Murder suspect claims ’emotional trauma’

MURDER suspect Manuel Alberto da Silva has a mental condition that makes him prone to sudden explosive outbursts and possible violence, a psychologist claimed in testimony heard in Da Silva’s trial in the High Court in Windhoek yesterday.

Windhoek psychologist Ockie Jooste gave this evidence when he yesterday continued with the testimony he had started giving almost two weeks ago in Da Silva’s trial before Judge Collins Parker. Da Silva (30) pleaded not guilty to a charge of murder when his trial began on June 11.In a written plea explanation that was handed to the court, Da Silva admitted that he had shot and killed his girlfriend, Monaliza de Kock, on the grounds of Ella du Plessis High School in Khomasdal on the evening of December 31 2003.He however added that at the time of the shooting he was not legally accountable, as he was temporarily mentally incapacitated “due to severe emotional trauma”.De Kock, who had a one-year-old daughter with Da Silva, died after being shot five times in the head.She was 23 years old when she was killed.Da Silva was arrested at a Police roadblock near Rundu the next day.He still had the alleged murder weapon – a .22 revolver that had been stolen from a security guard at Rundu on December 6 2003 – in his possession when he was arrested.According to a report on Da Silva’s mental state that Jooste wrote after interviewing Da Silva on three occasions and reading documents relating to Da Silva’s case, the psychologist came to the conclusion that Da Silva “is suffering from Intermittent Explosive Disorder (IED)”.Jooste reported: “IED is described as an explosive disorder that manifests as discrete episodes of losing control of aggressive impulses.The aggressiveness can lead to serious assault or the destruction of property.The aggression is normally grossly out of proportion to any stressors that may have helped elicit the episodes.The spells or attacks appear within minutes or hours and remit spontaneously and quickly.After each episode genuine regret or self-reproach are shown, and signs of aggression or generalised impulsivity are absent between episodes.”Jooste testified yesterday that Da Silva’s explosive behaviour at the time of the shooting incident was caused by an impulse that he could not control.The build-up to that impulse was fuelled by Da Silva’s unsuccessful efforts to save his foundering relationship with De Kock, Jooste indicated.He said Da Silva viewed the relationship as en exceptional and ideal relationship, but that it was still bound to fail.When he and De Kock had a fight on the school grounds that evening, the built-up tension over the falling apart of their relationship triggered the impulse that caused uncontrolled aggression on Da Silva’s part, the psychologist indicated.Jooste told the court that Da Silva provided him with some information on the shooting itself.According to Da Silva himself, though, he had no clear recollection of the shooting itself.In testimony that took four days to be delivered, Da Silva told Judge Parker two weeks ago that he could not remember the actual act of shooting De Kock after they had been arguing about her insistence on going out to a party on New Year’s Eve while she did not want him to accompany her.He said he could not recall taking the presumed murder weapon out of a camera bag that he had with him, but he could remember that he was shivering, when the gun came into view, and that he was at that moment “ready to commit suicide”.”Then next I did not see what really happened.All I could remember is that everything was very difficult for me.It’s like everything of me, of my body, got stuck….You see my eyes was like I could not see any more.So I was trying to see.To get closer to the light and the other thing I remember is that I was clicking the gun on my head but all I could hear are only the click sounds,” he said.At another stage of his testimony he claimed: “Up to now I’m still confused, because I don’t know what caused the death of my girlfriend.”In a lengthy statement that Da Silva wrote on January 5 and 6 2004 while in Police custody, the moment of the shooting was related with substantially more detail and clarity, though.At that stage, Da Silva wrote: “Whe (sic) I pulled out the gun she said if you were so willing to kill yourself why dont you go ahead and do it, is then I raise the gun at her, I cant remember exactly at what distance away from her.I clicked the gun and I shot, as she was falling down and crying is when I started shooting continuously.”(sic) Da Silva tried to explain away that part of his statement when his defence lawyer, Ivo dos Santos, recalled him to give evidence after Jooste had testified yesterday.That part of his statement was actually what he had been told by Police officers when he was interrogated, he claimed.The trial is scheduled to continue on July 30 with the hearing of arguments from Dos Santos and State advocate Dominic Lisulo on the verdict that Judge Parker will have to hand down.Da Silva (30) pleaded not guilty to a charge of murder when his trial began on June 11.In a written plea explanation that was handed to the court, Da Silva admitted that he had shot and killed his girlfriend, Monaliza de Kock, on the grounds of Ella du Plessis High School in Khomasdal on the evening of December 31 2003.He however added that at the time of the shooting he was not legally accountable, as he was temporarily mentally incapacitated “due to severe emotional trauma”.De Kock, who had a one-year-old daughter with Da Silva, died after being shot five times in the head.She was 23 years old when she was killed.Da Silva was arrested at a Police roadblock near Rundu the next day.He still had the alleged murder weapon – a .22 revolver that had been stolen from a security guard at Rundu on December 6 2003 – in his possession when he was arrested.According to a report on Da Silva’s mental state that Jooste wrote after interviewing Da Silva on three occasions and reading documents relating to Da Silva’s case, the psychologist came to the conclusion that Da Silva “is suffering from Intermittent Explosive Disorder (IED)”.Jooste reported: “IED is described as an explosive disorder that manifests as discrete episodes of losing control of aggressive impulses.The aggressiveness can lead to serious assault or the destruction of property.The aggression is normally grossly out of proportion to any stressors that may have helped elicit the episodes.The spells or attacks appear within minutes or hours and remit spontaneously and quickly.After each episode genuine regret or self-reproach are shown, and signs of aggression or generalised impulsivity are absent between episodes.”Jooste testified yesterday that Da Silva’s explosive behaviour at the time of the shooting incident was caused by an impulse that he could not control.The build-up to that impulse was fuelled by Da Silva’s unsuccessful efforts to save his foundering relationship with De Kock, Jooste indicated.He said Da Silva viewed the relationship as en exceptional and ideal relationship, but that it was still bound to fail.When he and De Kock had a fight on the school grounds that evening, the built-up tension over the falling apart of their relationship triggered the impulse that caused uncontrolled aggression on Da Silva’s part, the psychologist indicated.Jooste told the court that Da Silva provided him with some information on the shooting itself.According to Da Silva himself, though, he had no clear recollection of the shooting itself.In testimony that took four days to be delivered, Da Silva told Judge Parker two weeks ago that he could not remember the actual act of shooting De Kock after they had been arguing about her insistence on going out to a party on New Year’s Eve while she did not want him to accompany her.He said he could not recall taking the presumed murder weapon out of a camera bag that he had with him, but he could remember that he was shivering, when the gun came into view, and that he was at that moment “ready to commit suicide”.”Then next I did not see what really happened.All I could remember is that everythin
g was very difficult for me.It’s like everything of me, of my body, got stuck….You see my eyes was like I could not see any more.So I was trying to see.To get closer to the light and the other thing I remember is that I was clicking the gun on my head but all I could hear are only the click sounds,” he said.At another stage of his testimony he claimed: “Up to now I’m still confused, because I don’t know what caused the death of my girlfriend.”In a lengthy statement that Da Silva wrote on January 5 and 6 2004 while in Police custody, the moment of the shooting was related with substantially more detail and clarity, though.At that stage, Da Silva wrote: “Whe (sic) I pulled out the gun she said if you were so willing to kill yourself why dont you go ahead and do it, is then I raise the gun at her, I cant remember exactly at what distance away from her.I clicked the gun and I shot, as she was falling down and crying is when I started shooting continuously.”(sic) Da Silva tried to explain away that part of his statement when his defence lawyer, Ivo dos Santos, recalled him to give evidence after Jooste had testified yesterday.That part of his statement was actually what he had been told by Police officers when he was interrogated, he claimed.The trial is scheduled to continue on July 30 with the hearing of arguments from Dos Santos and State advocate Dominic Lisulo on the verdict that Judge Parker will have to hand down.