American hears ruling on mental reports today
A ruling on the admissibility of medical reports and other findings by three medical experts, who found that key American murder suspect Marcus Kevin Tomas is fit to stand trial, will be made public in the High Court today.
Three private medical experts – psychiatrists Annandale Willem, Tuviah Zabon and Reinhardt Sieberhagen - have each observed murder accused Tomas earlier this year on a request by State.
High Court Judge Christie Liebenberg, who presided over the hearing of a trial-within-a-trial, will hand down the ruling on 19 October at 10:00.
The judge said this on 04 October 2016 shortly after he listened to submissions and counter-arguments on the admissibility of these medical reports and other related findings by Deputy Prosecutor-General, Antonia Verhoef and defence lawyers James Diedericks and Mbanga Siyomuinji.
These medical reports and other findings will either be admitted before court as evidence and used by the prosecution against Tomas or be thrown out.
The two defence lawyers want the medical reports and other findings to be ruled inadmissible, while the prosecution prefers to use the evidence against Tomas during his main trial of murder.
The three medical experts each testified before court during the months of July, August and September, and were each cross-examined and re-examined by both the defence lawyers and prosecution representative.
According to the medical findings, Tomas is fit to stand trial and fully capable to comprehend and follow court proceedings without problems.
These findings bitterly angered Tomas, who wanted a proper neurological examination to be done by a neurologist instead of the psychiatric observation by the three psychiatrists.
Tomas still insists he is suffering from memory loss due to brain damage sustained during his failed attempt to escape from the Windhoek Central Correctional Facility in 03 November 2014, when he jumped from a tree and landed on the barbed wire of the prison fence, hanging with his head down.
Tomas, who was 29 years old at the time, is charged alongside fellow countryman Kevin Donell Townsend (27 at the time) in connection with the alleged killing of Namibian, Andre Heckmair on 07 January 2011. They were arrested six days later.
They face charges of murder; robbery with aggravating circumstances; the unlawful importation of a firearm into Namibia; the illegal possession of a firearm; the illegal possession of ammunition; and attempting to defeat or obstruct the course of justice.
The Americans are in police custody at the correctional facility.
NAMPA
Three private medical experts – psychiatrists Annandale Willem, Tuviah Zabon and Reinhardt Sieberhagen - have each observed murder accused Tomas earlier this year on a request by State.
High Court Judge Christie Liebenberg, who presided over the hearing of a trial-within-a-trial, will hand down the ruling on 19 October at 10:00.
The judge said this on 04 October 2016 shortly after he listened to submissions and counter-arguments on the admissibility of these medical reports and other related findings by Deputy Prosecutor-General, Antonia Verhoef and defence lawyers James Diedericks and Mbanga Siyomuinji.
These medical reports and other findings will either be admitted before court as evidence and used by the prosecution against Tomas or be thrown out.
The two defence lawyers want the medical reports and other findings to be ruled inadmissible, while the prosecution prefers to use the evidence against Tomas during his main trial of murder.
The three medical experts each testified before court during the months of July, August and September, and were each cross-examined and re-examined by both the defence lawyers and prosecution representative.
According to the medical findings, Tomas is fit to stand trial and fully capable to comprehend and follow court proceedings without problems.
These findings bitterly angered Tomas, who wanted a proper neurological examination to be done by a neurologist instead of the psychiatric observation by the three psychiatrists.
Tomas still insists he is suffering from memory loss due to brain damage sustained during his failed attempt to escape from the Windhoek Central Correctional Facility in 03 November 2014, when he jumped from a tree and landed on the barbed wire of the prison fence, hanging with his head down.
Tomas, who was 29 years old at the time, is charged alongside fellow countryman Kevin Donell Townsend (27 at the time) in connection with the alleged killing of Namibian, Andre Heckmair on 07 January 2011. They were arrested six days later.
They face charges of murder; robbery with aggravating circumstances; the unlawful importation of a firearm into Namibia; the illegal possession of a firearm; the illegal possession of ammunition; and attempting to defeat or obstruct the course of justice.
The Americans are in police custody at the correctional facility.
NAMPA
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