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After the Cuban doctor gave evidence, Mr Kewada told the court that Mr Perumel could only give evidence if the court ordered exhumation so that he could examine the body.
However, in his ruling Mr Chikwanha said:“He (Mr Kewada) is of the opinion that Dr Aguero Gonzalez did not carry out a proper postmortem.”
He said the inquest laws did not allow the lawyer to make such opinions and the duty of a lawyer was to help adduce evidence from witnesses.
Mr Chikwanha said Mr Kewada’s statement that Dr Aguero Gonzalez did not carry out a proper post-mortem breached the inquest laws.
“The duty to analyse facts is left exclusively to the magistrate. The opinion he made on Dr Aguero Gonzalez is not shared by the court. This is so because the court is still to rule on Dr Aguero Gonzalez’s evidence and that of other witnesses,” he said.
He said the court would come to a conclusion after analysing the evidence.
The findings, he said, will include Dr Aguero Gonzalez’s evidence whether or not he carried out his duties properly.
He said to order an exhumation before evidence was analysed was tantamount to tying the cart before the horse.
“It is not the responsibility of this court to make such orders,” he said.
Mr Chikwanha said the Inquest Act did not cover exhumation and to make such an order would be against the law.
He said after the inquiry the court would make a ruling, which he would pass on to the Attorney General’s Office.
“In light of these reasons I am not able to accede to the application,” he said, adding the inquest had ended.
Mr Kewada told journalists that he accepted the criticism by the court.
“I think when we started this inquest three weeks ago the general public had doubts, I think we have exposed a lot of things,” he said.
Earlier Vice President Joice Mujuru’s evidence was admitted in court without her testifying.
In her evidence in chief she said on the day in question she was woken up by her maid who told her that a driver, Mr Enock Talapenzi, had received a call to the effect that there was fire at their farmhouse.
She said she tried calling her husband but the mobile phone was answered by their maid, Rosemary Short.
She said they drove to Ruzambo Farm and the fire brigade arrived at around 5am without water.
She says the fire brigade was totally ineffective and workers helped douse the fire using buckets.
VP Mujuru said she saw Gen Mujuru’s charred body in the mini lounge and she accompanied the body to One Commando Barracks where a postmortem was conducted while she was in another room.
Her testimony marked the end of the inquest, which saw 39 witnesses giving evidence.
Online Reporter