Bipolar murder accused to stand trial

Mbuyiselo Fish is accused of the rape, assault and murder of his girlfriend, Bettie Thenza. Photo: Danie van der Lith

Mbuyiselo Fish is accused of the rape, assault and murder of his girlfriend, Bettie Thenza. Photo: Danie van der Lith

Published Jun 8, 2015

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Kimberley - A Kimberley man, accused of raping, beating and then killing his girlfriend, will return to court to face charges once his medical condition has improved.

Mbuyiselo Fish is accused of the rape, assault and murder of his girlfriend, Bettie Thenza, in Promised Land in 2013, and will return to court once his condition (bipolar mood disorder) improves after receiving treatment at the West End Psychiatric Hospital.

Fish broke down during cross-examination in the Northern Cape High Court on Friday, where he insisted that he would not be returning to his cell.

“After all I have been through at the correctional centre, I choose not to go to prison. Give me a date so that I can be admitted to West End hospital. I don’t know anymore where to now,” he cried.

He complained that inmates were being badly treated and that he was being treated like an ordinary criminal while he was actually under observation.

Fish, who is representing himself, recommended that psychiatrist Dr Keith Kirimi, who diagnosed him with bipolar disorder, be allowed to ensure that he was taking his medication by personally administering his pills to him at home.

“I will be placed under the care of my sister and the doctor can decide if I am fit to proceed during my next court appearance.”

He pointed out that during his incarceration he was not given any prescription medication for an entire month.

“The absence of medication could have caused my relapse. I was treated like any other inmate at the correctional facility and not like a patient under observation, which added to my stress.”

Kirimi said Fish’s condition could be managed within the space of a few weeks while he is treated as an outpatient after which he could stand trial.

Fish was sent for a 30-day observation at West End Hospital where he underwent psychiatric interviews, brain scans, physical and neurological examinations and blood tests to determine if he was fit to stand trial.

Kirimi pointed out that while declaring Fish a State patient could be considered, the medical professionals who examined him found that his functioning processes were intact.

“Most of us were of the view that it is possible to stabilise him in a short period of time.”

He added that Fish was “not well” and had shown signs of a relapse during his psychiatric assessment.

Kirimi stated that the team that evaluated him agreed that Fish exhibited hypomanic symptoms.

“Symptoms of hypomania include an elevated mood, extreme irritability, aggression, delusions of paranoia where the accused may be fearful that people are trying to harm him, incoherent speech and racing thoughts. In our recommendations we proposed that he be admitted as an involuntary patient at a mental facility until he is stabilised. Treatment will continue until he is no longer a danger to himself and society.”

He explained that while there was a severe shortage of beds at mental facilities, it would be possible to arrange for Fish’s admission on Friday.

He added that he had previously observed Fish in a depressive state.

“Bipolar disorder is quite common and moods may fluctuate from depression to manic. Important factors that contributed to his relapse include not taking the prescribed medication as well as the stressful nature of the court proceedings. Under traumatic situations we advise patients to increase their dosage.”

Kirimi also pointed out that, based on the psychiatric risk assessment, Fish’s history was littered with non-compliance to treatment and anti-social behaviour.

“He was not taking his medication and this makes me reluctant to admit him as an outpatient. If he is admitted as an involuntary patient, he will be properly observed by nursing personnel, medical officers and psychiatrists in hospital to ensure that he complies with treatment.

He explained that the psychiatric observation was not meant to be a treatment process.

“In this instance, the accused was not on medication during observation. During the last week of the observation process we had advised that Fish needed to start medication. Treatment was important so that other clinicians in the observation process could make their findings.”

Kirmi stated that a number of reasons, including the lack of prescription medication, could have resulted in the relapse.

“It is a correctional facility where prisoners with other illnesses are detained and is not entirely a hospital environment.”

He also said he was not aware of any violations relating to Fish’s medical treatment while awaiting trial.

Kirimi indicated that during their observations, the panel concluded that the accused had relapsed and would not be able to adequately follow court proceedings or give evidence.

Legal Aid South Africa advocate Dirk Van Tonder, who was involved with the defence at some stage, was called in to assist during cross-examination of Kirimi, said that from the date the trial started on November 2014, the accused had changed legal representation four times.

“At the start of the trial, the first legal representative withdrew from the matter due to some misunderstanding between himself and the accused. Another legal representative was appointed for the accused but was unable to get relevant instructions from the accused. A third legal representative was appointed but also did not succeed in getting coherent instructions from the accused.”

Fish then decided to represent himself.

“There is no sufficient information to determine whether or not the accused was in a relapsed state during the trial itself,” Van Tonder stated.

He added that an accused could be referred as a State patient at any stage during the trial as well as after a conviction.

“A final ruling regarding whether he should be declared a State patient, should not be made at this stage in the interests of the accused. During this time more information can be obtained from the previous legal representatives of the accused as well as from sections of the court records that could indicate if there was a relapsed state. It would be beneficial in the interim for him to receive medical treatment for the bipolar mood disorder in hospital as the disorder is treatable.”

State prosecutor Joyleen Mabaso, pointed out that the medical report indicated that at the time of the incident the accused knew that he had committed a wrongful act.

Judge Mpho Mamosebo postponed the case until August 4 and said West End Hospital should advise the court by July 27 if further detention was required and for how long.

“The accused will be detained under the Mental Health Care Act and be managed as an involuntary patient until he is stable enough to stand trial.”

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