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Fortunate Gora Mash West Correspondent
A regional magistrate here has queried failure by some medical practitioners to follow correct procedures when compiling evidence for rape cases.
The procedures include compilation of medical and psychiatric affidavits used as evidence during trials.
Addressing a Victim Friendly Unit stakeholders meeting held in Chinhoyi recently, Chinhoyi regional magistrate, Mr Amos Mbobo, said many rape cases were perpetrated behind closed doors hence the State relies on the compiled medical and psychiatric affidavits from the Government hospitals and clinics as evidence.
“We are worried at the courts that medical practitioners were not conducting their duties procedurally as the affidavits were mostly commissioned in their (doctors) absence making the affidavits inadmissible.
“These irregularity are easily challenged by the defence attorneys in court resulting in most of the innocent victims losing their cases.
Mr Mbobo added: “That absenteeism is a serious irregularity and the defence attorneys use it as a very good way to challenge the State case.”
He said the affidavits have to be clear without any unnecessary cancellations.
“Secondly, it is supposed to be commissioned by the Commissioner of Oaths in the presence of the doctor or nurse who examined the survivor so that he can swear to the contents.”
Mr Mbobo also urged the psychiatrists to specify the mental status of the victim as courts do not work on speculations.
“Psychiatric reports are taken if a rape survivor is suspected to be mentally challenged and the court would want to determine whether she or he can consent to sexual intercourse.
“In many cases, a mentally-challenged person is deemed to be incapable of consenting to sexual intercourse though it depends with the severity of the mental challenge.
“We have noticed that the medical reports are coming without a proper finding, but the psychiatrist has to specify on whether the victim can consent to sex or not,” he said.
He said in other cases medical practitioners just indicate that the patient is mentally challenged and cannot give informed consent.
“If they say she cannot give informed consent that is an uncertainty now. She cannot give informed consent to what?”
Meanwhile, Chinhoyi Provincial Hospital medical superintendent, Dr Collette Mawire, said he was the one mandated to commission medical affidavits at the institution.
“At Chinhoyi Provincial Hospital I am the Commissioner of Oaths, junior doctors examine and I commission, but to be frank with you there will be a lot of things to do so we can’t waste some minutes making the doctor swear to those contents,” he said.
Dr Mawire, however, expressed shock at Mr Mbobo’s observations saying the legal authorities have never consulted him on the matters.
He said he was not aware that the courts were seriously concerned with the issues.
Online Reporter