Mashudu Netsianda Senior Court Reporter
A HOPE Fountain man who clobbered his father to death with a knobkerrie while his mother watched helplessly, has been freed after the High Court ruled that he was mentally unstable when he committed the brutal killing.
Vulindlela Ncube, 41, fatally assaulted his father Enos Ncube, 64, after accusing him of bewitching him.
Vulindlela of Village B, will however, be restricted to a special institution to receive medical treatment after Justice Francis Bere of the Bulawayo High Court passed a not guilty verdict.
The judge ruled that Vulindlela could not be held legally responsible for killing his father as he was mentally ill at the time of committing the crime.
Justice Bere returned a special verdict of not guilty to a murder charge because of insanity in terms of the Mental Health Act
Medical reports compiled by psychiatrists showed that Vulindlela was suffering from mental health problems when he killed his father.
“From the evidence given in court, Vulindlela was examined by psychiatrists and the medical report showed that he was suffering from a mental disorder. He has been found not guilty of murder by reason of insanity and therefore can’t be held legally responsible for his actions,” ruled Justice Bere.
The judge said Vulindlela was a danger to society and ordered him to be taken to a mental health institution for further treatment.
Prosecuting, Whisper Mabaudhi said on May 14, 2010 shortly after 5.30PM, Vulindlela arrived home from a beer drink and proceeded to the sitting room where he took a teapot and a mug.
The court heard that when his father took a knobkerrie and rebuked him, Vulindlela became violent and he disarmed his father and started assaulting him.
“Ncube fell down and Vulindlela struck him in the face and forehead until he died,” said Mabaudhi.
Vulindlela’s mother alerted her neighbours and they came and apprehended Vulindlela. A report was made to the police leading to his arrest.