Son murders father with knife, machete

Lebogang Mosikare | Wednesday November 30, 2022 21:28

According to the charge sheet, Innocent Mothonyana allegedly murdered Anthony Obed around 9pm on May 29, 2019, at Coloured. Mothonyana had on Tuesday admitted to murdering his father but proceedings took a different twist on Wednesday after Justice Taboka Mopipi asked him if he agreed to the facts after they were read to him. According to the summary of facts that were read to Mothonyana before he (Mothonyana) changed his plea from guilty to not guilty, the heinous incident happened after the accused told his mother who was sleeping with his father in their bedroom that he (Mothonyana) wanted to return his mother’s cellphone he had taken by mistake. Furthermore, according to the facts, Mothonyana’s mother went on to tell him to instead give the cell phone to his sister who was sleeping in another bedroom.

The accused persisted with his demand and knocked on the door of his parents’ bedroom saying that he wanted to give his mother her cell phone. The accused then proceeded to forcefully open the door of his parents’ bedroom. All hell broke loose afterwards. Mothonyana entered his parents’ bedroom and placed the phone he was holding on his parents’ bed. According to the facts, Mothonyana who was armed with a knife and machete then proceeded to stab his father with an Okapi knife multiple times and subsequently hacked at him with a machete several times. Mothonyana’s mother then ran out of the house but before she fled for her life, she heard Obed screaming in great agony asking Mothonyana why he was killing him.

A Good Samaritan who was passing along the street heard his mother screaming for help and entered the yard. Mothonyana mother, Hilda Obed and the Good Samaritan enlisted the help of police who found Mothonyana locked inside his parents’ house upon arrival. When the police arrived, they were confronted by a very strong smell of gas which Mothonyana had intentionally opened. The police then managed to rescue other people who were sleeping in the house, including the small children. The police subsequently rushed Obed to Nyangabwe Referral Hospital where he was certified dead upon arrival.

According to the facts, the post-mortem report showed that the cause of Obed’s death was multiple stab wounds. Before the facts were read to Mothonyana, his attorney Martin Maiba had made an application that his client should be subjected to a psychiatric assessment. Maiba said his application was motivated by the fact that although he is not an expert in psychiatry, he was having problems with preparing the accused’s defence. Maiba premised his application on Section 158 of the Criminal Procedure and Evidence Act (inquiry by court as to lunacy of the accused). Maiba then told the court that he was of the view that his client was a lunatic.

Justice Mopipi then asked Mothonyana what his problem was and in response, he told the court that he told his attorney that he was having social problems. The judge then held the view that Mothonyana was of sound mind hence no need for him to be evaluated by a psychiatric specialist. Prosecutor Bianca Ockhuizen from the Directorate of Public Prosecutions (DPP) also held the view that since Mothonyana managed to answer questions that were asked by the judge, he was of sound mind to continue with his trial. Mopipi then proceeded to ask Mothonyana if he admits to having stabbed the deceased with a knife multiple times and also chopped him with a machete several times and if he (deceased) died because of his (Mothonyana’s) actions. Mothonyana answered in the affirmative. The judge then asked Mothonyana if his actions were justified or lawful. In reply, Mothonyana said that he did not intend to murder the deceased. “I did not intend the murder the deceased. I was just overwhelmed by emotions,” said Mothonyana. Sensing that Mothonyana’s plea was equivocal, Mopipi adjourned the proceedings for a few minutes to enable Maiba to further consult with his client. After the adjournment, Mopipi asked Mothonyna if he had any legal justification for having murdered Obed.

This question did not achieve its intended objective and left Mopipi with no choice but to enter a plea of not guilty. Upon leaving the High Court, trial in the matter was about to start in earnest following another adjournment.