HIGH COURT OF ZIMBABWE
BULAWAYO 15 MAY 2018
Miss Ngwenya for the state
B Sengweni for the accused person
MOYO J: The accused person in this matter faces a charge of murder, it being alleged that on 21 June 2015 he assaulted the deceased Forgiveness Sibanda resulting in his death.
The accused person pleaded not guilty. Documentary evidence was produced in the form of the state summary, the defence outline, the affidavit of the police officer who identified the deceased’s body to the pathologist, the post mortem report, the accused’s confirmed warned and cautioned statement as well as the psychiatrist report on accused’s mental condition. They were all duly marked. Accurate Nyoni gave viva voce evidence for the state. The evidence of Lucia Nyoni, Pasca Nyoni, Perish Makube, Gilbert Sigauke, Mehluli Sibanda and Dr Roberto Trecu was admitted into the court record as it appears in the state summary in terms of section 314 of the Criminal Procedure and Evidence Act [Chapter 9:07].
The accused person gave evidence for the defence. The facts of the matter are largely common cause. The accused was the father to the deceased, a 3 year old boy with a physical disability that affected his ability to walk and talk. He was therefore lame and dumb.
The accused and the mother of the deceased who is his wife tried to seek help from various quarters in a bid to heal their son. The prophets that they consulted told them that the child was bewitched by the mother’s family. The accused was also told by some of these faith healers that the child was a goblin and that he lived in a granary. On the fateful day, the mother