WINDHOEK - A man that faces several counts of rape and believed to be mentally unfit is at the mercy of the President.
Mathias Aibeb (39) faces four charges of rape.
Yesterday, Justice Nate Ndauendapo ruled that Aibeb should be detained in a psychiatric unit, hospital or prison, “pending the decision of the President”.
Justice Ndauendapo reserved judgment until yesterday, after Dr Wilfred Seddie Alibusa testified in the High Court on the mental status of Aibeb earlier this month.
Dr Alibusa informed the court that when he observed Aibeb, he was in a world of his own.
When Aibeb went through a period of psychiatric observation between July and August 2008, he was found to be mentally ill and thus unfit to stand trial.
But in February, Justice Nate Ndauendapo ordered him to undergo a period of psychiatric observation and evaluation to determine whether he was fit to stand trial.
This was after he came to court barefooted and dressed in shorts and made irrational remarks towards people seated in the public gallery of the courtroom.
Dr Alibusa testified that the accused denied that he was sick. He added that during the observation, the accused maintained minimal eye contact.
Dr said he believed that Aibeb was schizophrenic and committed the crimes because he was suffering “from the disease of the mind”.
Aibeb is accused of raping a seven-year-old girl at Fransfontein in February 2006, and raping a mentally handicapped man, again at Fransfontein, in March 2007 and March 2009.
On February 22, 2006, the young complainant who was seven years at the time was allegedly grabbed by Aibeb and thrown on his bed. He allegedly then took off her panties and put saliva in her private parts.
When Aibeb allegedly finished raping the victim, he gave the complainant and her friends some oranges.
Advocate Innocentia Nyoni is representing the State while Mese Tjituri represented Aibeb.