Johannesburg - There was an unexpected turn of events during Donald Sebolai's murder trial when the State asked the court not to allow his clinical psychologist to testify.
Professor Saths Cooper had been billed to testify for Sebolai on Tuesday and the State had already been given copies of his report on the results of his consultation with Sebolai.
However, Advocate Elle Le Roux said Cooper should not be allowed to take the stand, saying his evidence was irrelevant and was going to waste the court's time.
“It is not in the interest of justice to hear the irrelevant evidence that will be wasteful to court's time and won't contribute anything to points that the court needs to adjudicate on,” she said.
Sebolai faces charges of theft, defeating the ends of justice and murder for the killing of his lover Dolly Tshabalala a year-and-half ago in Soweto.
The former Jozi FM DJ has pleaded not guilty to the charges, saying on the day of the killing Tshabalala was trying to stab him with a knife. As he wrestled with her for the knife, she was stabbed on the thigh and died. Sebolai said he was in such a shock that he fled.
The defence wanted to Cooper to testify about Sebolai's state of mind after Tshabalala's death, especially with regards to the shock he claims overcame him. His lawyer, Advocate Thabang Mathopo said Cooper's evidence was not meant to bolster Sebolai's version but to help the court make a fair decision on his state of mind at the time.
“The accused said he was in a state of shock. The court needs to know that explanation of that state of mind and what he meant,” he said.
However, Le Roux was having none of it. She said Sebolai's state of mind after the killing of Dolly was “completely irrelevant” and whether the defence was implying that he now needs to go for a 30 day mental observation.
She also said Cooper only consulted with Sebolai a year after the incident and that the report he compiled only regurgitates what he was told during the therapy session.
“He put that version forward as a fact. All he did was to listen to the accused, repeat his evidence, then came to certain conclusions,” she said.
Cooper was expected to be in court after lunch where it would be determined whether he should take the stand or not.
The Star