'Best was calm and rational'
2006-03-04 09:39
East London - "He tried to get rid of his unborn child five times." This was said by the prosecutor in the case of David Best, the East London man accused of hiring a hitman to fake a hijacking and shoot his pregnant girlfriend, killing his unborn child in the process.
Best doctor told the court he was depressed, which could have led to him to commit the crime, to which he has allegedly confessed.
Best, 27, appeared in court with Ludwe Mashumpa, 24, whom he allegedly paid R5 000 to stage the hijacking and get rid of the baby. The incident took place on Valentine's Day, just days before the baby was due to be born.
Best and his girlfriend were both shot in the staged hijacking, Melissa Shelver, 23, taking two bullets in the stomach, which injured baby Jenna-May.
Because the baby, who was delivered by Caesarean section, lived for about 20 minutes after birth, the men are charged with her murder and with the attempted murder of Shelver.
Best's lawyer applied for him to be sent for psychiatric observation, but this was opposed by the prosecutor.
Dr Anton le Roux testified that he visited Best in prison on Wednesday. He said he treated Best for depression last October, and it is possible this condition led to him committing the crimes he is accused of.
"Best was unhappy because his relationship with a woman had broken down. I didn't know who the woman was, but there was a third party involved. I put him on anti-depressants.
"I know Best as a very calm and relaxed person. What he is accused of is not in his nature. There could be various reasons for this - stress, depression or even a bipolar episode," he said.
A report from the state psychiatrist at Fort Glamorgan prison recommended that Best be sent for observation, but prosecutor Indra Goberdan said the state sees no reason for this.
"After his arrest Best confessed his guilt to a priest and a police captain. He tried to get rid of his child five times," said Goberdan.
"He told Mashumpa to take gloves with him to the hijacking, and afterwards phoned him to tell him to get rid of the evidence. Best was calm and rational and planned everything," she said.
Defence lawyer Neil Ristow said no witnesses have yet been called and the state has no basis to believe these allegations. He said a place can be found for Best at the psychiatric hospital for observation within two weeks.
The magistrate said he cannot see how it would disadvantage the state for Best to be sent for psychiatric observation. The case was adjourned until March 17.