Child murder accused blames tik
27/02/2008 08:06  - (SA)  

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Cape Town - Security guard Richard Engelbrecht on Tuesday persisted in his defence of "temporary, non-pathological criminal incapacity", as his trial for the alleged rape and murder of 11-year-old schoolgirl Annestacia Wiese drew to a close.

He claims that due to his abuse of the drug "tik" prior to the alleged rape and murder, he lacked criminal capacity, and can therefore not be held responsible for his actions.

His counsel, Patrick Loots, again offered the defence in closing argument before acting Judge Richard Brusser and two assessors.

Both Loots and prosecuting counsel, Mornay Julius, had presented the judge in chambers with their written closing argument on Monday.

Asked by the judge what facts were before the court to show that Engelbrecht lacked criminal responsibility at the time of the Wiese alleged rape and murder, Loots replied: "The facts are contained in my written argument."

Brusser had twice during the trial refused to refer Engelbrecht for psychiatric assessment, and at Tuesday's proceedings added: "The court cannot refer an accused for psychiatric evaluation, simply because he consumed a few grams of some substance."

Engelbrecht refuses to testify

Engelbrecht is also charged with the alleged rape of the three-year-old daughter of his previous wife, from a previous marriage.

Brusser said he appreciated Loots's difficulties, but added that the mere use of liquor or drugs did not mean an accused person was not criminally responsible for his actions.

Loots replied: "I hope you appreciate my difficulties."

Loots said he had not presented the court with expert testimony concerning Engelbrecht's lack of criminal capacity, as it was unlikely that such evidence would have favoured Engelbrecht.

Such testimony would have been a waste of the court's time, he said.

He added: "The only possibility was for Engelbrecht to testify, but he chose not to do so."

Loots drew suppressed laughter from the media, when he suggested: "Perhaps we should give Engelbrecht some tik now, to see how he reacts."

"I say that the fact that Engelbrecht used tik on the day in question, indicates that he was not criminally responsible."

Concerning the alleged rape of the three-year-old, Loots agreed with Julius that a conviction for indecent assault would be appropriate.

Judgment is expected on Tuesday next week.