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A Binga man who was released from prison on Presidential amnesty fatally axed his two nephews both aged 5-years-old with an axe and they died on the spot last year.
Themba Muleya, 39, of Sikhalala village under Chief Dobola in Binga had been jailed in 2010 after he was convicted for killing his brother and he was released from prison on Presidential amnesty in 2018.
However, the High Court has retained a special verdict and sent Muleya to Mlondolozi Mental Institution, after establishing that he was suffering from a mental illness when he committed the crime.
It was established that the accused person has a history of mental illness that dates back to childhood when he started abusing alcohol and drugs, according to a report from psychiatrists.
Bulawayo High Court judge Justice Martin Makonese, sitting at the Hwange High Court circuit yesterday, invoked Section 29 of the Mental Health Act and found Muleya not guilty of two counts of murder.
The court had entered a plea of not guilty on behalf of Muleya who had admitted to the charges.
Muleya, who was represented pro-deo by Charles Mleza of Legal Aid Directorate, said he was not mentally stable when he committed the crimes.
Justice Makonese said the court is satisfied that the accused was suffering from mental illness at the time he committed the crimes and finds him not guilty in terms of Section 29 of the Mental Health Act.
He also said the accused has to be returned to prison pending transfer to Mlondolozi Special Institution for further mental examination as the accused is a danger to society.
The State represented by Martha Cheda said Muleya used an axe to kill his nephews Vivid Muleya and Sialeba Reveal Tshuma who were both aged five and were residing at the same homestead with him.
Reports indicates that Muleya hit Vivid with the back of the axe before axing him with it. He turned to Sialeba and struck him on the neck with the same axe and both minors fell down and died on the spot.
