THE STATE

versus

HARDLIFE NHOKWARA

HIGH COURT OF ZIMBABWE

MATHONSI J

GWERU 21 MAY 2018

Criminal Trial

T Mupariwa for the state

Ms B Makaripe for the accused

            MATHONSI J:          The accused was 21 years old at the time of the commission of the offence and resided at Hove village in Zvishavane.  He is facing a charge of murder as defined in section 47 of the Penal Code [Chapter 9:23].  It is alleged that on 22 May 2016 at around 1100 hours, he fatally assaulted his biological mother Juliet Nhokwara at her homestead.  The accused person is pleading insanity which the state has accepted.

            According to the statement of agreed facts placed before us the deceased had been collecting firewood next to her homestead when the accused suddenly picked up a pestle, walked up to her and struck her several times on the head before taking to his heels leaving his mother bleeding profusely and screaming for help.  She later died from the injuries she sustained.

            According to Dr J Betancourt, a pathologist based at United Bulawayo Hospitals, who examined the deceased’s body, the cause of death was severe cerebral oedema, universal subarchnoid haemorrage and skull fracture due to beating.  We have also had sight of the report compiled by Dr Elena Poskotchinova, a psychiatrist at Ingutsheni Hospital in Bulawayo, who examined the accused between 3 October 2016 and 15 February 2017.  She concluded that;