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Mashudu Netsianda, Senior Court Reporter
A TEACHER who axed his two granddaughters to death before attempting to kill his wife, abused cocaine and other dangerous drugs leading to insanity, a High Court judge heard yesterday.

Bulawayo High Court Judge Justice Martin Makonese yesterday ruled that Reuben Maphosa (53) of Mafuku Primary School Cottages in Guyu area, Gwanda, could not be held legally responsible for his actions as he was mentally disturbed due to drug abuse.

“From the evidence presented before the court, there is a reasonable possibility that the accused person suffered from mental illness at the time of committing the offence. The accused is therefore not legally responsible for his actions,” said the judge.

Justice Makonese returned a special verdict of not guilty because of insanity in terms of the Mental Health Act.

He ordered Maphosa to be confined to Mlondolozi Mental Institution for further treatment, saying he was a danger to society.

Maphosa was facing two counts of murder and one of attempted murder.

In his ruling, Justice Makonese expressed concern over an upsurge in murder cases committed by mental patients.

“Mental health institutions are overwhelmed by the increasing number of patients. It’s the court’s view that mental health should be given top priority,” said Justice Makonese.

Maphosa, who was clad in khaki prison garb however appeared normal throughout the entire court proceedings as he gave coherent responses.

He said he agreed with the prosecutor’s narration of sequence of events on the fateful day.

Prosecuting, Mr Khumbulani Ndlovu said on July 22 last year Maphosa’s wife, Jennifer woke up and caught her husband redhanded smoking dagga. When she confronted him, he apologised.

The court heard that Maphosa thereafter went to take a bath and after finishing he started walking around the house naked.

Jennifer confronted her husband and demanded to know why he was walking naked resulting in a dispute.

“A misunderstanding ensued between the two and Maphosa became violent and tried to attack his wife with an axe before she escaped,” said Mr Ndlovu.

The court heard that Maphosa went to a room where his two granddaughters aged four and 12 years were sleeping.

He turned the axe on the two juveniles killing one on the spot. The other one died later on admission to Manama Mission Hospital.

A report was made to the police leading to Maphosa’s arrest.

According to a post mortem report, the cause of death was severe brain damage, multiple skull fractures, assault and sharp force trauma.

According to a psychiatrist report, Maphosa was suffering from organic psychosis, a mental disorder related to substance abuse.

Mr Kholwani Nyathi of TJ Mabhikwa and Partners represented Maphosa.

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