adminLeonard Ncube Court Reporter
THE trial of a mentally challenged man from Madlambuzi area in Bulilima District who allegedly fatally struck his mother with a log over an undisclosed issue in 2008 failed to start at the Bulawayo High Court because of his mental condition.Justice Lawrence Kamocha ruled that Nkulumane Nkomo (31) from Chief Masendu’s area be sent back to a psychiatrist for re-examination.
This follows a report by the psychiatrist that he was not fit to stand trial.
“We cannot try an ill person. The doctor’s report says that he is unfit to stand trial and therefore I will remove the matter from the roll,” said Justice Kamocha.
Nkomo is facing a charge of murder following the death of his mother Qonde Ndebele who was 66 when she died. Nkomo’s lawyer, Mr Robinson Mahachi of T Hara and Partners had applied to have a special verdict granted his client in terms of Section 29(2)(a) of the Mental Health Act, Chapter 15:12 but the matter could not be heard.
For the State, Ms Nokuthaba Ngwenya from the Attorney General’s Office told the court that Nkomo lived with his mother at their homestead in Madlambuzi.
It is alleged that on 2 March 2008 at about 10am, Nkomo picked a log and allegedly struck Ndebele four times on the head with it.
The court was told that Ndebele collapsed and was later found lying unconscious by Mr Langa Ndebele.
She allegedly died a few hours later at about 1pm. Mr Ndebele told police investigators that Nkomo was mentally challenged.
After his arrest, Nkomo was sent to be examined by a psychiatrist to ascertain his mental state.
On three occasions, the psychiatrist found that Nkomo had a disability of mind and could not appreciate the nature of his conduct, the court was told.
Online Reporter