The Director of Public Prosecution (DPP) on Thursday told the Johannesburg Magistrates’ Court that a judge would have to give direction on the fate of murder accused Carlos Higuera because he was not fit to stand trial.
Higuera is accused of fatally stabbing his friend Chumisa Nqakula, the son of the Defence Minister Nosiviwe Mapisa-Nqakula in Bezuidenhout Valley in October 2015.
The state said the deceased’s family had already been informed that the accused, who spent time under observation at Sterkfontein Hospital, was mentally unwell and could not be prosecuted.
The family was told by the DPP that, owing to Higuera’s condition, it had recommended that a competent court make a decision on what would happen to him
Magistrate Albertus Roux agreed with the DPP and ruled that Higuera had to return to Sterfontein Hospital until a judge made a decision on how long he would be detained.
Roux explained to Higuera that he would be staying at the psychiatric hospital pending the order from the judge regarding his future.
Three psychiatrists from the hospital examined Higuera and found that he was unfit to stand trial due to a mental illness, which was accepted by the state and the defence. As a result, the murder accused can not be prosecuted.
– African News Agency (ANA)