adminNyamadzawo Gapare, who has been in remand prison for the past one year, got the order after the High Court visited him at the Harare Central Prison Hospital.
Justice Bhunu, upon being satisfied that Gapare was indeed ill and that he required expert medical attention, allowed a private doctor of choice to examine Gapare.
“My ruling is simple. The private doctor will be allowed to access the accused person and we will hear from the advice of the doctor,” he said.
The defence team led by Ms Beatrice Mtetwa mounted the application after several attempts to have Gapare examined by a private doctor hit a snag.
Ms Mtetwa told the court that the defence had written a letter to the officer-in-charge at Harare Remand Prison on July 10 seeking permission to access medical attention and the request was thrown out.
“Regrettably, the prison authorities said such permission could be granted through a court order,” she said.
“But the Act does not say that. It grants prison authorities discretion to refer someone for medical examination.”
Law officer Mr Edmore Nyazamba said the State needed to look at the Prisons’ Act before responding, but the court eventually granted the application.
The remaining 28 suspects in the murder case were brought to court yesterday, but the trial could not continue because of the judge’s visit to the remand prison.
Journalists were yesterday locked out of the Harare Remand Prison only to be allowed into the premises when the judge was making his ruling.
Prison officers said they were under instructions to bar journalists from covering the proceedings.
Ms Mtetwa was accompanied by Mr Alec Muchadehama, Mr Charles Kwaramba, Mr Jeremiah Bhamu and Mr Gift Mutisi.
Mr Nyazamba and Mr Editor Mauto were representing the State.
The 29 suspects have since pleaded not guilty to murder charges giving different defence outlines.
They are being accused of killing Inspector Petros Mutedza in May last year at Glen View 3 shopping centre.
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