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George Maponga, Masvingo Bureau
A Masvingo regional court has acquitted Dr Noel Zulu who was facing a culpable homicide charge after he was accused of leaving a swab inside the tummy of a woman during a surgical operation.
The woman, Gladys Sibanda of Matowa village in Zimuto communal lands died on July 15 last year.
The State was alleging that Dr Zulu (45) who is also the Masvingo Provincial Hospital Medical Superintendent was negligent when he left the abdominal swab measuring 30cm by 30cm inside her stomach.
Dr Zulu conducted a surgical operation on Sibanda in 2015 after a scan showed a swollen liver, but her condition did not improve.
She failed to raise enough money for another surgical operation recommended by the Masvingo-based surgeon.
She then died last year and an abdominal swab was recovered inside her stomach during post-mortem prompting the State to lay a culpable homicide charge on Dr Zulu.
However, magistrate Mr Bishard Chineka yesterday ruled that there was no prima facie case of negligence by Dr Zulu as evidence submitted by Dr Godfrey Zimbwa, who carried out the post-mortem, proved that Sibanda had died of liver cirrhosis.
Mr Chineka, agreed with the defence led by Mr Tymon Malaba of Malaba and Marwa that Dr Zulu could not be put on his defence as there was a break in the chain of what caused Sibanda’s death.
He ruled that police had not thoroughly investigated the case, saying if they had done so the case might have been different.
The magistrate ruled that the responsibility of counting swabs lay with the swab sister, not the surgeon during the conduct of a surgical procedure.
Mr Chineka also ruled that the State had not conducted toxicology tests to establish the identity of the fluid that was found inside Sibanda’s abdomen during post-mortem.
He acquitted Dr Zulu without putting him to his defence ruling that the state had failed to prove a prima facie case against the surgeon.
Online Reporter