The sentencing proceedings against convicted child murderer and rapist Amber Lee Hughes in the Johannesburg High Court were interrupted today (September 18) by a lengthy debate over whether the defence should be allowed to reopen its case and call a psychologist or psychiatrist.

According to Southern Courier  the issue arose after social worker Carina Wolmarans gave evidence about Hughes’ background and history, including her mental health history and medication

Judge Richard Mkhabela questioned whether further expert evidence was necessary to assist the court in determining whether Hughes’ circumstances had any bearing on her state of mind at the time of the child’s death.

Defence says expert evidence could be crucial

Defence attorney Marius Bouwer told the court that the defence had previously considered calling a forensic psychologist or psychiatrist but decided against it.

He said the defence understood that the state intended to call a psychiatrist who had previously assessed Hughes while she was in state custody in connection with proceedings concerning her fitness to stand trial.

The defence therefore did not call its own expert, believing the psychiatrist would be called by the state.

However, the state later indicated that the psychiatrist would not be called.

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Judge questions decision not to call expert in Amber Lee Hughes case Judge Mkhabela questions why the defence did not reconsider its decision after learning that the State would not call a psychiatrist who had previously assessed Hughes. Full story on southerncourier.co.za

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Judge Mkhabela questioned when the defence became aware of this and whether it should then have reconsidered its decision before closing its case.

Mkhabela also questioned whether Wolmarans’ evidence left a gap because she is a social worker rather than a psychologist or psychiatrist.

Wolmarans had testified about Hughes’ background, including aspects of her mental health history, but the judge previously intervened when her evidence moved into areas requiring specialised psychological or psychiatric expertise.

Bouwer argued that Section 186 of the Criminal Procedure Act gives the court discretion to call a witness when the evidence is considered essential to reaching a just decision.

He said expert evidence could assist the court in understanding the possible relationship between Hughes’ background and her state of mind at the time of the offence.

He agreed that any psychologist or psychiatrist would first need to properly assess Hughes before providing an opinion, which could involve consultations with her while she is in custody.

State opposes reopening case

State advocate Rolene Barnard opposed the calling of further expert evidence under Section 186.

She argued that the evidence already before the court provides sufficient information for the judge to make a sentencing determination.

Barnard also addressed allegations of abuse raised during the proceedings.

She told the court there was no evidence on record establishing physical abuse, while Hughes’ former partner, Elie Challita, had testified that the couple verbally abused or disrespected each other during arguments.

Challita also said he did not know who started the arguments.

Challita questioned about relationship

Earlier today, Bouwer resumed his cross-examination of Challita, focusing on the couple’s relationship, the day the child drowned and WhatsApp conversations between Hughes and Challita.

Bouwer questioned Challita about a work trip to Polokwane on the day of his daughter’s drowning and Hughes’ version that she felt betrayed by his actions.

Challita said he had travelled to Polokwane for work, including looking for a house and attending to company business.

He said he was emotionally unhappy with Hughes at the time but rejected the suggestion that he could speak for how she felt.

“I know how I felt, but I don’t know how she felt,” he told the court.

Abuse allegations disputed

Bouwer put it to Challita that evidence before the court indicated Hughes had suffered emotional and physical abuse during their relationship.

Challita strongly disputed the allegations and said he wanted to see evidence supporting them.

He acknowledged that both he and Hughes disrespected each other during arguments but denied physically abusing her.

The defence also suggested that Challita had isolated Hughes from her family and friends.

He rejected this, saying he encouraged Hughes to visit her family and that she often chose to remain at his home.

WhatsApp messages scrutinised

The defence also questioned Challita about a bundle of WhatsApp conversations exchanged between November 2021 and March 2023.

Bouwer argued that the messages showed Hughes repeatedly expressed affection for the child and referred to numerous conversations about the child during the couple’s relationship.

Challita said it was natural for his daughter to feature regularly in their conversations during their 18-month relationship.

When asked about specific exchanges previously placed before the court, he repeatedly said he could not recall the exact conversations without reviewing the messages.

The State intervened at one point to clarify how some of the WhatsApp exhibits had previously been presented during Hughes’ testimony.

Gifts and finances

Bouwer also questioned Challita about gifts exchanged during the relationship, Hughes’ financial circumstances and claims that items were taken back after break-ups.

Challita said he could not fully remember some of the incidents but maintained that Hughes had spoken about accessing money from a trust fund.

He also said he had financially assisted her during periods when she was unemployed.

The court will return to the issue on October 13, when it will consider whether Hughes should be allowed to reopen her case and present additional expert evidence.

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