Justice Mawadze ruled that the accused was not mentally
stable when he committed the crime.
The deceased children were aged nine months and three years
respectively. Phiri also severely injured two other children during his moment
of rage.
He was aquitted for reason of insanity in terms of Section
29 (2) (a) of the Mental Health Act [Chapter 15:12], said Justice Mawadze.
Phiri faced two counts of murder and two attempted murder
for killing Princess Phiri (3) and Victor Phiri (nine months). Themba and
Ropafadzo survived the attack with severe injuries.
A medical affidavit signed by Dr Patrick Mhaka stated that
Phiri was psychotic, had auditory hallucinations and paranoid delusions when he
committed the act. Mhaka concluded that Phiri could not appreciate the
wrongfulness of his actions.
Justice Mawadze said Phiri will undergo a final assessment
at Chikurubi Prison Psychiatric Unit and the report will be presided over by a
medical tribunal to determine if he is fit to be reintegrated back into society
or undergo further treatment.
Phiri was supported in court by his two wives and children
who all said the incident was shocking and Phiri acted out of character. They all said that he was a gentle family man
and they will create an environment which ensures that he does not relapse.
Phiri’s second wife Loice Chakauya told the court that she
and Phiri were involved in an accident on May 25, 2019 and he had been
complaining of migraine headaches and body pains ever since. Phiri’s first wife is a theatre nurse in
South Africa.
On the fateful day on January 3, 2021 at UB 12 Admin,
Mkwasine in Chiredzi at around 6:30 pm, Phiri had an argument with Chakauya
over an undisclosed issue. The argument degenerated into a scuffle and efforts
by friends to reconcile them were futile.
Chakauya fled away from the house for her safety leaving
Phiri with their four children. Phiri discharged a bullet from his MAB pistol
inside the house and began banging the children’s heads against the floor.
Phiri also attempted to stab himself and after failing he
doused himself in diesel and set himself alight. Neighbours rushed into the
house and rescued Phiri and the four children from the fire. The neighbours
then rushed them to Chiredzi General Hospital.
Postmortems on Princess and Victor’s bodies were done by
doctor David Tarumbwa who concluded that the cause of death was due to head
injuries. Themba and Ropafadzo were transferred to Sally Mugabe Central
Hospital where it was noted that they had scalp lacerations, depressed skull
fractures and facial odema. Masvingo Mirror
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