Defence lawyer accuses psychiatrist of bias

The lawyer representing murder accused Marcus Kevin Thomas has told the High Court that no proper assessment was done on the mental state of his client to determine whether he is fit to stand trial or not. It was argued that the assessment was done by three psychologists in contravention of a court order requiring a panel of psychiatrists and that the results consequently do not comply with the law. Siyomuinji Mbanga, appearing for Thomas’s co-accused Kevin Townsend, specifically accused Windhoek psychiatrist Dr Rheinhardt Sieberhagen of being biased in his assessment.The trial got embroiled in arguments and submissions about Thomas’s mental state after a failed jailbreak attempt during which he allegedly suffered concussion in 2014. He fell from the security fence surrounding the Windhoek Central Prison. After the first psychological assessment Judge Christie Liebenberg found Thomas unfit to stand trial and ordered a neuro-psychiatric observation.Mbanga questioned the reliability of the second assessment report. He charged that Dr Sieberhagen - without conducting a proper clinical assessment - concluded by saying the accused was malingering. He also argued that the psychiatrist took a shortcut by doing only an hour-long assessment whereas the first assessment that found Thomas unfit to stand trial was done over 30 days.According to the lawyer, Sieberhagen’s assessment heavily relied on observations made by clinical and counselling psychologist Willem Annandale.Siyomuinji referred to section 79 of the Criminal Procedure Act which stipulates the categories of people permitted to conduct mental assessments.“These categories of people are only psychiatrists and not psychologists like Annandale who did the assessment on which Sieberhagen is relying,” he argued.The case was postponed to 19 October for ruling.Thomas and Townsend are accused of murdering André Heckmair in Windhoek on 7 January 2011. FRED GOEIEMAN

Defence lawyer accuses psychiatrist of bias

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Namibian Sun 2025-07-16

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Defence lawyer accuses psychiatrist of bias

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Namibian Sun 2025-07-16

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