News / National
Tsvangirayi supporter murders Zanu-PF official, found not guilty
05 May 2016 at 17:09hrs | Views
A MAN who told court that he was an MDC-T supporter has been acquitted on charges of killing a Zanu-PF activist after a High Court judge ruled that he was of an unstable mind.
Jealous Tomasi of Chagadama Village in Magunje, Karoi was arrested in August 2008 facing charges of intentionally killing Wellington Beremauro from the same village.
He appeared before Justice Samuel Kudya.
Tomasi stabbed Beremauro with a spear in the stomach and struck him on the head on August 9.
However, Tomasi pleaded not guilty. In his defence, he admitted to throwing the spear but said he did so in self-defence as he was an MDC-T member who was being attacked by 10 Zanu-PF members led by Beremauro.
Tomasi told the court that when the Zanu-PF militia got to his homestead, he hid in his bedroom but in an effort to smoke him out, the militia set his thatched hut alight.
He then gave conflicting statements including that when the militia saw him armed they dispersed. He also said when one of the militia tripped him to the ground he picked himself up and ran away to seek refuge at his father's homestead.
He also claimed that when he realised that his father was part of the militia, he decided to change direction and ran along the main road which passes through his father's homestead.
Tomasi also told the court that on realising that his attackers were gaining ground on him, he threw a spear at them in order to scare them off and it stabbed Beremauro.
However, Justice Kudya dismissed these claims and said he was a poor witness adding that even his lawyer had conceded as much.
"Accordingly, we ordered that the accused be mentally examined by a government psychiatrist," Justice Kudya said, adding that the examination was carried out by one Dr. Mhaka on 4 March 2016.
"My examination revealed the following; Jealous Tomasi has a history of mental illness. In my opinion, at the time of the alleged crime the accused was mentally disordered," wrote Dr. Mhaka in his report.
This report, by the doctor, led to the acquittal of Tomasi by Justice Kudya.
"Accordingly, it is ordered that the accused is not guilty of murder by reason of insanity. The accused shall be returned to prison for transfer to Chikurubi Hospital Extension as to his mental state or treatment as prescribed in the Mental Health Act," ruled Justice Kudya.
Beremauro was killed at the height of political violence in 2008 after President Robert Mugabe of Zanu-PF had been defeated by MDC-T's Morgan Tsvangirai in that year's presidential election.
Jealous Tomasi of Chagadama Village in Magunje, Karoi was arrested in August 2008 facing charges of intentionally killing Wellington Beremauro from the same village.
He appeared before Justice Samuel Kudya.
Tomasi stabbed Beremauro with a spear in the stomach and struck him on the head on August 9.
However, Tomasi pleaded not guilty. In his defence, he admitted to throwing the spear but said he did so in self-defence as he was an MDC-T member who was being attacked by 10 Zanu-PF members led by Beremauro.
Tomasi told the court that when the Zanu-PF militia got to his homestead, he hid in his bedroom but in an effort to smoke him out, the militia set his thatched hut alight.
He then gave conflicting statements including that when the militia saw him armed they dispersed. He also said when one of the militia tripped him to the ground he picked himself up and ran away to seek refuge at his father's homestead.
He also claimed that when he realised that his father was part of the militia, he decided to change direction and ran along the main road which passes through his father's homestead.
Tomasi also told the court that on realising that his attackers were gaining ground on him, he threw a spear at them in order to scare them off and it stabbed Beremauro.
However, Justice Kudya dismissed these claims and said he was a poor witness adding that even his lawyer had conceded as much.
"Accordingly, we ordered that the accused be mentally examined by a government psychiatrist," Justice Kudya said, adding that the examination was carried out by one Dr. Mhaka on 4 March 2016.
"My examination revealed the following; Jealous Tomasi has a history of mental illness. In my opinion, at the time of the alleged crime the accused was mentally disordered," wrote Dr. Mhaka in his report.
This report, by the doctor, led to the acquittal of Tomasi by Justice Kudya.
"Accordingly, it is ordered that the accused is not guilty of murder by reason of insanity. The accused shall be returned to prison for transfer to Chikurubi Hospital Extension as to his mental state or treatment as prescribed in the Mental Health Act," ruled Justice Kudya.
Beremauro was killed at the height of political violence in 2008 after President Robert Mugabe of Zanu-PF had been defeated by MDC-T's Morgan Tsvangirai in that year's presidential election.
Source - southern daily
