HOME Affairs minister Kembo Mohadi’s nephew has been described as a dangerous person who should not be unleashed on society after the High Court ascertained that he killed his wife and mother-in-law.
However, Bulawayo High Court judge Justice Andrew Mutema passed a not guilty verdict, as he ruled that Thinandavha Kwinda Muleya was not mentally stable when he committed the acts and referred him to Mlondolozi mental institution for further assessment.
Muleya (37), who was represented by David Mhiribhidi, pleaded not guilty to the charge of murdering his wife Hildah Maphosa (24) and his mother-in-law Joice Maphosa (53).
Mutema in his judgment yesterday said Muleya was on different occasions examined by different doctors before he was later examined by a psychiatrist.
He said the psychiatrist indicated that she examined him on December 16 2013 and three more times last year, before concluding that he was mentally unstable and had a drug-related mental illness.
The mental illness was reportedly triggered by drugs as he was said to be taking four twists of mbanje a day and drank alcohol.
Mutema said Muleya had abused cocaine and suffered auditory and imagery hallucination. The judge said on the day he killed his mother-in-law, Muleya is said to have claimed that he was hearing voices telling him to kill her.
“This shows that he had a framic type of behaviour, such as being told to kill by voices of unseen people,” Mutema ruled.
“With the episode of such unpredictable behaviour, he was tested for HIV and he tested positive.
“Through the culmination of his behaviour, in my opinion, the accused was suffering from mental problems caused by the effects of HIV, drug use and alcohol. He was mentally disturbed to such an extent that he cannot be held responsible for his actions.”
Mutema said in that regard he was dangerous to society and was not fit to live with the community, although he was fit to stand trial.
“I’m not a medical doctor. The doctor’s report does not bind the court, but in this instance the psychiatrist’s opinion cannot be doubted.
“We accept it,” he said. “In this case, the court verdict is that the accused is not found guilty in respect of the reasons stated.”
Mutema said it was the duty of the court not to “unleash such a person to society”.
Agreed facts between the State and defence are that Muleya and his wife Hildah had a marital dispute on December 26 2012, which prompted his wife to return to her parents’ home.
Muleya followed her on December 27 and when he got there, his father-in-law advised him to bring his relatives so the matter could be resolved.
He left his in-laws’ home and returned with his wife’s property, which he dumped there. An argument ensued between him and his wife as she was picking up her belongings which were strewn all over the place.
Muleya then produced a VZOR pistol and shot her once on the head and she died instantly.
His wife’s mother, who was in the kitchen, heard the gunshot and rushed out, but she too was shot in the head and died instantly.
The father-in-law and a son then disarmed Muleya, but he managed to flee.
A report was made to the Beitbridge police.
Muleya was examined by Elena Poskotchinova, a psychiatrist, whose findings were that he should not be held liable for his conduct.