Louis Liebenberg number 41 on Weskoppies waiting list

Alleged diamond dealer Louis Liebenberg will have to face a 30 day mental evaluation at Pretoria’s Weskoppies Hospital after the Gauteng High Court, Pretoria dismissed his urgent application to have that order overturned.

Judge Mandla Mbongwe found that it is in Liebenberg’s constitutional interests to be mentally evaluated at this stage, rather than later during his trial. The judge further found that the magistrate who had referred him for observation acted within the prescripts of the Criminal Procedure Act and that she did have the discretion to refer him for evaluation.

Liebenberg argued that the magistrate’s order referring him for evaluation constitutes a gross irregularity in his criminal proceedings.

The court decided to refer Liebenberg in this way, although a doctor who had evaluated him did not recommend that he be referred for psychiatric observation. The magistrate hearing his bail application last year ordered that he had to see a doctor so that it could be determined whether Liebenberg understood the court procedures.

This followed his chaotic self-representation during the bail application. Instead of arguing for bail, Liebenberg heatedly accused the magistrate, the prosecution, and correctional services of bullying him.

He did not address the issues regarding his bail application, despite various requests by the magistrate to address the issues at hand. While the doctor could not find anything wrong with him, it was not an in-depth consultation, the court noted.

Although the referral was made in August last year, no bed is yet available at Weskoppies for Liebenberg. But he said in his latest application, he can be whisked away to the mental facility at any time, once a bed becomes available.

The court heard that as things stood last week, it could take between one and two months before a bed is available, as he is number 41 on the waiting list to be admitted. According to Liebenberg, his referral to Weskoppies also impacts on his co-accused, as their trial cannot proceed without him. He said the preliminary hearing of the criminal trial has been scheduled for April, with the main trial set down for October, but if he has to go for mental evaluation, it will delay the proceedings.

His lawyer, Charlene Eksteen, meanwhile, said the referral order was not based on medical evidence, but on the magistrate’s own assessment of Liebenberg. Eksteen also pointed out that Liebenberg appeared twice in court following the drama in August and there have been no outbursts since. His last appearance in the magistrate’s court last week also proceeded without any incident.

Apart from using foul language in court in August and telling the magistrate that she sounded like his mother, Liebenberg also addressed the fact that he had to address her as “your worship”, as he said this was against his religious beliefs.

Mbongwe, meanwhile, made it clear that the law entitled the magistrate to refer Liebenberg for observation, and he said not even the high court is entitled to interfere with this. The judge also pointed out that Liebenberg’s legal team are not experts on his mental state and thus not in a position to criticise the magistrate’s decision.

Cape Times