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Kachamake guilty but insane

23 Sep 2023

Chief Justice Terrence Rannowane has condemned murder convict, Nthusang Meleko Kachamake to S'brana Psychiatric Hospital as a criminal lunatic.

“I hereby order that the accused be kept in custody as a criminal lunatic at S'brana Psychiatric facility with immediate effect,” Justice Rannowane said.

This was after he passed a verdict of guilty but insane against Kachamake (28) on Thursday. He is convicted for having murdered his two-year-old brother with an axe and wounded her younger sister with a log on the face.

 In his defence, Kachamake told the court that he does not recall chopping his brother with an axe or hitting his sister with a log, saying he was fighting snakes and zombies that were troubling him.

Passing judgment, Justice Rannowane said after careful consideration of the law and the facts of the case, Kachamake committed both of the offences, but was insane when he did so, adding that evidence against the accused was overwhelming.

He said there was also sufficient evidence on record, both verbal and documented to prove that at the time of killing the deceased and assaulting his sister, the accused suffered from a mental illness that rendered him incapable of understanding what he was doing.

He said when committing the crimes he was hallucinating. 

He explained that the reason for sending Kachamake to S'brana Psychiatric Hospital was primarily to protect the society from his criminal acts as well as from hurting himself. 

“I order you to go to that facility that medical care is extended to you to treat your condition,” Justice Rannowane said.

 He further said the axe and the piece of wood used to commit the offences be forfeited to the state for destruction.

Justice Rannowane further said in due course, he would write a report to the President in terms of section 160 (2) of the Criminal Procedure and Evidence Act so that he would order that Kachamake be kept at a health facility until the doctor was satisfied that he could be readmitted to the society.

After the judgment, the convict’s attorney, Ms Ntandoyakhe Mhlanga said she would study the judgment before deciding the next action.

Nonetheless, she said the judgment on the surface looked fair though they had hoped for an acquittal. The state was represented by Ms Tebo Monyeki of the Directorate of Public Prosecutions. Ends



Source : BOPA

Author : Bonang Masolotate

Location : GABORONE

Event : Court

Date : 23 Sep 2023