Medical doctor quizzed in Chirumanzu candidate Cheza case
Staff reporter
A medical doctor who testified in the case in which August 2023
harmonised elections Chirumanzu South candidate Patrick Cheza and
three other opposition activists are accused of assaulting Tourism and
Hospitality minister Barbara Rwodzi has been quizzed after it merged
he did not personally examine her (Rwodzi).
During cross examination by defense counsel led by Esau Mandipa and
Leopold Mudisi, Dr Samuel Mapfumo, a neurosurgeon from Parirenyatwa
Hospital conceded that he did not personally examine Rwodzi.
The State also conceded that the observations were from a third source
but Gweru magistrate Beaulity Dube however ruled that the medical
report could not be completely 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
(9:07), a medical practitioner can only present a medical affidavit if
he or she is the one who carried out the medical examination.
During the cross-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 is not admissible at law.
Mudisi also submitted that Mapfumo’s evidence could not assist the
court in delivering justice since he did not write his own
observations.
It is reported that on August 24 last year, Cheza allegedly incited
CCC members to assault Rwodzi, after his car was allegedly involved in
an accident with the minister’s vehicle along the Charandura-Chaka
dust road.
The matter was postponed to May 9 for continuation of trial.
Taurai Mavuto and Monica Mungwena prosecuted
