WATCH: Amber Lee Hughes sentencing proceedings: Sterkfontein assessment looms
The Johannesburg High Court has ordered arrangements for Hughes to be transported to Sterkfontein Hospital on dates to be agreed as it considers the defence’s application to reopen its case and present further expert evidence.
The sentencing proceedings against convicted child murderer and rapist Amber Lee Hughes continued in the Johannesburg High Court on Tuesday, October 13, with the court considering arrangements for proposed expert assessments as part of the defence’s application to reopen its case in mitigation.
Defence attorney Marius Bouwer and Judge Richard Mkhabela discussed the availability of experts and the time required for the proposed assessments and reports, should the court grant the application.
The proceedings follow an earlier dispute over whether the defence should be permitted to present further psychological or psychiatric evidence before sentencing.
Court considers expert assessment arrangements
During Tuesday’s proceedings, Bouwer indicated that November 24, December 1, 3 and 4 were possible dates for the proposed expert evidence.
The court also considered the timing of the assessments and when the resulting report could be made available. The discussion included the possibility of the experts completing their evidence on the same day, depending on the issues addressed in their joint minutes.
Judge Mkhabela emphasised the need to consider the potential delay in the sentencing proceedings when determining whether reopening the defence case would be in the interests of justice.
The judge questioned the defence about the circumstances surrounding its earlier decision not to call an expert witness during the mitigation stage.
Defence explains earlier decision
Bouwer explained that the defence had proceeded on the understanding that the State would call a psychiatrist who had previously assessed Hughes as part of an evaluation relating to her fitness to stand trial.
He submitted that the psychiatrist had access to the relevant records and had personally interacted with Hughes. According to Bouwer, the assessment included a diagnosis of borderline personality disorder and information about how the condition could affect a person’s reactions in certain circumstances.
He told the court that this had informed the defence’s decision not to call its own expert, also referring to financial constraints.
Judge Mkhabela questioned whether the defence had still expected the State to call the psychiatrist when it closed its case on February 20.
State advocate Rolene Barnard disputed the defence’s account of when it became aware that the psychiatrist would not be called, referring to an indication allegedly made in March.
The timing and circumstances surrounding the defence’s decision formed part of the court’s consideration of the application.
Court examines legal requirements for reopening case
The proceedings also focused on the legal principles governing applications to reopen a case after the evidence has been closed.
Bouwer referred to case law in support of his submission that the court could permit a case to be reopened where the relevant requirements were met.
Judge Mkhabela questioned the authority relied on by the defence, including whether it dealt with an application to reopen a defence case during sentencing proceedings.
Bouwer explained that the case concerned an application to reopen proceedings to correct evidence relating to a time discrepancy. He argued that the principles established in that matter were relevant to applications to reopen a case more generally.
The court also considered the materiality of the proposed evidence and the potential effect of further proceedings on the sentencing process.
Directions regarding proposed assessment
Judge Mkhabela directed that Sergeant Kenzo Reed, the investigating officer, transport Hughes to Sterkfontein Hospital on dates to be agreed upon.
Daphne Khensani Makhubele, head of the Johannesburg Prison’s female section, was also directed to facilitate the necessary arrangements and take the steps required to enable the investigating officer to transport Hughes to the hospital.
The proceedings went into recess before resuming after lunch.
The court’s consideration of the application to reopen the defence case remains central to the next stage of the sentencing proceedings.
WATCH: Defence seeks to reopen case in Amber Lee Hughes sentencing
