Why 'diamond smuggler' Louis Liebenberg is fighting a court order for a psychiatric evaluation

Following a verbal outburst in court last year by alleged diamond dealer Louis Liebenberg, the 61-year-old was ordered to undergo a 30-day mental evaluation at Pretoria’s Weskoppies Hospital, but he has now launched an urgent application to have that order overturned.

In papers filed at the Gauteng High Court, Pretoria, Liebenberg said that the magistrate at the Bronkhorstspruit Magistrate Court's order referring him for evaluation constitutes a gross irregularity in his criminal proceedings.

He wants the court to find that the order was made in contradiction to a report submitted to the court regarding his mental health. The Bronkhorstspruit Magistrate’s 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 the latter could determine 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. The magistrate subsequently made her own decision to refer him for observation, aiming for a panel of psychiatrists to determine whether he understood the court proceedings.

Liebenberg now also wants the court to order the magistrate to recuse herself, as he wants his case to be determined by another magistrate. In the alternative, he is asking for an interim order that he does not have to go to Weskoppies until this matter is finally resolved.

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 referral hangs like a sword of Damocles over his head,” Liebenberg said in court papers. He added that once he is admitted, the horse has bolted and it cannot be undone.

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, in an affidavit that forms part of the urgent court proceedings, pointed out that the doctor who examined Liebenberg last year following his outburst in court recorded that no psychiatric illness or defect was identified.

She said Liebenberg at the time only voiced his concerns and frustrations, leading to a heated debate between them. According to Eksteen, the magistrate could not manage the court proceedings and referring him for mental evaluation became the solution.

She 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.

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". “The Bible says clearly that I cannot worship anyone apart from God… We got this thing (calling a magistrate your worship) from England. It does not mean I don’t have respect, but I have a problem calling someone 'worship'. We are in Africa. We have potholes. We are falling apart. And we are worshipping one another,” Liebenberg told the magistrate at the time.

But Eksteen said this did not indicate mental illness; it was simply because he did not have an attorney at the time and he was thus not guided during the proceedings.

zelda.venter@inl.co.za