FRANCISTOWN - Francistown High Court on Wednesday found Stephen Chichindwa of Mookane in the Central District guilty but insane on a charge of murdering his mother and unlawfully wounding his cousin in 2006.

According to the particulars of the case, the accused murdered his mother, Ms Serie Tjitjindwa and unlawfully wounded his cousin, Ms Peke Makgasa by stabbing her with a knife in Mookane.

When the accused appeared before the court in March, an objection was raised on his behalf by his defense counsel that he could not be called upon to plead on account of his previous mental medical history, said Justice Mphaphi Phumaphi in his judgment.

I ordered that the matter be postponed and that he be subjected to a psychiatric assessment.

Justice Phumaphi said the doctor who examined the accused found that he suffered schizoaffective disorder and he had a relapse at the time of the incidence and had impaired judgement.

He said he was satisfied that the accused was not responsible for his actions when he caused the death of Ms Tjitjindwa and unlawfully wounded Ms Makgasa.

Justice Phumaphi however said the contention of the prosecution was that this was a proper matter of which a verdict of guilty but sane under section 160 of Criminal Procedure and Evident Act has to be made.

On the other hand the defense had submitted at length to the effect that section 160 needs to be amended as it is archaic and serves to ostracise people who unfortunately find themselves in a situation similar to that of the accused, the judge said in his judgment.

Justice Phumaphi said it had been urged on him to suggest to the executive the amendment of the legislation in order to bring it in line with the current legislation elsewhere, which takes into account the interests of the accused persons who find themselves in a similar situation. I must confess, I find the submission by the defence quite persuasive but unfortunately I am in no position to legislate, in particular to amend a statute however compelling I may find the defence submission.

In these circumstances, I have no option but to return a verdict of guilty but insane in terms of section 160 sub section one of the Criminal Procedure and Evidence Act and to make an appropriate recommendation to His Excellency the President of the Republic of Botswana that the accused be detained during his pleasure in a place of safety, said Justice Phumaphi.

He however directed that the comprehensive submission made by the counsel be drawn to the attention of the Attorney General who might be in a position to instigate an amendment to the legislation if she is persuaded by the submission.

Chichindwa was represented by Mr Thobo Dithobolo of Matlala Attorneys in Palapye while prosecutions state counsel, Mr Reneetswe Rabosotho represented the state. BOPA