High Court orders smiling “killer” to undergo mental examination

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High Court orders smiling “killer” to undergo mental examination

THE Ninteen-year old boy of Lusaka’s Salama Park accused of butchering his parents to death last August appeared in the Lusaka High Court looking dazed and smiling non-stop.

Upon the application of his lawyer who is offering free legal services, the Lusaka High Court ordered
Mushimbwe Mwakacheya be seen by a psychiatrist to assess his mental faculty to ascertain whether he is fit to undergo trial.

It is alleged that Mushimbwe murdered Alphonsiah Pemba Mwakacheya and Nathaniel Mwakacheya on August 6, 2022 after they informed him of their plans to take him to a reformatory centre.

Before trial could Commence Borniface Chiwala who is offering probono legal services to the teenager requested judge Conceptor Zulu to allow his client have his mental competence examined at a psychiatric hospital.

“Yesterday I had an occasion to visit my client in prison, following an interaction with him, am of the view that he be subjected to a mental hospital to determine his fitness and ability to stand trial. The application is pursuant to Section 160 of the criminal procedure code Chapter 88 of the laws of Zambia that the young man be assessed as his mental ability to stand trial,” said Chiwala.

State advocate Susan Besa who is prosecuting the case did not object to the application.

In her ruling judge Zulu granted the application.

“The application is granted the accused be examined at a medical facility by a psychiatrist as regards to his capability to stand trial,” she ordered.

During his court appearance Mushimbwe was disoriented as all he could do was stare and smile non-stop.

As he was being led to the holding cell by two female police officers the 19-year-old staggered as was seemingly suffering a foot drop.

A foot drop is a medical condition where an individual fails to lift their toes.

By Mwaka Ndawa