Defence says rapist is mentally ill
Phakathi’s lawyer, Advocate Letau Kgokane, is expected to cross-examine Clark when sentencing proceedings continue today (September 29).
During the continuation of sentencing proceedings in the Ekurhuleni serial rapist case on September 27, an expert from the SAPS contested evidence presented by clinical psychologist Dr Lynette Roux that suggested the accused, Nkosinathi Phakathi, showed signs of emotional depression, hallucination and schizophrenia.
On the stand the previous day, Roux told the court Phakathi was a disturbed individual who couldn’t function in a normal society.
Her psychosocial report, compiled for the defence, stated Phakathi heard a voice in his head that told him who to rape when he committed his crimes between 2012 and 2021.
Roux said the results of tests she administered, comprising over 400 questions, indicated Phakathi needed psychological and spiritual interventions.
“He seems to be mentally disturbed, delusional and has major depression. He has episodes and loses touch with reality, so he can’t remember many of those rape incidences,” said Roux.
However, the SAPS psychological expert, Colonel Kirsten Clark, disregarded Roux’s view when she took the stand in the Pretoria High Court sitting at the Palm Ridge Magistrate’s Court.
Also Read: Ekurhuleni serial rapist claims evil spirits made him do it
Phakathi’s lawyer, Advocate Letau Kgokane, is expected to cross-examine Clark when the sentencing proceedings continue today (September 29).
Phakathi was found guilty last November of 148 charges relating to rape, kidnapping, theft and assault with the intent to cause grievous bodily harm.
He was found guilty of 90 charges of rape, compelled rape (four), causing a child to witness a sexual act (three), kidnapping (43), theft (four), sexual assault (two) and assault with the intent to cause grievous bodily harm (two).
Phakathi said his criminal behaviour started in 2012 when he struggled to sleep and would sleepwalk between 02:00 and 03:00 in the morning. He would “go anywhere”. When he was tired, at around 05:00 or 06:00, he would rape his victims.
Roux said Phakathi was remorseful and wanted to apologise.
“He is deeply sorry that he took advantage of his victims. He said he was supposed to protect them and not hurt them. He wishes to make things right but doesn’t know how to,” she said.
Also Read: Ekurhuleni serial rapist case postponed to September
