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THE High Court has retained a special verdict on two mentally challenged men who were separately facing charges of murder.
Justice Andrew Mutema, who was on circuit in Hwange retained the special verdict on Cephas Nkomazana (39) of Shabulana Line in Lupane District who killed Makhalanga Sibanda (65) by assaulting him with a stick in 2009.The other one is Clifford Moyo, whose age was not given, who fatally struck his juvenile cousin with an axe while harvesting groundnuts in the fields in 2010.
Both men had a known history of mental illness as they were once committed to Mlondolozi Prison.
According to court documents, Moyo claimed he had auditory hallucinations, whereby he would see and talk to dead people.
Nkomazana and Sibanda appeared separately.
With Mr Felix Dube and Mrs Elizabeth Chazanga as assessors agreeing, Justice Mutema found both Nkomazana and Moyo not guilty and acquitted them.
The judge’s verdict was that the two be taken to Ingutsheni Central Hospital to be examined by a medical doctor in terms of the Mental Health Act Chapter 15:12.
In the case of Nkomazana, Sibanda was in his field harvesting on 19 May 2009 when he was approached by Nkomazana who started beating him on the head and all over the body.
Sibanda fell unconscious and his body was found lying in a pool of blood by his son, Claudio Sibanda.
The postmortem report showed that Sibanda died as a result of brain haemorrhage and skull fracture.
Moyo of Thembile Line in Pumula, Tsholotsho killed his cousin on 15 June 2010.
The two had left their parents’ homestead in the morning and Moyo returned home alone at about 3pm claiming that Knowledge Dube had returned mid-morning.
When the little girl did not return home at about 6pm, villagers went to the fields to look for her and her body was found lying about 100 metres from the fields.
The dead girl lay on her back while her dress was raised to her chest and panties lowered to ankles.
Her body had two wounds above the right eye and clotted blood on the face.
Mr Whisper Mabhaudhi from the Attorney General’s Office represented the State.
Online Reporter