LUSAKA High Court judge Pixie Yangailo has ordered that the 42-year-old teacher of Nyumba Yanga Secondary School accused of shooting dead his wife after a marital dispute, be taken to Chainama Hills Hospital for a mental evaluation.
Justice Yangaila said the hospital needs to ascertain the accused’s mental faculties at the time of the alleged commission of the offence.
In this matter, Kenneth Makina is charged with two counts of murder and acts intending to cause grievious bodily harm.
In count one, it is alleged that on February 13 last year, Makina, with intent to maim, destroy, or disable, caused grievious bodily harm on Eustone Kapotwe.
In count two, it is further alleged that on the same date, Makina killed Charity Jikubi, a police officer.
When the matter came up for continued trial, Monday, Legal Aid Board lawyer Mbile Vukovic applied that her client undergoes psychiatric examination to ascertain his capabilities to make a proper defence.
She also applied that the matter be adjourned to enable the accused person undergo psychiatric evaluation at Chainama Hills Hospital.
“Having received fresh instructions from my client, we wish to make an application under section 160 of the CPC to ascertain the accused’s capabilities to make a proper defence,” Vukovic said.
In response, the State had no objection.
And in her ruling, Judge Yangailo granted the application and ordered that Makina be allowed to undergo psychiatric examination.
“The accused will be committed to Chainama Hills Hospital to have his mental status ascertained,” she said.
Previously, a 65-year-old lecturer at Zambia Open University narrated to the court how the accused shot him in the thigh before shooting his ex-wife.
Eustone Kapotwe, said on the material day, he was at his house between 07:30 and 08:00 hours when Jikubi (the deceased) who was with her niece and a carpenter arrived and informed him that she had gone to collect her wardrobe which she had left at the cottage.
The witness said he informed the deceased that the wardrobe had to be dismantled so that the timber could be put in her car.
He said the deceased then asked him to go and knock at the cottage to inform Makina about the wardrobe she wanted to collect.
Dr Kapotwe told the court that Makina said only the carpenter could enter the house to get the wardrobe.
He added that when the carpenter was taking long to photograph the wardrobe, Jikubi called out his name but Makina asked why she was making noise.
Dr Kapotwe said, “she told him that the carpenter was taking long because she needed to travel to Ndola. Mr Makina came out and said ‘don’t you know that I can kill you’.”
He testified that Makina then removed a pistol and fired towards Jikubi and her niece who then ran away.
The witness however, said Makina shot at him in the thigh before he could run.
Dr Kapotwe said the accused continued to chase after Jikubi and shot at her as she was rushing towards the gate.
“As she was about to go out, he shot at her and she ran to the next yard where we heard bullets,” said Dr Kapotwe.