Axe murder accused 'had no control'

Ntshongwana's lawyer, Themba Mjoli, argued that at the time the crime was committed, his client suffered from a mental illness and had no control over his actions.

 

It could not be conclusively proven that he had the intention to commit the offences, Mjoli said.

 

He further contended that the State psychiatrists who had been called to give evidence had "contrived with the police in a bid to secure a conviction and in the process mislead the court to gratify the State".

 

State prosecutor Rea Mina denied this, saying it had "no basis in fact".

 

Mina argued that Ntshongwana might have had a mental illness, but it did not prevent him from knowing what he was doing was wrong.

 

Judgment in the case, which began in 2012, is expected to be handed down on Tuesday.

 

Ntshongwana has pleaded not guilty to murdering Thembelenkosini Cebekhulu on March 20, 2011, Paulos Hlongwa two days later, Simon Ngidi the next day, and an unidentified man some time that week.

 

He has also denied guilt on two counts of attempted murder, one of assault with intent to do grievous bodily harm, and of kidnapping and raping a woman.

 

Mina said it was common cause, in the State's heads of argument, that Ntshongwana was diagnosed with mental health problems since 2009 when he went to Inkosi Albert Luthuli Hospital in Durban with possible hallucinations.

 

He was then diagnosed as having schizoaffective disorder of the Bipolar type at three other hospitals.

 

Psychiatrists who gave evidence for the State said the same.

 

In contrast, defence witness Professor Aboobaker Ebrahim Gangat, said Ntshongwana was suffering from a delusional disorder.

 

Gangat testified that the accused was beset by delusions of being harmed, poisoned and killed and that in cases where the delusions came thick and fast, the person lost control and could become hostile, aggressive, homicidal and extremely violent.

 

In this highly charged emotional state, where the world of delusions and hallucinations become one with the real world, he lost touch with reality.

 

Actions during this psychotic breakdown may not be able to be recalled.

 

Ntshongwana has said he did not remember the alleged offences.

 

Mina recalled that psychiatrist Dr John Dunn, called by the prosecution, had said that a person who feared being harmed and poisoned would be more likely to stay safely at home rather than go out seeking random people to attack.

 

He testified that delusions did not switch on and off and also felt that the accused's amnesia was selective.

 

Referring to Gangat's testimony that the accused had been acting in the grip of delusions which made him lose touch with reality and unable to control his actions, Mina submitted that he was unable to substantiate his point of view and the court still did not know what the delusions were.

 

"He [Ntshongwana] knew what he was doing," she said.

 

The defence argued that the State had gone to lengths to underplay the seriousness of Ntshongwana's mental condition.

 

Mjoli said that the alleged rape victim had told the court about Ntshongwana's mood swings and delusions and had said he was possessed.

 

When questioned by the defence, she testified that "it was as if there was this animal inside him or there was Satanism inside".

 

Ntshongwana had to abandon his studies because of mental sickness, and all the doctors agreed that he was seriously mentally ill and "his condition is unpredictable", Mjoli told acting judge Irfaan Khalil.

 

(File Photo: Gallo Images)