News24.com | Cape Town hospital 'shooter' sent for psychiatric observation

New Somerset Hospital, where two patients and a police officer were shot.

• The ex-cop cop accused of three murders at New Somerset Hospital was sent for psychiatric evaluation on Wednesday. 
• Jean-Paul Malgas will spend 30 days being observed after showing signs that he did not fully understand what was happening to him. 
• The court also suggested that the State and defence consider a plea and sentencing agreement.

The ex-cop accused of shooting and killing a police officer and two patients at Cape Town's New Somerset Hospital was referred to Valkenberg Hospital on Wednesday for psychiatric evaluation to check whether he understands proceedings. 

Jean-Paul Malgas from Vredendal is accused of disarming Sea Point policeman Constable Donay Phillips, who had escorted him to the hospital for treatment on 7 May last year. 

He allegedly shot and killed Phillips and two patients. 

Nursing sister Diane Seale bravely calmed Malgas with a hug and defused the situation long enough for him to be sedated.

When he first appeared in court last year, his counsel at the time said Malgas was feeling depressed and suicidal. 

However, on hearing the application for referral on Wednesday, Western Cape High Court Judge Robert Henney demanded to know why it was happening so late in proceedings.

READ | Ex-cop charged with killing three at Cape Town hospital may go for psychiatric evaluation

"We are going to wait for a bed for six, eight, 12 months and this matter is going to languish on the court roll," complained Henney.

He suggested that the State and defence consider a plea and sentencing agreement. 

Henney looked at the file in front of him, and said: "The whole thing is just such a tragic situation. We should not want to prosecute him as a hardened criminal." 

The judge said that from his reading of the evidence so far, Malgas walked into a police station with a knife to report his daughter missing. 

There was a scuffle, and he allegedly stabbed a policeman. A warning shot was fired, and Malgas was apprehended and escorted by Phillips to hospital for treatment. 

News24 has reported from his previous appearances that at the hospital, he disarmed Phillips, using his knowledge as an ex-policeman to do so.

He is alleged to have shot and killed Phillips and two patients in the hospital before Seale stepped in and prevented further harm to anybody.

"This is actually a plea and sentencing," said Henney. 

"It's a situation where things just went wrong. You don't throw [the book at] everybody."

Henney said that if the referral for observation route was followed, there would be a further delay of at least a year for Malgas's trial, but granted the application for referral after hearing that Malgas did not seem to understand what was happening.

Malgas was referred for 30 days, which may be extended by another 30 days if necessary. 

He was asked to stand up, in his creased blue hoodie and trousers, and confirm that he understood where he was going, and he did.

The case will be back in court on 15 June. 

Want to discuss hotly debated topics with someone from across the world? Sign up for our global dialogue programme and get matched for a conversation