LAWYERS representing opposition Chirumanzu politician Patrick Cheza have quizzed a medical doctor who provided details of Tourism minister Barbara Rwodzi’s alleged injuries in a public violence case.
It is reported that on August 24 last year, Cheza allegedly incited Citizens Coalition for Change members to assault Rwodzi after his car was involved in an accident with the minister’s vehicle along the Charandura-Chaka dust road.
During cross examination by defence counsels Esau Mandipa and Leopold Mudisi, Samuel Mapfumo, a neurosurgeon from Parirenyatwa Group of Hospitals conceded that he did not examine Rwodzi.
The State also conceded that the observations were made by a third source.
Gweru magistrate Beaulity Dube, however, ruled that the medical report could not be struck off the record since the State had applied to bring a doctor from the Trauma Centre to the witness stand.
According to section 278 of the Criminal Procedure and Evidence Act (Chapter 9:07), a medical practitioner can only present a medical affidavit if he or she is the one who carried out the medical examination.
Mandipa argued that section 2 of the Criminal Procedure and Evidence Act defines a medical officer as someone employed by the government or a local authority.
He argued that Rwodzi was medically examined by a private doctor hence the report from that medical practitioner was inadmissible at law.
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Mudisi also submitted that Mapfumo’s evidence could not assist the court in delivering justice since he did not write his observations.
The matter was postponed to May 9 for continuation of trial.
Taurai Mavuto and Monica Mungwena prosecuted.
