client, Masilo, has a hearing problem but is not deaf, which is also in government medical records. He added that the accused has either lost or misplaced his hearing aid.
Ntwaagae asked for Prisons authority for an audiologist to check in order for him to follow the court proceedings.
Former Botho College student, Masilo, is charged with various criminal offences such as murder, rape, robbery and theft, indecent assault, house break in and armed robbery. He is alleged to have killed a St Joseph College student on November 16th in Phase 4, shortly after she wrote her last Form Five exam. He has been remanded in custody for his own safety.
The case is scheduled for January 31st for case management mention.