adminMashudu Netsianda Senior Court Reporter
A PLUMTREE mental patient fatally assaulted his brother after claiming that he possessed goblins that were behind the deaths of four family members, the Bulawayo High Court heard yesterday.
Joseph Ncube, 54, a former patient at Ingutsheni Hospital in Bulawayo, appeared before Justice Martin Makonese facing a murder charge in connection with the killing of his brother, Madodana Ncube, 64.
Justice Makonese ruled that Joseph committed the murder while suffering from a mental illness and as such he could not be held legally responsible for the crime.
The judge said the mental patient suffered from auditory hallucinations and delusion due to chronic schizophrenia – a mental disorder often characterised by abnormal social behaviour and failure to recognise what is real.
“From the evidence in court we’re satisfied that Joseph caused the death of Madodana. However, basing on the psychiatrist’s findings, the court has concluded that Joseph was at the time of committing the crime suffering from mental illness and he should therefore not be held legally responsible for the crime,” ruled Justice Makonese.
“In terms of section 25 of the Mental Health Act, Joseph is found not guilty by reason of sanity and accordingly should be returned to prison for further transfer to an institution for care and treatment as he is dangerous to society.”
Prosecuting, Nokuthabo Ngwenya said on January 10 last year shortly after 9PM, Joseph went to his late brother’s homestead and stopped at the gate.
“While at the gate, Joseph insulted Madodana who was just about to sleep in his bedroom. He accused his brother of bewitching him, telling him that he and his wife were breeding goblins that were responsible for the deaths of four family members,” said Ngwenya.
The court was told that Madodana stormed out of his bedroom and found his younger brother gone.
“Madodana was angered by Joseph’s actions and took his whip and a torch before following his younger brother on a bicycle,” said Ngwenya.
When he caught up with Joseph, he confronted him and demanded an explanation as to why he was accusing him of witchcraft.
An altercation ensued during which Joseph pushed Madodana to the ground. Joseph savagely assaulted Madodana with fists and kicked his head as he lay helplessly on the ground.
The court heard that after committing the crime, Joseph fled, leaving his brother lying in a pool of blood.
Madodana was discovered lying unconscious the following morning by local villagers and they took him to St Annes Brunapeg Hospital. He was further referred to United Bulawayo Hospitals where he died on January 17.
In his defence through his lawyer, Felicity Ndou, Joseph argued that when he committed the crime he was not in control of his mental faculty.
“My client suffered from hallucinations when he committed the crime and a report by a psychiatrist from Ingutsheni Hospital also confirmed that he was a mental patient. On the day he committed the crime he had run out of medication,” said Ndou.
Online Reporter