The State v Bright Ndlovu

### Preamble
1
HB 88/22
HC (CRB) 33/22
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THE STATE

Versus

BRIGHT NDLOVU

IN THE HIGH COURT OF ZIMBABWE

DUBE-BANDA J with Assessors Mr T.E Ndlovu and Mr S.L Bazwi

HWANGE 7 MARCH 2022

Criminal trial

Mrs M. Cheda, for the State

G. Musengi for the accused

DUBE-BANDA J: The accused appears in this court on a charge of murder, as defined in section 47 of the Criminal Law (Codification and Reform) [Chapter 9:23]. It being alleged that on the 18th May 2021, accused unlawfully caused the death of Muchaneta Siziba (deceased) by stabbing her with an okapi knife several times all over the body intending to kill her or realising that there was a risk or possibility that his conduct may cause death and continued to engage in that conduct despite the risk or possibility.

The accused pleaded not guilty to the charge. Mr Musengi counsel for the accused explained that accused was denying the charge on the basis that at the time of the alleged offence he was suffering from a mental disorder, and therefore he cannot be held criminally liable for his conduct.

State counsel and defence counsel tendered into the record of proceedings a statement of agreed facts. The statement is before court and marked Annexure A, and it reads as follows:

The State and the Defence are agreed that the following issues are common cause being that:

The accused was 28 years of age at the time this office was committed and he resides at the Zimbabwe Republic Police Quarters, Victoria Falls where he is employed as a Police Officer.

The deceased was 22 years of age at the time she met her death and she used to reside at Ester Dumbulo Shoko’s homestead, Kenyangu Village, Chief Pashu, Binga.

The accused and the deceased were husband and wife and were on separation.

On the 17th June 2021, the accused and the deceased met at Ester Dumbulo Shoko’s homestead who is deceased’s aunt so as to mediate between the two.

The accused and the deceased discussed the issue of getting back together but deceased turned down accused’s request to reconcile as she alleged that the accused was abusive.

The accused then requested that the deceased give him back a cell phone he had purchased for her since she did not want to reconcile with him. The deceased however indicated that she would give him back the cell phone the following morning as she could not locate it.

The accused was annoyed by this, he then removed a knife from his pocket and stabbed the deceased several times all over the body.

The deceased collapsed and died on the spot.

The accused fled from the scene and was eventually arrested on the 20th June 2021.

Prayer

The State and the Defence pray that the Honourable Court returns a special verdict in terms of section 29(2) (a) of the Mental Health Act [Chapter 15:12] since the accused suffered from mental disorder (Substance Induced Psychosis). Accused was mentally disturbed to such an extent that he could not be held responsible for his conduct.

The State tendered into evidence the post mortem report. It is before court and marked Exhibit 1. It was compiled Dr Juana Rodriguez Gregori at United Bulawayo Hospitals on the 21st June 2021. The findings in the post mortem report lists the cause of death as hypovolemic shock and stab wound. Further the State tendered an okapi knife that was used to stab the deceased. It is before court as Exhibit 3. It has the following measurements: length of blade 11cm, width of blade (wide end) 2cm, width of blade (at the tip) 4cm, length of wooden handle 15cm, width of wooden handle 2cm.  A report compiled by a Psychiatrist, Dr. Elena Poskotchinova stationed at Ingutsheni Central Hospital, Bulawayo is before court and marked exhibit 2. The expert opined that at the time of the alleged crime, the accused was mentally disordered, i.e. suffering from substance induced psychosis. He did not appreciate the wrongfulness of his conduct. The report concludes thus:

In my opinion there is a reasonable possibility that at the time of the alleged crime the accused was suffering from mental disorder (Substance Induced psychosis). He was mentally disturbed to such an extent that he should not be held legal responsible for his actions. He is dangerous to society and needs special verdict to return. …. He is fit to stand trial.

The evidence shows that the injuries inflicted on the deceased were caused by the accused. He stabbed deceased several times with an okapi knife (Exhibit 3). The post mortem report shows that the injuries inflicted by the accused caused the death of the deceased.

In the circumstances of this case, and having regard to the undisputed evidence before court, it is clear that at the time of the commission of the offence the accused was suffering from a mental disorder and as such he cannot at law be held responsible for his conduct, i.e. the offence of murder. In the circumstances, it is appropriate for the court to return a special verdict, i.e. the accused is not guilty because of insanity.

In the result, it is ordered as follows:

The accused is found not guilty and acquitted by reason of insanity.

The accused is hereby returned to prison pending transfer to Mlondolozi Special Institution for further examination and treatment in terms of section 29(2)(a) of the Mental Health Act (Chapter 15:12).

National Prosecuting Authority state’s legal practitioners

Muviringi and Associates accused’s legal practitioners