adminMashudu Netsianda Senior Court Reporter
A FILABUSI man who stabbed his 67-year-old aunt with a machete and left her to bleed to death in a bush, was yesterday declared mentally unstable. Bulawayo High Court Judge Justice Nokuthula Moyo committed the man to Mlondolozi prison — a mental health institution at Khami Maximum Security Complex.
She ruled that Mtshumayeli Gwebu, 21, of Dingumuzi village could not be held legally responsible for his actions as he was mentally unstable at the time of murdering his aunt, Eldar Gwebu.
She ordered Mtshumayeli to be confined to Mlondolozi Mental Institution as he was a danger to society.
Justice Moyo retained a special verdict of not guilty of murder because of insanity in terms of section 29 (2) of the Mental Health Act.
“In this case, Mtshumayeli has been examined by doctors and assessed by clinical psychologists whose findings are that he shouldn’t be held liable for his conduct. At the time of committing the crime, Mtshumayeli was suffering from a mental illness. Although the court isn’t bound by the psychiatric reports, we’re somehow persuaded to accept that indeed Mtshumayeli was mentally unstable and in the circumstances he’s found not guilty of murder by reason of insanity,” ruled Justice Moyo.
Mtshumayeli, who was clad in khaki prison garb, yesterday appeared normal throughout the entire court proceedings.
He was 19 years old when he committed the gruesome murder.
Prosecuting, Nokuthaba Ngwenya said on December 6, 2012, shortly after 7AM, Mtshumayeli approached his aunt from behind as she was walking on a footpath from Filabusi Business Centre in the company of her neighbour, Etina Sibanda.
The court heard that without saying a word, Mtshumayeli stabbed the victim with a machete once on the back and Sibanda screamed for help.
“Soon after committing the crime, Sibanda screamed for help as she charged towards Mtshumayeli carrying stones and he ran away,” said Ngwenya.
Sibanda phoned her relative to bring a scotch-cart, which they used to transport Eldar to hospital.
Mtshumayeli’s aunt was taken to Zhulube Clinic before she was transferred to the United Bulawayo Hospitals (UBH) for further treatment. She however, succumbed to the injuries and died on the same day.
According to a postmortem report, the cause of the death was pulmonary oedema (swollen lungs), herniated stomach to chest cavity and congenital malformation.
Mtshumayeli was examined by Dr Elena Poskotchinova at Ingutsheni Central Hospital who concluded that there was reasonable possibility that at the time of the crime, Mtshumayeli was suffering from probable schizophrenia — a mental problem.
Priscillah Da Silva of Joel Pincus and Konson Legal Practitioners represented Mtshumayeli.
Bongani Moyo
Online Reporter