Axe murder accused’s mental switch questioned

THE third day of former Blue Bulls player and axe murder accused, Phindile Ntshongwana’s trial started with a bang, when Themba Mjoli, put it to state witness, psychiatrist Dr Bertram Brayshaw that he was there to clean up for other state witnesses before him and to embellish the evidence, in Durban High Court on Wednesday, 16 July.

On Tuesday, Brayshaw had testified that Ntshongwana was highly intelligent and understood the seriousness of the charges against him. Brayshaw also stated that if Ntshongwana refused to communicate, it would not be to mental illness, but it would be deliberate.

On Wednesday, Mjoli said his client was unresponsive when he had tried to communicate with him in Westville prison’s hospital ward. Brayshaw however, said he (Ntshongwana) was polite, articulate and intelligent and answered all questions except those relating to the offences he is alleged to have committed.

The day’s proceedings followed from the previous day’s. This session of the trial centred around the divergent opinions of professional psychiatrists. At one point, Mjoli questioned Brayshaw about Professor Abubuker Gangat’s qualifications, which include lecturing at Mendusa and being a published author. Mjoli added that Brayshaw brushed aside Gangat’s evidence. The psychiatrist responded by saying that it was not his intention to do so, but that he disagreed with some of the evidence given.

Earlier while giving his evidence, Brayshaw said: “I was concerned about the claims he (Ntshongwana) did not remember anything. I found it unconvincing.”

Responding to dogged questioning from Mjoli, Brayshaw’s stance was that since Ntshongwana had made attempts to hide the axe and the bloodied clothes in a dog kennel as well as flee when being confronted about his actions, he was able to distinguish between right and wrong.

“If a person is so mentally ill, it would not switch itself off during the day and on during the night – I have never disputed that he is mentally ill. All I said was there was not enough evidence that he was so mentally ill that on those nights he could not distinguish between right and wrong,” said Brayshaw.

He disagreed that the acts could have been committed in a deluded state. However, he did concede that the experts are guessing about Ntshongwana’s state of mind when he committed the alleged acts. He said no-one really knew what happened or went on in his mind.

During the proceedings, Ntsongwana seemed to listen intently to the questions and answers given about his state of mind during the alleged crimes.

The court was adjourned for lunch at 1pm and due to resume at 2.15pm, before which Mjoli asked for a break to take instructions from the accused’s mother before he was due to close his questioning of Dr Brayshaw.