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Engelbrecht declines to testify
21/02/2008 20:20 - (SA)
Cape Town - Security guard Richard Engelbrecht, accused of the rape and murder of Mitchell's Plain schoolgirl Annestacia Wiese, on Thursday declined to step into the witness stand at the Cape High Court, to testify under oath in his own defence.
After acting Judge Richard Brusser had refused the second defence application for Engelbrecht's referral to the psychiatric hospital for 30 days observation, defence counsel Patrick Loots was given an adjournment to consult Engelbrecht about the pros and cons of testifying.
Loots told the court he had already discussed the issue in depth with Engelbrecht, but that Engelbrecht had not yet said whether he wished to testify or remain silent.
When the court reconvened, Loots said he had again discussed the implications of remaining silent, but Engelbrecht elected to exercise his constitutional right not testify.
Asked by the judge to confirm this, Engelbrecht merely nodded his head.
Aside from the alleged rape and murder of Annestacia, Engelbrecht is also charged with the rape, about two years earlier, of the three-year-old daughter of his former wife, from her previous marriage.
He pleaded not guilty to this charge, and said he knew nothing about it.
Brusser said he had dismissed the first application for referral at the start of the case, and nothing new had been placed before the court to reconsider.
Engelbrecht's defence to the Annestacia rape and murder is "temporary, non-pathalogical criminal incapacity", resulting from his abuse of the drug "tik" prior to the incident.
Essentially, he claims that the effect of the drug rendered him without criminal responsibility for his actions.
The case continues on Tuesday, when the court is to hear closing argument from Loots and prosecutor Mornay Julius.
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