Doctor quizzed as Magistrate expunges part of medical contents

Date:

MARTIN MAWAYA

GWERU Provincial Magistrate, Beaulity Dube has granted Patrick Cheza’s application for the court to expunge some contents of injuries contained in the medical report for the Tourism and Hospitality Minister, Barbara Rwodzi after the state conceded that the observations were from a third source.

However, Magistrate Dube ruled that the medical report could not be completely struck off the record, as the state had applied to bring the Trauma Centre doctor to the witness’ stand.

The ruling was made during the cross-examination of Dr Samuel Mapfumo, a Neurosurgeon specialist from Parerenyatwa Group of Hospital.

Dr Mapfumo took the witness stand to testify in the case of Cheza and three other opposition activists who were accused of assaulting Barbra Rwodzi, the Chirumhanzu legislature.

He was grilled by the defense counsel led by Esau Mandipa and Leopold Mudisi for presenting a medical report for Minister Rwodzi, whom he did not examine.

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.

Thus, a medical practitioner cannot compile a medical affidavit based on medical examination carried by a different doctor.

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 said  Minister Rwodzi was medically examined by a private practitioner, and therefore, the report from that medical practitioner is not admissible at law.

Based on the IRT Scan from the Trauma Centre, Dr  Mapfumo certified  that the injuries sustained by Minister Rwodzi were not of a permanent disability.

However, during the questioning in court, Dr Mapfumo changed his statement, claiming that the injuries were of a permanent disability nature.

 Adding that he had made a mistake when certifying that the injuries sustained were “not of permanent disability”.

But defense counsel Mandipa told Mapfumo that he could not change his statements made under oath.

“A statement made under oath cannot be proven by extrinsic evidence; one must confine himself to the fair concerns of that statement,” said Mandipa.

Dr Mapfumo denied Minister Rwodzi’s claim that she received the medical certificate on the first day of her hospital visit and only returned on September 15, 2023, to thank him.

“I had two encounters with the Minister. The first was when she came to the hospital for examination, and the second was when she came to collect the medical affidavit,” testified Mapfumo.

He added that the Minister was advised to undergo an X-ray at Parerenyatwa Hospital, but she chose to have a scan at a private hospital.

Counsel Mudisi argued that Dr Mapfumo’s evidence was of no use and could not assist the court in delivering justice since he did not write his own observations.

It is the state case that on August 24 last year, Cheza allegedly incited Citizens Coalition for Change members to assault Rwodzi, after his car was allegedly involved in an accident with the Minister’s vehicle along the Charandura-Chaka gravel road.

The matter was adjourned to May 9 for trial continuation.

Taurai Mavuto and Monica Mungwena prosecuted.

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