Africa-Press – South-Africa. Can a man declared unfit to stand trial for the
alleged murder of his wife still be found liable for her death?This is the tough decision that the Gauteng High
Court in Johannesburg must come to in the case against Dieter Bergs.Bergs is accused of killing his wife, Genée Bergs,
in their home eight years ago. At the time, Bergs claimed that an intruder had
killed his wife after gaining entry to the home through a sliding door.ALSO READ | Court denies bail for man accused of killing wife, burying her remains under bathtubDuring the attack, Bergs suffered a minor injury to
the leg when he was allegedly shot at. No items were stolen from the house.At the time of the incident, he didn’t tell the
police that he owned firearms. The firearms were discovered by family members a
few days after the incident while clearing out a closet. He claimed that he had
forgotten about the firearms.A few weeks later, the gardener found a third
firearm buried in the garden. In a statement, Bergs said he had borrowed the
firearm from a friend.He was first arrested a few months after the
murder. The murder charge was dropped a year later after a ballistic report
presented in the case was discredited.Rearrested after inquestIn August 2016, Genée’s daughter lodged a formal
complaint with the Gauteng police commissioner and the National Prosecuting
Authority (NPA).This led to an inquest at the Gauteng High Court in
Johannesburg in 2017. The court concluded that Bergs should be charged for the
crime.Bergs was rearrested in December 2020. He was charged
with murder and fraud after allegedly forging a signature to transfer money
from Genée’s bank account to his accounts. He also faces charges of illegal
possession of an unlicensed firearm, illegal possession of ammunition, and
uttering.ALSO READ | Mpumalanga man accused of killing wife after arguing over cellphone callHe is out on R10 000 bail.Just before his trial started early this year, he
was found unfit to stand trial. This was backed up by a psychiatric report from
Sterkfontein Psychiatric Hospital.The court now has to, on the balance of
probabilities, determine whether he is guilty of the crimes in terms of Section
77 of the Criminal Procedure Act.Financial problemsIf found guilty, prosecutor, advocate Michelle
Bayat, said they wanted Dieter to be admitted to a frail care facility under supervision.Dieter, wearing a gown, attended the court case via
a Teams link from Cape Town as he couldn’t travel because of his medical
condition. He was assisted by his son, Peter, who said he was relaying the
court proceedings to him.He said: His hearing isn’t good. I have to relay everything to him, my lord. I am sitting next to him.Bayat told the court that Dieter had financial
problems and a motive to kill his wife.
“The accused relied heavily on the deceased
financially. There was talk of the deceased having an investment that was
supposed to mature on her 70th birthday. The proceeds of that policy were only
going to be paid a day after she was murdered,” Bayat said.The policy was worth R4 million, but the State
failed to trace the policy and who it was paid out to.Dieter is also accused of forging his wife’s
For More News And Analysis About South-Africa Follow Africa-Press
