Man freed in murder case

From George Maponga
in Masvingo
A Gutu man who axed four family members to death — three of whom he beheaded —  has been freed after the High Court ruled that the accused was mentally unstable when he committed the brutal killings three years ago.
Stephen Mabika (34) of Mabika Village under Chief Chitsa will, however, be restricted to a special institution to receive medical treatment after Justice Susan Mavangira sitting on High Court Circuit here on Thursday passed a not guilty verdict.
Mabika killed Muchayemura Hwendero (28), Privilege Mabika (5), Albert Mabika (38) and Nyemudzai Mabika in April 2007.
The first three were decapitated while the fourth was struck all over the body with an axe.
Justice Mavanagira, sitting with assessors Mr Eliphas Gweru and Mr Samuel Mtomba, acquitted Mabika on all four counts of murder after his lawyer, Mr Dumisani Hwacha of Ndlovu and Hwacha Legal Practitioners, submitted that his client was mentally unstable at the time.
A psychiatric assessment came to the same conclusion and recommended that the accused undergo treatment for the rest of his life.
It was proved that at the time, Mabika was not aware of what he was doing and his lawyer submitted that the accused could not even recall what took place.
Mr Hwacha said according to the Mental Health Act, it was just for Mabika to be freed because he could not appreciate the nature of his crimes.He further submitted that his client was ready to be reintegrated into society after receiving treatment.However, Justice Mavangira ruled that Mabika be placed in interim custody at a special institution until such a time he would be deemed fit for reintegration.
This was after State counsel Mr Elson Chavarika submitted that the accused still needed to be monitored closely.Charges against Mabika arose on April 7, 2007 when he went into a bedroom hut where Muchayemura, Privilege and Albert were sleeping in Chitsa communal lands.He was armed with two axes and decapitated them.Mabika then went to the hut where Nyemudzai was sleeping and stuck him several times until she died.
Members of the community, on discovering what had happened, apprehended Mabika and handed him over to the police.