Men­tal fit­ness dilemma drags on into 11th month

Daily Dispatch - - News - By ZWANGA MUKHUTHU

A FOR­MAL in­quiry into the men­tal well­ness of at­tempted mur­der ac­cused Dalux­olo Ny­ovane will be held in the Mdantsane Re­gional Court on Thurs­day.

The state was hop­ing the in­quiry would be pushed for­ward to two weeks’ time but Mdantsane re­gional mag­is­trate Twanet Olivier said: “Novem­ber 27 is a bit long for some­one who is ill.”

Last week an­other mag­is­trate, Joel Ce­sar, or­dered that the in­quiry be held with­out de­lay as the ac­cused had al­ready been in cus­tody for 11 months with­out a trial date.

Olivier yes­ter­day re­minded the state that all nec­es­sary doc­u­men­ta­tion needed for the in­quiry was at­tached to the docket.

The mag­is­trate said the only thing out­stand­ing was a date for a hos­pi­tal bed at the Fort Eng­land psy­chi­atric hos­pi­tal where Ny­ovane, 27, was to be re­ferred as a state pa­tient.

He is ex­pected to re­main in the hos­pi­tal sec­tion of the West Bank max­i­mum prison un­til the bed is avail­able.

Ny­ovane, who was de­clared un­fit to stand trial by a state psy­chi­a­trist last Wed­nes­day, ap­peared in the Mdantsane Mag­is­trate’s Court yes­ter­day in the same clothes.

The psy­chi­a­trist found that Ny­ovane was “in­ca­pable of fol­low­ing court pro­ceed­ings”.

How­ever, the di­rec­tor of pub­lic pros­e­cu­tions in Gra­ham­stown has de­cided that a re­gional court should con­duct its own in­quiry into his men­tal state be­fore mak­ing a fi­nal de­ci­sion.

Two of his fam­ily mem­bers also at­tended the pro­ceed­ings but did not speak to him in the court­room.

Through­out the hear­ing Ny­ovane looked on im­pas­sively from the dock.

He has been in cus­tody since De­cem­ber af­ter he al­legedly put a five-year-old boy into coma by smash­ing his head against a tar road.

Ny­ovane was ar­rested three days af­ter Christ­mas af­ter he al­legedly walked up to Lathitha Make­leni and grabbed him around the throat be­fore lift­ing the young­ster off the ground and slam­ming him head-first into the road in NU3.

Lathitha was play­ing in a street out­side his home with friends.

The at­tack left Lathitha in a coma for a month. He never fully re­cov­ered.

Newspapers in English

Newspapers from South Africa

© PressReader. All rights reserved.