Man accuses prosecutor of love affair with girlfriend A man accused of contravening a protection order has accused the State prosecutor in the case of having a love affair with his girlfriend.Prosecutor Ivan Tjizu in turn alleged that the accused, Kennedy Kaali (27), suffers from a mental illness and requested that he be referred for psychiatric observation.
However, it emerged in the Windhoek Magistrate’s Court yesterday that the State had failed to arrange for Kaali’s admission for observation.
Magistrate Alweendo Sebby Venatius refused to postpone the matter to allow for psychiatric observation.
During earlier proceedings Tjizu informed the court that Kaali had alleged that the prosecutor was having an affair with the complainant in the case.
He said Kaali had made these allegations in a threatening manner.
“The accused suffers from a mental illness in that he is suffering from schizophrenia,” Tjizu maintained and requested the court to order mental observation for Kaali at a later stage.
Schizophrenia is a mental illness characterised by abnormal social behaviour and failure to understand what is real.
Kaali was referred for mental observation and was on a waiting list but when they inquired the State was informed that the investigating officer was no longer with the unit.
The request for mental observation was based on reports by the complainant and the evidence placed before court regarding the accused’s mental history.
“Based on that evidence the court made a referral order,” Tjizu said.
Kaali’s lawyer, Mbanga Siyomundji, confirmed that such a court order was issued but disputed the mental instability of the accused.
“In previous proceedings he was coming to court every time the case was postponed. There was no disruption of court proceedings, nor did he ever show any sign of mental disorder,” he argued.
According to him the order for mental observation was made in May but until now no observation was done. He added that the State informed the defence that the investigation into the case was incomplete but gave no reasons as to why it was not finalised.
Venatius consequently refused a further postponement for mental observation.
“I believe the defence counsel is disputing his client is suffering from mental disorder with the full instructions from the accused. I do not think there would be any prejudice to the accused should the matter proceed without mental observation,” the magistrate ruled.
Kaali was released on stringent bail conditions two years ago. Among other things he may not contact the complainant, Charity Mujon, indirectly or directly. He also may not go near her home or place of work.
FRED GOEIEMAN