Insanity saves murder suspects

BULAWAYO High Court Judge Justice Martin Makonese yesterday acquitted two men who were facing separate murder charges after finding them not guilty by reason of insanity.

A 20-year-old Zhombe man who strangled his six-year-old cousin with rope made from a tree bark and threw his lifeless body in a river will be transferred to a mental institution for care and treatment following his acquittal.

Justice Makonese sitting at the Gweru High Court Circuit found Marvellous Moyo not guilty of the murder of Takudzwanashe Muguti on 12 December 2012.

In his judgment, Justice Makonese said it had been observed by a psychiatrist that Moyo had a history of mental illness from the age of five when he suffered from auditory hallucinations.

"According to the psychiatrist who examined you, on the fateful day, you heard an instruction that you should go and kill your cousin. You caught him and he suddenly turned into a vampire with sharp teeth and wanted to kill you.

The court accepts those findings and you can't be held criminally liable on basis of insanity," said Justice Makonese.

He said Moyo will be returned to prison pending transfer to a mental institution for care and  treatment.

It was the State's case, as presented by prosecutor Mr Tafadzwa Mupariwa, that on the fateful day at about 3pm, Takudzwanashe was with four other children herding cattle in a grazing area.

Mr Mupariwa said Moyo approached them and alleged that they had taken his scotch-cart.

"The juveniles professed ignorance of the issue. This incensed the accused who became violent, causing the juveniles to scatter," he said.

Moyo, Mr Mupariwa said, ran after Takudzwanashe and caught up with him, lifted him and carried him away on his shoulders into the bush.

He said when he got into the bush, Moyo strangled Takudzwanashe using rope from tree bark until he died and threw his lifeless body into Magwizi  River.

Mr Mupariwa said word got around the village that Moyo had kidnapped Takudzwanashe, prompting villagers to approach him before he showed them where he had thrown his body.

He said the matter was reported to the police, leading to Moyo's arrest.

In the second matter, Justice Makonese found Arthur Matare not guilty of murdering his brother's three-week-old daughter, Thandiwe.

Matare grabbed the baby by the neck from her mother — Agneta Chigumira — and used her as a whip to strike her several times before smashing it on the ground, leading to the baby's death.

Justice Makonese said findings by a psychiatrist had shown that Matare, who is an HIV patient, suffered from organic psychosis (abnormal brain function)    and therefore could not be held responsible for his actions.

Mr Mupariwa, for the State, said on 6 March 2011, Matare went to Blessing Matare's homestead at about 3pm and found Chigumira alone breastfeeding her daughter.

He said Matare entered the hut and inquired whether his brother had left the keys to his house.

He said after being told that no keys had been left, Matare became furious and snatched baby Thandiwe from Chigumira.

"He then used the deceased baby as a whip to strike Chigumira several times. Thereafter Matare smashed the baby onto the floor. He also picked up a piece of brick and struck Chigumira once on the knee before he fled from the scene," said Mr Mupariwa.

A report was made to the police leading to his arrest.

Pro deo lawyer, Nomore Nlabano, of Makonese and Partners appeared for Moyo and Matare.