Insanity plea an option for Zimbabwean hijacker

By Tichaona Sibanda
8 August 2006

Legal experts following the case of Tinashe Rioga, the only known Zimbabwean to have attempted to hijack a passenger airliner, believe he stands a good chance of avoiding a custodial sentence by claiming insanity.

The third-year information technology student at the University of Cape Town has said the plot to hijack the plane was apparently not motivated by religion or politics, but personal fear.

An attorney based in Cape Town told our correspondent Thuso Khumalo in Johannesburg that going through Rioga’s defence outline, it is easy to conclude that his actions were not of those of a person with a sound mind.

In his court affidavit Rioga has explained that prior to the hijack attempt he received threatening text messages. He feared that the unknown sender would be waiting for him in Johannesburg where the plane was headed after taking off from Cape Town. Rioga wanted the aircraft to head for Maputo instead, where he felt he would be safe.

His lawyer Josua Greeff has stated that Rioga would plead not guilty to possible charges of assault with intent to do grievous bodily harm and of contravening aviation regulations by attempting to seize an aircraft.

The state alleged the matter was a Schedule Six offence under the Criminal Procedure Act, meaning Rioga had to convince the court of exceptional circumstances for bail to be granted. It is against this background that legal experts in Cape Town believe Rioga stands a good chance of getting bail if the court were to send him for an extensive psychiatric evaluation.

‘It is clear from the evidence that Rioga lost it mentally when he tried to storm the cockpit using a syringe and if it can be proved he was acting under some form of demon he stands a good chance of a lesser custodial if none at all,’ Khumalo said.

Evidence given in court by one crew member on the flight said she saw Rioga walking towards the cockpit when the plane was about 30 minutes into the flight. Its alleged Rioga grabbed the crew member with one hand and took out a syringe with the other.

Rioga allegedly ordered Nicole Scott, a crew member, to open the door of the cockpit. She quoted him as repeatedly shouting: ‘You must open this f*****g door’.

Two passengers overpowered and handcuffed Rioga, and the plane returned to Cape Town. An investigation officer said Rioga had been carrying the syringe because he wanted to inject himself with flu medicine, but no medication had been found on him or in his luggage.