Murder suspect makes mental state an issue

MURDER suspect Manuel Alberto da Silva is persisting with a claim that he was temporarily insane on the evening when he allegedly murdered his girlfriend in Windhoek three years ago, the High Court was informed yesterday.

Defence counsel Ivo dos Santos relayed this information to Acting Judge John Manyarara when Da Silva made his latest pre-trial appearance in the High Court in Windhoek yesterday. Da Silva (30) is facing charges of murder, robbery with aggravating circumstances, illegal possession of a firearm and illegal possession of ammunition.On December 6 2003, it is charged in the indictment, he allegedly assaulted a security guard at Rundu and stole a .22 revolver from him.That gun is alleged to have been used by Da Silva on the evening of December 31 2003, when his 23-year-old girlfriend, Monaliza Shirley de Kock, died on the grounds of Ella du Plessis High School in Khomasdal in Windhoek after she had been shot in the head.Da Silva shot her five times in the head, it is alleged.The murder weapon was allegedly found with Da Silva when he was arrested at a roadblock near Rundu on January 1 2004.Dos Santos has already informed the High Court that Da Silva is admitting that he shot De Kock.Da Silva will however be pleading not guilty to both the robbery and murder charges, and is claiming that because of “severe emotional trauma” he was temporarily insane at the time of the shooting, and as a result cannot be held accountable for his actions, Dos Santos has stated in a pre-trial outline of Da Silva’s defence that has been filed with the court.Da Silva’s trial was initially set to start in mid-June last year.On the scheduled starting date, however, the prosecution asked the court to order that he be sent to undergo a period of psychiatric observation to determine whether he was mentally fit to stand trial and whether he could be held accountable for his alleged actions at the time of the killing.It took until mid-December before a State psychiatrist’s report on his mental condition was filed with the court.In that report, he was pronounced sane and mentally fit to stand trial, and it was declared that he could be held accountable for his alleged actions at the time of De Kock’s death.The defence does not have a quarrel with the State psychiatrist’s findings that Da Silva was sane and is fit to stand trial, Dos Santos told Acting Judge Manyarara yesterday.The defence however does not agree with the finding that Da Silva could understand the wrongfulness of his alleged actions at the time of the shooting, and that he could act in accordance with that understanding, Dos Santos told the court.That issue will thus still be in dispute at Da Silva’s trial.The trial has now been set down to start on June 11, and to possibly run until June 22.Da Silva remains in custody in the meantime.State advocate Dominic Lisulo appeared for the State during yesterday’s proceedings.Da Silva (30) is facing charges of murder, robbery with aggravating circumstances, illegal possession of a firearm and illegal possession of ammunition.On December 6 2003, it is charged in the indictment, he allegedly assaulted a security guard at Rundu and stole a .22 revolver from him.That gun is alleged to have been used by Da Silva on the evening of December 31 2003, when his 23-year-old girlfriend, Monaliza Shirley de Kock, died on the grounds of Ella du Plessis High School in Khomasdal in Windhoek after she had been shot in the head. Da Silva shot her five times in the head, it is alleged.The murder weapon was allegedly found with Da Silva when he was arrested at a roadblock near Rundu on January 1 2004.Dos Santos has already informed the High Court that Da Silva is admitting that he shot De Kock.Da Silva will however be pleading not guilty to both the robbery and murder charges, and is claiming that because of “severe emotional trauma” he was temporarily insane at the time of the shooting, and as a result cannot be held accountable for his actions, Dos Santos has stated in a pre-trial outline of Da Silva’s defence that has been filed with the court.Da Silva’s trial was initially set to start in mid-June last year.On the scheduled starting date, however, the prosecution asked the court to order that he be sent to undergo a period of psychiatric observation to determine whether he was mentally fit to stand trial and whether he could be held accountable for his alleged actions at the time of the killing.It took until mid-December before a State psychiatrist’s report on his mental condition was filed with the court.In that report, he was pronounced sane and mentally fit to stand trial, and it was declared that he could be held accountable for his alleged actions at the time of De Kock’s death.The defence does not have a quarrel with the State psychiatrist’s findings that Da Silva was sane and is fit to stand trial, Dos Santos told Acting Judge Manyarara yesterday.The defence however does not agree with the finding that Da Silva could understand the wrongfulness of his alleged actions at the time of the shooting, and that he could act in accordance with that understanding, Dos Santos told the court.That issue will thus still be in dispute at Da Silva’s trial.The trial has now been set down to start on June 11, and to possibly run until June 22.Da Silva remains in custody in the meantime.State advocate Dominic Lisulo appeared for the State during yesterday’s proceedings.