Criminal
Trial (Mental Health Act 15:12)
MUZENDA
J:
The
accused was arraigned before us on a charge of murder and attempted
murder as defined in section 47(1)(a) or (b) of the Criminal Law
(Codification and Reform) Act [Chapter
9:23].
The
state alleged that on 20 December 2017 and at Guvheya homestead,
Nyatsanza Village, Chief Mutasa, the accused unlawfully caused the
death of Eugenia Guvheya by assaulting her with an axe handle all
over the body intending to kill her or realising that there was a
real risk or possibility that his conduct might cause death and
continued to engage in that conduct despite the risk or possibility
thereby causing severe injuries from which the said Eugenia Guvheya
died.
On
the second count it is alleged that on the same fateful date the
accused unlawfully attempted to cause the death of Christina
Chidhakwa by assaulting her with an axe on the left side of the head
thereby causing severe injury from which the said Christina Chidhakwa
could have died.
When
the 2 charges were put to the accused, he indicated to court that he
admits what happened but that it occurred when he was mentally
challenged. As a result pleas of not guilty were entered.
The
state and defence counsel advised the court that they had taken a
position informed by the nature of accused's plea and the affidavit
of Dr Patience Mavunganidze, a psychiatrist, to proceed in terms of
section 29 of the Mental Health Act [Chapter
15:12].
The
affidavit of Dr P Mavunganidze was tendered as evidence and was
accepted by the court as exh 1 by consent.
A
statement of agreed facts was tendered as an exhibit, it summarises
the events as follows:
On
20 December 2017 at Guvheya homestead, Nyatsanza Village, Chief
Mutasa, the accused assaulted the deceased with an axe handle all
over the body. The deceased sustained severe injuries which caused
her death.
The
accused went on and attempted to cause death of Christina Chidhakwa
by assaulting her with an axe on the left side of the head thereby
causing severe injuries from which the said Christina Chidhakwa could
have died.
Christina
Chidhakwa was rushed to Bonda Mission Hospital for treatment and a
medical report was compiled.
The
deceased's body was conveyed to Parirenyatwa Hospital Mortuary
where a post-mortem examination was conducted by Dr Roberto Trecu. He
concluded that the cause of death was due to -
(a)
traumatic shock;
(b)
spine and ribs fractures haemoperitaemic;
(c)
multiple traumas due to assault.
At
the time of the commission of the offence the accused was mentally
disordered and unable to control himself such that he lacked criminal
responsibility.
The
account given in the summary of the state case reflects a horrendous
unprovoked assault consistent with a mental disorder in view of the
fact that the deceased was accused person's grandmother.
Complainant Christina Chidhakwa is her mother.
The
state further produced the following by consent of the defence
counsel:
(i)
Post-mortem report.
(ii)
Medical report.
(iii)
Certificates of weight.
(iv)
Sketch plan.
(v)
Axe handle and the axe.
Given
the statement of agreed facts, the psychiatrist medical evidence and
the circumstances under which the offence was committed, the court
agreed with the state and defence counsels that the matter be handled
in terms of the Mental Health Act.
The
circumstances call for the return of a special verdict of Not Guilty
because of insanity.
It
was also agreed between the state and the defence that accused still
requires management, treatment and rehabilitation and in our view it
would be improper to prematurely release him. Institutionalisation of
the accused is ideal for his recovery.
Accordingly,
it is ordered that:
(a)
Accused is found Not Guilty because of insanity.
(b)
The accused be returned to prison for transfer to Chikurubi
Psychiatric Unit or such other appropriate institution for treatment
and management until discharge therefrom by a competent body.
National
Prosecuting Authority,
State's legal practitioners
Khupe
& Chijara Law Chambers,
Accused's legal practitioners
