Moodley’s parole shrink fined for misconduct

Leigh Matthews’s killer changed his story several times, but psychologist said he had shown remorse

A psychologist who had evaluated murderer Donovan Moodley and supported his release on parole has been found guilty of professional misconduct by the Health Professions Council of South Africa (HPCSA) and fined R10,000.

The psychologist submitted her report based on a 120-minute interview with Moodley. She found he was remorseful and rehabilitated, and no longer posed a risk to society.

Moodley kidnapped Bond University student Leigh Matthews the day after her 21st birthday in July 2004, extorted R50,000 from her father Rob Matthews, and then shot her four times.

During the trial, he pleaded guilty and claimed to have acted alone, but later changed his story several times even taking his appeal, which included a new version of the events, all the way to the Constitutional Court, where the matter was dismissed.

During his incarceration, Moodley completed an LLB and is litigious, having taken his two recent parole hearings on review after his release was not recommended. The Johannesburg high court granted him another hearing before a new board.

Lawyer Tania Koen, who specialises in victim support and represents the Matthews family, said Moodley’s review application, made before the high court, had become part of the record and was therefore a public document. This usually happened only with the consent of an offender.

Rob Matthews objected to the psychologist’s report and its findings. He laid a complaint against the psychologist with the HPCSA, saying her report “falls short of the elements of best practice”. He claimed the report was inaccurate, that due care had not been taken in compiling it, and that the parole recommendation was wrong.

The report said Moodley had shown remorse and was genuinely sorry for his actions. Matthews’s complaint pointed out that Moodley had changed his version of events at least seven times, and this had been igBy nored in the report. In addition, his own confession had described how he had spent a considerable amount of time deciding to kill Leigh, owing to his fear of being identified if she survived.

The psychologist accepted Moodley’s claims that he was close to his family, who he said were loving, supportive and visited him regularly in prison, especially his granny. However, Matthews countered this by submitting prison visit records showing Moodley had never been visited by his grandmother. His sister last visited him in 2010, and his mother in 2013. His father now visits him less frequently.

“The finding that Moodley’s family is supportive is wrong,” said Matthews.

Another rubbished claim in the report was that, before the murder, Moodley had been a youth group leader. An affidavit by Moodley’s church pastor, submitted with the complaint, stated he joined the group as a volunteer only after the murder, and then participated in it until he was arrested. During that time, he transported group members in the car he used in the kidnapping and murder. It was very distressing for church members when this was discovered.

The report said Moodley had always acknowledged his guilt and was genuinely remorseful. But Matthews’s complaint was supported by a responding report by clinical and forensic psychologist Dr Gerard Labuschagne, who set out how the methodology used by the psychologist did not meet best practice.

He had trained her in risk assessment and he could show that none of the principles taught had been used in her assessment as a psychologist for the department of correctional services.

“The public relies on the competence and professional standards applied by the experts relied upon by the department of correctional services in determining the risk of recidivism of the potential parolee. The reports of psychologists are usually conclusive in determining the risk of recidivism. For this reason, the assessments done by psychologists and the reports provided following such assessments should be well-considered and compliant with industry standards,” Labuschagne said. He said he could show where the psychologist had erred in profiling a violent offender.

Matthews said he was happy with the HPCSA’s decision that there was evidence of unprofessional conduct and the R10,000 fine it had imposed on the psychologist. The finding is a victory for victims of crime, who are not always given a fair chance to challenge the false claims by offenders, he said.