Online Reporter
Arron Nyamayaro
A PROMINENT medical doctor, who runs Pacific 24hr Medical Centre in Mabvuku and was facing two counts of fraud, has been acquitted.
Dr Michael Mandaza, who pleaded not guilty, was acquitted by High Court judge, Justice Hungwe. Dr Mandaza was accused of allegedly defrauding his patient Sandra Bed by misrepresenting to her that blood samples from her renal function tests were going to be taken to a registered Medical Laboratory.
The State claimed that Dr Mandaza did not send the tests to the laboratory and he allegedly generated fictitious computer-generated results using his laptop. In the second count, Dr Mandaza was accused of allegedly defrauding his patient Simbisai Chisuwe by misrepresenting that blood samples from her renal function tests were going to be taken to a registered Medical Laboratory.
The State claimed that Dr Mandaza allegedly generated fictitious computer-generated results using his laptop. In his judgment, Justice Hungwe said: “After leading evidence, the Court should not be left guessing on whether the offence was committed by accused or not.
“Accused should be successfully linked to the said offence. To do so the State can lead real, direct evidence or circumstantial evidence to substantiate its allegations.
“The accused is only required to give a probable defence to the allegations, which does not necessarily have to be true.
“In this case the State was tasked to establish a link between this accused and the fake results, whether the accused was responsible for the same.”
Justice Hungwe added:
“In this case, it is the Court’s view the State did not manage to do so, at least, to the extent of reasonable doubt.
“In that there was no evidence led as to why the stamp had been attributed to accused. There was no evidence to exclude the possibility that it could have been the act of any other employee at the hospital. Moreso, the said documents were not tendered before the court for the court to acquaint itself as to what was being referred to as the fake results. This is one typical case where the accused defence seem probable and the State was unable to disprove it as not probable.
“In the circumstances then it is the court’s view the State failed to discharge its onus and accused is hereby found not guilty and acquitted in both counts.”
Mathew Masinge