Mental insanity ruled out in the trial of Ekurhuleni serial rapist
WATCH: Experts rule Ekurhuleni Serial Rapist was not mentally ill when he committed his crimes
A mental observation report on Nkosinathi Phakathi dubbed the Ekurhuleni Serial Rapist, has found that he did not suffer from any mental illness during the period he committed the crimes.
This was revealed in a Pretoria High Court sitting at the Palm Ridge Magistrate’s Court on September 25 during Phakathi’s sentencing proceedings.
Phakathi was found guilty in November last year of 90 charges of rape, four compelled rape, three of causing a child to witness a sexual act, 43 kidnapping, four theft, two sexual assault and two charges of assault with the intent to cause grievous bodily harm.
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He was initially charged with 203 charges. However, according to NPA regional spokesperson Lumka Mahanjana, the State withdrew 55 of the 203 charges.
Phakathi’s victims were between 10 and 44 years old.
Phakathi’s modus operandi was to con his victims by posing as a meter box or geyser installer, home inspector or food distributor. He would also approach victims by asking them for directions.
@benonicitytimes The court has adjourned. Nkosinathi Phakathi, dubbed the #Ekurhuleni serial rapist, appeared in the Palm Ridge Magistrates Court this morning for sentencing proceedings. The matter has been rolled over to tomorrow, September 26. #Benoni #boksburg #Justice
He was arrested in March 2021 in Barcelona, Etwatwa, after police searched for him for years following a series of rapes reported in various areas between 2012 and March 2021.
The mental observation report, compiled by two psychiatrists from Weskoppies Psychiatric Hospital, concluded that Phakathi was fully aware of his actions and had the mental capacity to differentiate between right and wrong.
Despite no psychiatric diagnoses being found, the report suggested that Phakathi developed an adjustment disorder following his arrest in 2021.
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“The accused is capable of court proceedings and able to contribute meaningfully to his defence,” the report read.
The report was intended to support the evidence presented by the defence’s clinical psychologist, Dr Lynette Roux, who suggested that Phakathi showed signs of emotional depression, hallucinations and schizophrenia.
This is after Phakathi’s lawyer, Advocate Letau Kgokane, brought forward an application to have his client mentally evaluated to support the defence’s argument that his client should serve his sentence at a psychiatric facility.
However, four reports handed in as exhibits in court on September 25 declared that Phakathi is fit for imprisonment in a correctional facility.
A second report, also read out in court, from the Health Care Services Department of Johannesburg Correctional Services, stated that Phakathi is currently provided with services specific to his condition, which will continue for the duration of his sentence.
It further indicated that Phakathi will be placed in a communal cell with other inmates, however, if issues arise, alternative placement will be provided.
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Two other reports, compiled by doctors at Charlotte Maxeke Johannesburg Academic Hospital and Thembisa Tertiary Hospital, indicated Phakathi was admitted to the hospitals between March and April 2021 after sustaining gunshot wounds.
As a result, he underwent an amputation and is now in good health, with a fully healed amputation stump, and can serve his sentence in a correctional facility without difficulties.
Furthermore, the findings of a probation officer, who requested anonymity before taking the stand, said Phakathi revealed to her during their engagement that he planned to commit suicide after his daughter completed her matric this year, not to inflict trauma on the child now.
The matter has postponed to September 26.
