The Cape high court yesterday dismissed an application for Richard Engelbrecht to be referred to a mental hospital for observation.
Acting Judge Richard Brusser said the Mental Health Act provided that an accused person suffering a mental disorder could be referred for observation, but not someone with mental facilities impaired by drugs or alcohol.
Engelbrecht stands accused of the rape and murder of Annestacia Wiese, who was 11 at the time of her death. He had pleaded guilty to both charges but claimed that the abuse of the drug tik before the rape and murder deprived him of criminal capacity.
His defence is "temporary non-pathological criminal incapacity".
The court adjourned early on Tuesday after defence counsel, Patrick Loots, requested an order for the health department to provide a psychiatrist, at state expense, to testify on Engelbrecht's behalf about the effects of tik on him.
The case continues. - Sapa