A 23-YEAR-OLD Zhombe man, who strangled a six-year-old boy, Takudzwanashe Muguti, with a bark string in December 2012 has been acquitted of murder after the High Court considered his unstable mental history. Stephen Chadenga
Marvellous Moyo of Chief Malisa in Zhombe was yesterday referred back to WhaWha Maximum Prison for further treatment at a mental institution after High Court judge Justice Martin Makonese ruled that he had a documented history of mental problems.
The judge said the man could not be legally held responsible for his actions at the time he killed the boy.
In his ruling, Justice Makonese relied on a psychiatrist report produced by Dr Elena Poskotchinova at Ingutsheni Hospital, which confirmed Moyo’s mental problems.
It was the State’s case that on December 12 2012, Moyo, aged 20 then, approached the deceased who was in the company of other four juveniles herding cattle.
Moyo accused them of taking his scotch-cart and got angry when the juveniles said they did not know anything about the scotch-cart.
In the ensuing melee, he got hold of Takudzwanashe, and strangled him using a bark before dumping the body in Magiwizi River.
Takudzwanashe’s body was only recovered after Moyo led the village elders to the place where he had dumped the body.
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A post mortem report produced in court as evidence showed that the juvenile died of strangulation, asphyxia and homicide.
In a related incident, Justice Makonese acquitted 36-year-old Chirumanzu man, Arthur Matare, who was facing charges of killing his brother’s three-week-old.
Matare escaped prison term on insanity grounds.
The State’s case was that on March 6 2011 Matare went to his brother Blessing Matare’s homestead where he found the latter’s wife, Agneta Chigumira breastfeeding the toddler.
He enquired for keys to his house and when he was told there were no keys he became angry.
Matare grabbed the toddler by the neck and smashed it on the ground. The toddler died instantly.
