Judge wants insight on ‘cannibal’
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Cape Town - A Western Cape High Court judge scolded a prosecutor on Tuesday for failing to provide psychological insight into the man who removed his victim's heart and allegedly ate it.
Judge Ashley Binns-Ward addressed prosecutor Jacqueline Sibiya after she called witnesses during the day in aggravation of Zimbabwean Andrew Chimboza's sentence.
The arresting officer, a forensic pathologist, and a Gugulethu resident described how 62-year-old Mbuyiselo Manona was killed in June, and what Chimboza did with his body.
Sibiya said the evidence was relevant because it showed Chimboza, 35, exceeded the boundaries of self-defence and inflicted gruesome injuries.
“How is the court supposed to consider a sentence without expert evidence into his behaviour?” asked Binns-Ward.
“In nearly 40 years, I have never been involved in a murder case where this has happened.”
He added that the State had not charged Chimboza with desecration of a corpse.
“Must I go and reach to the phone book to look for someone appropriate (to testify)?” he asked.
Sibiya said a clinical psychologist in Pretoria had contacted her with advice and indicated it might take a month to compile a report.
She had thought the evidence at hand was sufficient for a conviction and sentencing.
Binns-Ward said expert opinion in the case was essential.
Sentencing proceedings were postponed until Wednesday, when both parties were expected to propose a way forward.
Chimboza, who had a window-tinting business, on Monday pleaded guilty to killing Manona, as part of a plea agreement.
He stated in his plea explanation that he stabbed Manona to death at the home of a former client last year, after a disagreement. He said he was sorry for what he had done.
He alleged Manona attacked him with a knife. He retaliated by kicking him in the groin, stabbing him in the neck with a fork and then repeatedly stabbing him in the neck, chest, and abdomen with a knife.
Arresting officer, Constable Mlungisi Landule, testified that he found a bloodied Chimboza cupping a heart in his hands and eating it.
Gugulethu resident Lelethu Femela had testified about peeking through the window of the home and seeing Chimboza stabbing a man, eating his heart and then repeatedly biting into his neck.
Forensic pathologist, Dr Lekram Alli, said he received small pieces of the heart in a plastic bag, together with the body. He said the pieces were cut into blocks, not torn.
Chimboza's lawyer Yasmine Rajap on Tuesday denied he had eaten pieces of the heart.