Court orders medical exam for MDC activists

Inspector Petros Mutedza in Glen View, are medically examined while the State has been given another chance to produce their medical affidavits.
Failure to do so would be regarded as contempt of court.

The 24 activists yesterday appeared before Harare magistrate, Mr Shane Kubonera, who said the absence of an officer from the AG’s office should not hamper the progress of the case and gave the State until August 17 to produce the affidavits.

He said ZPS should ensure that the suspects were medically examined. Of the 24, seven who include Yvonne Musarurwa, Councillor Tungamirarai Madzokere, Lazurus Maengahama, Stanford Maengahama, Stanford Mangwiro, Phinias Natarikwa and Rebecca Mafikeni are still in remand prison. The State had been given until August 4 to furnish the court with the medical affidavits in order for the magistrate to make a determination yesterday.

However, prosecutor Ms Kadivirire apologised on behalf of Mr Edmore Nyazamba from the AG’s Office for failing to furnish the court with medical affidavits.
“It was because of unforeseen events, he (Mr Nyazamba) was hospitalised on the 1st of August and underwent a minor surgery. He is not feeling well so he is not going to work. He indicated that he has to submit the affidavits to the court and he can do so when he comes back to work,” she said.

Ms Kadivirire said Mr Nyazamba was on bed rest and would be back at work on August 15.
The suspects had told the court that they were severely assaulted while in police custody hence they needed to be medically examined. Their lawyer, Mr Jeremiah Bhamu, said although he appreciated that Mr Nyazamba was sick that did not eliminate the need for an order to be made.

“The State is an institution not an individual, any officer of the AG’s Office can do it because it does not require the person of Mr Nyazamba. As we speak, Mr Nyazamba is recovering from medical treatment, which is being denied to these accused persons. Those still in custody have not received medical attention. I therefore pray that the accused be offered an opportunity to be treated by medical practitioners of their choice,” he submitted.

Responding to his submissions Ms Kadivirire said while it was not in dispute that the State was an institution, it was, however, run by individuals. The 24 are accused of fatally assaulting Insp Mutedza in Glen View while he was trying to disperse an unsanctioned gathering with other policemen.