THE Bulawayo man who
brutally killed his wife before mutilating the body and dumping the parts
around the city was suffering from a mental disorder at the time, a High Court
judge has ruled.
In his judgment in the case of Givemore Nyazvigo, senior Bulawayo High Court judge, Justice Nicholas Ndou sitting with Mrs Annette Moyo and Mrs Agnes Dhlula as assessors, accepted the medical evidence of a psychiatrist.
In her report, the psychiatrist stated that in her opinion there was a reasonable possibility that at the time of the alleged crime, Nyazvigo was suffering from a mental disorder (organic psychosis related to HIV, mbanje and alcohol abuse).
Added the psychiatrist: "He was mentally disturbed to such an extent that he should not be held responsible for his action. He is dangerous to society and needs a special verdict returned."
Justice Ndou found him not guilty of murder due to insanity and returned a special verdict.
The court ordered that he be taken to Mlondolozi Special Institution where he would continue receiving treatment.
In his judgment Justice Ndou noted that two of Nyazvigo's siblings, Ms Beauty Pirikisi and Darlington Pirikisi, both testified that he started drinking while in Grade Seven and that he at times behaved strangely.
The siblings also testified that there was a history of mental challenges in the family with a paternal uncle and a younger brother suffering from a mental disease.
"The court finds the account given by the siblings to have been credible as they both gave credible accounts of his character.
"The psychiatrist who examined him states that he started having mental challenges in 1996 and her description of his behaviour is consistent with the story told by his siblings," said Justice Ndou.
The court also found that Nyazvigo abused alcohol and mbanje and that he appeared to be jealous and obsessed about his wife.
"The chopping of the body into small pieces and loading the parts into sacks and carrier bags before dumping them in Famona and North End is indicative of his mental disorder," said the judge.
Nyazvigo (31), of Number 82 Cecil Avenue in Hillside, last week pleaded not guilty to the murder of Lydia Sibanda (25).
It was his defence that about two weeks before 13 August, he started hearing strange voices talking to him and urging him to kill his wife as she was double-crossing him with another man.
"As the days progressed, accused would continuously hear multiple voices urging him to kill his wife, chop and mutilate her body into pieces and place the body parts in the refrigerator where it would be easy for the voices to retrieve and eat the flesh," said the defence outline filed by his pro deo lawyers, Mr Kucaca Phulu and Ms Synthia Simangaliso Ncube, both of Phulu and Ncube Legal Practitioners.
He further stated that on the night of 13 August 2011 he bought two bottles of Vodka, which he drank before smoking two twists of mbanje.
His wife's cellphone rang several times and she did answer it and voices started telling him that his wife was being called by another man who was her lover and that he should kill her and drink her blood, he claimed.
He concluded by stating that at the time he committed the offence he was afflicted by a disease of the mind, was not in his sober and sound senses, as he was mentally disturbed to such an extent that he was not legally responsible for his actions.
The State case as presented by Ms Angeline Munyeriwa assisted by Ms Sifiso Ndlovu is that on 13 August last year at night, Nyazvigo had a misunderstanding with his wife.
The misunderstanding degenerated into a fight and Nyazvigo armed himself with an axe with a metal handle and struck her in the forehead, the State said.
He removed the axe from where it was stuck and she died shortly after that. He covered the corpse with a blanket and continued drinking his beer until the next day.
He continued with his drinking spree and even invited his friend Raymond Moyo who learnt about the murder but never went back.
On the third day, Nyazvigo chopped the body into small pieces and put them in sacks and plastic bags. He dropped the body parts, starting with the heaviest, near Ingutsheni Hospital, Famona and North End.
After disposing of the body parts, the State alleged, Nyazvigo went to his sister's residence in North End where he confessed to the murder.
Through his indication, the axe, a kitchen knife and most of the body parts were recovered. Others, like the liver and heart, which he claimed he flushed down the drain, and the intestines, which he said he buried at the corner of the yard where they stayed, were not recovered.
In his judgment in the case of Givemore Nyazvigo, senior Bulawayo High Court judge, Justice Nicholas Ndou sitting with Mrs Annette Moyo and Mrs Agnes Dhlula as assessors, accepted the medical evidence of a psychiatrist.
In her report, the psychiatrist stated that in her opinion there was a reasonable possibility that at the time of the alleged crime, Nyazvigo was suffering from a mental disorder (organic psychosis related to HIV, mbanje and alcohol abuse).
Added the psychiatrist: "He was mentally disturbed to such an extent that he should not be held responsible for his action. He is dangerous to society and needs a special verdict returned."
Justice Ndou found him not guilty of murder due to insanity and returned a special verdict.
The court ordered that he be taken to Mlondolozi Special Institution where he would continue receiving treatment.
In his judgment Justice Ndou noted that two of Nyazvigo's siblings, Ms Beauty Pirikisi and Darlington Pirikisi, both testified that he started drinking while in Grade Seven and that he at times behaved strangely.
The siblings also testified that there was a history of mental challenges in the family with a paternal uncle and a younger brother suffering from a mental disease.
"The court finds the account given by the siblings to have been credible as they both gave credible accounts of his character.
"The psychiatrist who examined him states that he started having mental challenges in 1996 and her description of his behaviour is consistent with the story told by his siblings," said Justice Ndou.
The court also found that Nyazvigo abused alcohol and mbanje and that he appeared to be jealous and obsessed about his wife.
"The chopping of the body into small pieces and loading the parts into sacks and carrier bags before dumping them in Famona and North End is indicative of his mental disorder," said the judge.
Nyazvigo (31), of Number 82 Cecil Avenue in Hillside, last week pleaded not guilty to the murder of Lydia Sibanda (25).
It was his defence that about two weeks before 13 August, he started hearing strange voices talking to him and urging him to kill his wife as she was double-crossing him with another man.
"As the days progressed, accused would continuously hear multiple voices urging him to kill his wife, chop and mutilate her body into pieces and place the body parts in the refrigerator where it would be easy for the voices to retrieve and eat the flesh," said the defence outline filed by his pro deo lawyers, Mr Kucaca Phulu and Ms Synthia Simangaliso Ncube, both of Phulu and Ncube Legal Practitioners.
He further stated that on the night of 13 August 2011 he bought two bottles of Vodka, which he drank before smoking two twists of mbanje.
His wife's cellphone rang several times and she did answer it and voices started telling him that his wife was being called by another man who was her lover and that he should kill her and drink her blood, he claimed.
He concluded by stating that at the time he committed the offence he was afflicted by a disease of the mind, was not in his sober and sound senses, as he was mentally disturbed to such an extent that he was not legally responsible for his actions.
The State case as presented by Ms Angeline Munyeriwa assisted by Ms Sifiso Ndlovu is that on 13 August last year at night, Nyazvigo had a misunderstanding with his wife.
The misunderstanding degenerated into a fight and Nyazvigo armed himself with an axe with a metal handle and struck her in the forehead, the State said.
He removed the axe from where it was stuck and she died shortly after that. He covered the corpse with a blanket and continued drinking his beer until the next day.
He continued with his drinking spree and even invited his friend Raymond Moyo who learnt about the murder but never went back.
On the third day, Nyazvigo chopped the body into small pieces and put them in sacks and plastic bags. He dropped the body parts, starting with the heaviest, near Ingutsheni Hospital, Famona and North End.
After disposing of the body parts, the State alleged, Nyazvigo went to his sister's residence in North End where he confessed to the murder.
Through his indication, the axe, a kitchen knife and most of the body parts were recovered. Others, like the liver and heart, which he claimed he flushed down the drain, and the intestines, which he said he buried at the corner of the yard where they stayed, were not recovered.
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