Najwa Petersen was refused bail by the Cape Town Regional Court on Thursday because her history of suicide attempts showed she was a danger to herself.
She is to go on trial on February 25 next year with Abdoer Emjedi, Waheed Hassen and Jefferson Snyders, charged with the murder of Petersen’s husband, internationally known entertainer Taliep.
With Petersen in the dock for the bail application on Thursday was Emjedi, who was also refused bail.
Magistrate Robert Henney referred to argument by Petersen’s counsel, Craig Webster, that Petersen was needed at home to care for her minor daughter. This — together with the inability of the prison authorities to provide the professional care needed for her severe psychiatric conditions — justified her release on bail, Webster had argued.
Henney said Petersen had suffered from multiple, chronic psychiatric disorders, including a bipolar mood disorder. Even while she had been at home in the care of her family, and under psychiatric therapy, she had attempted suicide. The only person who had taken responsibility for her care had been her late husband, he said.
”The court’s concern was who would now take responsibility, and is any such person trained and equipped to do so?”
He said Petersen was barely able to look after herself, let alone a child, and her suicidal tendencies also posed a risk of harm to the child. ”She is not able or capable of looking after the child properly, as far as I am concerned,” he said.
The court also referred Petersen for 30 days’ observation at the Valkenberg Psychiatric Hospital. Her assessment will determine whether she has the capacity to understand the proceedings at her trial next year, and whether she has the required criminal capacity to be held responsible for her actions.
The serious murder charge that Petersen and Emjedi face would result in very severe punishment if they were found guilty, especially for Petersen, who is accused of planning the crime, the magistrate said.
Co-accused Emjedi has no fixed address, and is a flight risk, he said.
Henney said the ”barbaric murder” has attracted enormous public interest in the bail application, and the court has had to control access to the courtroom. ”One could sense the shock, outrage and hurt of the public, even though the murder still has to be proved.”
He was satisfied that the release of the two on bail would outrage the community and undermine public confidence in the justice system. — Sapa