Senior forensic psychiatrist Larissa Panieri-Peter on Wednesday denied in the Cape High Court telling a colleague that Marius van der Westhuizen was guilty.

Van der Westhuizen, a former senior superintendent based at the Claremont police station in Cape Town's southern suburbs, is on trial before Judge Willem Louw for allegedly shooting dead his three children during an argument with his wife.

Panieri-Peter, based at Valkenberg psychiatric hospital, who testified last week about Van der Westhuizen's period of observation at the hospital, was on Wednesday cross-examined by defence attorney Milton de la Harpe.

De la Harpe asked Panieri-Peter if she had ever remarked to psychiatrist Niel Fouche about Van der Westhuizen's guilt.

She said she had not.

De la Harpe said Fouche had informed him about her remark not to get involved with Van der Westhuizen, because Van der Westhuizen was guilty.

Panieri-Peter replied: "I have to strongly contradict Doctor Fouche".

A vehement denial

She had never met Fouche, had not spoken to him and did not even know where his practice was.

"I pointedly deny that I told him not to get involved with Van der Westhuizen because he is guilty."

She said she had no idea if Van der Westhuizen was guilty or not, as this was not her function. She said her job was to assess the mental state of a person at the time of offence.

"I would never have made that statement to Doctor Fouche, and I strongly deny it," she told the court.

As he has done often, Van der Westhuizen burst into tears when Panieri-Peter told the court that Van der Westhuizen provided her with a lot of information during his observation period, but that he had become "very tearful" towards the end.

"At the hospital he was very much like he has been here in court — sometimes he's relaxed and sometimes he's not."

The case continues on Thursday.

Sapa