Serial rapist 'normal' - judge

2004-06-22 18:13

Johannesburg - South African serial rapist Fanwell Khumalo has failed in his attempt to be sent for mental observation before being sentenced on 103 charges of rape, kidnapping and indecent assault.

Judge Max Labe refused the application in Johannesburg High Court on Tuesday, and postponed the trial and sentencing to August 4.

Last week, defence counsel Mike Miller submitted there was a "reasonable possibility" that the Gauteng chef - a rapist of at least 30 children - had "diminished responsibility" because of a head injury some years ago.

However, Labe pointed out there was no corroboration of this claim from Khumalo's brothers or mother, and that Khumalo had refused to be seen by a psychiatrist chosen by the State.

Even the psychiatrist for the defence had conceded Khumalo knew the difference between right and wrong, said Labe.

He said evidence suggested Khumalo acted in a "goal directed and focused" manner with his victims, not in a way that indicated he had lost the ability to control his actions. <><><>

The judge said "the accused acted completely normally at all times" during the more than 80 days in court.

Khumalo remains in custody until the leading of evidence and sentencing.

During Khumalo's trial more than 40 girls gave evidence against "the man with the squint eye".

He would tell the girls 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 the charges.

- SAPA