A man accused of killing his former gay partner with an axe pleaded temporary incapacity in the Cape High Court on Thursday while the prosecution argued that it was a premeditated murder.
Judge Daniel Dlodlo and two assessors heard closing argument in the trial of BSc graduate Michael van Zyl, who has pleaded not guilty to murdering estate agent Andre Weitz at Weitz’s home in Thornton, Cape Town, about two years ago.
Van Zyl and Weitz had a relationship in Bloemfontein but this ended when Weitz moved to the Cape and started a relationship with another partner. Van Zyl later also moved to the Cape, where he became a regular visitor at Weitz’s home.
It is alleged that Weitz took Van Zyl to a bus stop so Van Zyl could travel to KwaZulu-Natal, but instead of boarding the bus Van Zyl returned to Weitz’s home and killed him with an axe.
Van Zyl claims he cannot recall the attack and that he suffered confusion and loss of memory after taking anti-malaria medication for his trip to KwaZulu-Natal.
His counsel, Justin van Rensburg, has raised the defence of ”temporary non-pathological criminal incapacity”, and contends that the attack on Weitz took place while Van Zyl was in a state of automation.
Van Rensburg said it was well-known that Van Zyl was eccentric and suffered mental instability.
In support of this, he pointed out that after the murder, Van Zyl was found naked in the street.
Prosecutor Quinton Appels countered that the murder had been premeditated.
He said his impression was that Van Zyl had in fact not taken the anti-malaria medication.
Appels argued that Van Zyl had instead researched the medication’s effects on the internet then falsely claimed confusion and loss of memory.
Judgement is expected on May 3. — Sapa