No mental assessment for triple murder convict

AN APPLICATION to have triple murder accused Fezile Mjacu referred for psychiatric evaluation was dismissed in the East London Magistrate’s Court yesterday.

Mjacu, 37, was due to be sentenced yesterday for the July 27 2016 murders of his girlfriend Sungulwa Four, 30, his daughter Azipheli, 13, and his son Awonke, 14.

The murders took place in Duncan Village.

His lawyer Zolile Maqhina is hoping to secure a lenient sentence if a psychiatrist finds Mjacu was not in a right state of mind when he committed the murders.

However, regional magistrate Deon Rossouw blocked his move, arguing there were no legal grounds for Mjacu’s psychiatric evaluation.

The magistrate said that during the year that the matter had been on the court roll there had been no indication that Mjacu was not fit to stand trial.

Rossouw further asked if a probation officer’s report had been compiled on Mjacu and whether the officer had ruled that he be referred to a mental hospital.

State prosecutor Bonginkosi Mafa told the magistrate the probation officer had not recommended that Mjacu be referred to a psychiatric ward.

Said Rossouw: “It was never alleged the accused is incapacitated and that he does not understand court proceedings and is unresponsive.

“I cannot refer the accused at this stage.”

Rossouw reiterated there were no grounds to act on Maqhina’s application.

He postponed the case to Thursday for the defence to come up with another strategy before sentencing.

Mjacu shot his family before turning the gun on himself twice but survived. One bullet exited through his right eye and another is still in his head.

Mjacu stunned the court on the day of his trial in July when he pleaded guilty on all counts including three counts of murder, one count of illegal possession of firearm and another of illegal possession of ammunition. —