Fanwell Khumalo, convicted in February on 103 charges of rape, kidnapping, and indecent assault, was back in court on Monday seeking mental observation before he is sentenced.
His application in the Johannesburg High Court is strongly opposed by prosecution counsel Marile van Heerden.
Psychiatrist Michael Leon Slutzkin testified for the defence on Monday. He said the possibility of Khumalo having suffered brain damage should be investigated.
Slutzkin said Khumalo had spent a year with traditional healers after his twin sister died at the age of nine. Since then Khumalo claimed he had epileptic seizures and hallucinations, and had experienced periods of memory loss, said Slutzkin.
The psychiatrist also said a vehicle accident, which had left Khumalo with a limp, could have resulted in brain damage with ”irresistible impulse” and ”diminished control”.
Van Heerden, in opposing the application, argued that during Khumalo’s 90 days in court he had always been completely in control, and had even assisted counsel with defence.
She also reminded Slutzkin that when Khumalo had talked about his crimes he had ”at no stage claimed he was unable to control his actions”.
Rather, he had claimed he was bitter when he saw children who had more than he did.
Slutzkin conceded Khumalo, who is a chef from Yeoville, was able to distinguish between right and wrong.
The closing argument in the application for 30 days observation in a mental hospital will be given on Thursday, and judge Max Lube will rule next week.
During his trial more than 40 children gave evidence against Khumalo — ”the man with the squint eye”. Apparently he would tell the children he was a policeman to make them come with him, and then rape them.
In February — three years after he was arrested — he was finally convicted on 30 charges of rape, as well as many other lesser charges. — Sapa