The Seven incarcerated MDC-T activist facing a charge of murdering police officer Inspector Petros Mutedza three months ago, have not been medically examined by doctors at Remand Prison despite the existence of a court order, the court heard yesterday.
Their lawyers, Jeremiah Bhamu and Obey Shava from Zimbabwe Lawyers for Human Rights (ZHLR), made the revelations before provincial magistrate Shane Kubonera yesterday.
“As far as the medical treatment is concerned the officers in charge in the various prisons where accused are detained must ensure that accused receive medical attention as a matter of urgency.
“Alternatively lawyers of accused can liaise with the Zimbabwe Prison Service to enable private doctors to give medical attention to inmates,” the magistrate ruled.
Prosecutor Svodai Kadivirire, who stood in for Attorney-General’s representative Edmore Nyazamba, told the court Nyazamba was not feeling well and had not obtained medical affidavits from remand prison to enable the court to make an informed decision.
But, the magistrate said Nyazamba’s illness could not bring the justice system to a halt.
“His illness must not ground the justice system. The State is given the last opportunity to tender the affidavits by August 17, failure which the state will have to explain to court why it cannot be held in contempt since it said the medical affidavits are ready,” Kubonera said.
The lawyer, who accused Nyazamba, who was said to be recovering at home after receiving treatment said: “The State is an institution not an individual and therefore, it is not an excuse that Nyazamba is not feeling well.”
In response, the prosecution said institutions were run by individuals and if an individual who was expected to perform could not do so, the institution could be affected.
High Court Judge Samuel Kudya denied the seven, Yvonne Musarurwa, Tungamirai Madzokere, Lazarus Maengahama, Stanford Maengahama, Stanford Mangwiro, Pheneas Nhatarikwa and Rebecca Mafukeni bails citing they were a flight risk and could not be released.
The matter continues on August 19.