Former Blue Bulls player turned axe-murderer fails appeal bid

In the appeal judgment, judge Vusi Nkosi, with judges Rashid Vahed and Esther Steyn concurring, said the issue for determination was whether, at the time of the crimes, Ntshongwana lacked the capacity to appreciate the wrongfulness of his conduct, or to act in accordance with such appreciation.

Nkosi said the views expressed by the experts regarding his state of mind at the time of the commission of the offences was “purely speculative”. “He claims he suffered from amnesia and had no recollection of committing the crimes. Considering the offences were committed in two distinct spurts, covering a period of four months, it is highly improbable, if not untrue, that he could suffer from amnesia over such a long period,” the judge said.He noted that during an interview with one expert, he was able to remember the circumstances surrounding the rape incident.

“He was able to remember and give some explanation as to how the blood had got there, which created doubt in the mind of the trial judge about his claim of amnesia.He said the evidence showed the crimes were well-planned, calculated and purpose-driven. Except for the kidnapping and rape, all were done under cover of darkness and he immediately ran away when he realised people were watching.

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