The Annestacia Wiese murder trial was postponed on Tuesday for the Cape High Court to rule on an application that the Department of Health provide an expert to testify about the accused’s state of mind.
The matter was postponed to Thursday.
Murder accused Richard Engelbrecht has, in fact, pleaded guilty to the rape and murder of the 11-year-old Wiese. But because he claimed to have had non-pathological temporary criminal incapacity, caused by his abuse of the drug tik, the court noted a plea of not guilty.
The application was launched by defence counsel Patrick Loots, who wanted the testimony, at state expense, of an expert to confirm Engelbrecht’s state of mind at the time of the incident.
Acting Judge Richard Brusser, who presides in the case, said the court did not have the power to order the Department of Health to provide such an expert.
Loots contended that the court did, and that such an order was in the interests of justice.
After the judge and Loots had debated the issue for a considerable time, the judge said the matter was of some importance and that he needed time until Thursday to consider it. — Sapa