Jealous Tomasi
was committed to the psychiatric ward after a special verdict was returned on a
murder he committed in 2008.
He was released
after a 12-year stint.
High Court
Judge Justice Catherine Bhachi-Mzawazi has since re-committed Tomasi to the
psychiatric unit for double murder.
According to
evidence adduced in court, Tomasi relapsed because of inconsistence or neglect
to take prescribed medication.
The court heard
that Tomasi had to a certain extent resumed normal life and became an artisanal
miner to earn a living.
It is alleged
that on September 29, 2022, after retiring to bed in the company of his
girlfriend, an altercation arose outside his makeshift cabin at the mining
site.
He allegedly
joined the fight and fatally axed one of the people involved and a neighbour.
Tomasi has been
held at the Chikurubi Psychiatric Unit since July 12, 2023, in terms of
sections 27 and 28 of the Mental Health Act.
An affidavit
compiled by a psychiatric doctor in February this year chronicled his mental
history and his current mental disposition.
A certificate
prepared by the doctor certified him fit to stand trial.
In court,
Justice Bhachi-Mzawazi noted that the actions of the accused person betrayed an
“abnormal” person.
“His conduct of
interfering and partaking in a fight which had nothing to do with him without
even ascertaining the facts is tantamount to an abnormal behaviour,” the judge
ruled.
“Additionally,
the degree of aggression he exhibited in axing both victims clearly illustrates
total loss of mental control. It showed that the accused at the time was
incapable of appreciating the nature of his conduct or its lawfulness.”
The judge said
the accused must be committed to a psychiatric unit.
“. . . though
the accused does have some lucid moments or intervals, the commission of this
offence shows that there is no guarantee that he will not once again turn into
a serial killer,” the judge ruled.
“It will be
akin to releasing a loose cannon or a time bomb waiting to explode with dire
consequences. He is a danger not only to himself, but to his community and the
society at large.”
“As a court and
on the evidence before us one cannot guarantee that the accused will not
relapse and that these tragic events will not recur.”
The judge said
the accused needed further management and treatment until such time his mental
state had been reviewed by the Mental Health Review Tribunal. Newsday
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