Kabelo Masoabi
THE High Court sitting in Leribe has ordered a psychiatric evaluation of a Maputsoe man accused of murder before his trial can proceed.
Ambrose Mphahane is facing a charge of murder arising from the death of his friend and neighbour, Lehlubi Mokhele.
According to the prosecution, the incident occurred on 16 August 2018 when Mphahane allegedly stabbed Mokhele in the stomach with a knife, inflicting fatal injuries.
The state alleges that the attack was carried out without provocation or lawful justification.
During proceedings this week, defence counsel Advocate Selepe raised concerns about his client’s mental condition and ability to meaningfully participate in the trial.
Adv Selepe informed the court that he had experienced difficulties consulting with Mphahane, who allegedly appeared unable to recall events surrounding the day of the alleged killing.
The lawyer further submitted that Mphahane claimed he did not fully understand the nature of the charge against him.
According to Adv Selepe, Mphahane stated that he had even contributed towards the victim’s funeral expenses and appeared confused about why he was now facing a murder charge.
Adv Selepe argued that in the interests of justice, fairness and transparency, proceedings should be suspended pending a medical assessment of the accused’s mental condition.
Presiding judge, Acting Justice ’Manapo Motebele, initially expressed reservations about the request and questioned whether the application was intended to delay the trial.
The judge personally questioned Mphahane in open court to assess his understanding of the proceedings.
In response, Mphahane indicated that he understood he was appearing before the court on a murder charge and acknowledged experiencing significant mental health difficulties.
However, when asked to explain the nature of those difficulties, he was unable to provide clear details.
Justice Motebele observed that it was not uncommon for accused persons to raise illness or incapacity concerns shortly before trial proceedings begin.
The judge noted that such applications can contribute to delays, increase case backlogs, raise costs and inconvenience witnesses who have already appeared in court prepared to testify.
The court also heard that Mphahane lives alone and would require assistance from his cousin, who serves in the military, to travel for medical examination.
Despite the court’s initial concerns, the prosecution did not oppose the application.
State counsel agreed that a psychiatric evaluation should be conducted to determine whether the accused is mentally fit to stand trial and capable of understanding proceedings and properly instructing his legal representative.
Acting Justice Motebele subsequently ordered that Mphahane undergo examination by a mental health specialist.
The assessment will determine whether he is competent to answer the charge and effectively participate in his defence.
Several prosecution witnesses, including key witnesses expected to testify, had already attended court and were ready to give evidence.
However, because of the ordered assessment, the matter was postponed for two weeks pending the outcome of the psychiatric evaluation.
The findings of the examination will determine whether the murder trial proceeds or whether further legal steps concerning the accused’s mental capacity will be required before the case continues.