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Court grants postmortem order

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A High Court judge yesterday granted an order for a second postmortem on the body of a suspected robber who was allegedly shot dead in police custody last month. The court also ordered that the postmortem should be carried out by an independent pathologist. Justice Susan Mavangira granted the order following an application by the […]

A High Court judge yesterday granted an order for a second postmortem on the body of a suspected robber who was allegedly shot dead in police custody last month.

The court also ordered that the postmortem should be carried out by an independent pathologist. Justice Susan Mavangira granted the order following an application by the deceased’s mother Dorothy Chiwaridzo, whom the police were reportedly coercing to bury Tendai Dzigarwi “lest they conduct a pauper’s burial”.

“The 1st Respondent (Member-in-Charge Harare Central Hospital Police Post) and 4th Respondent (Harare Central Hospital chief executive officer) are hereby ordered not to interfere, tamper and/or cause the burial of Tendai Batsirai Dzigarwi’s body pending a second postmortem being carried out on the body,” reads the order.

“The 1st Respondent and 2nd Respondent (Commissioner of Police) are hereby ordered not to interfere, hinder or in any way obstruct the Applicant’s pathologist’s postmortem on the body of Tendai Batsirai Dzigarwi.

“The 4th Respondent is hereby ordered to grant permission to the Applicant to have an independent pathologist carry out a postmortem on the body of Tendai Batsirai Dzigarwi upon payment of the requisite fee.”

Dzigarwi, a suspected car robber, and his alleged accomplice Emson Ngundu are alleged to have been shot dead in police custody prompting Chiwaridzo to refuse burying her son until she was presented with a copy of the postmortem report detailing the circumstances surrounding his death or have a second postmortem done.

According to High Court papers, police had told Chiwaridzo they would give Dzigarwi a pauper’s burial if she failed to collect and bury the body within 21 days.

Dzigarwi (who was 20) and Ngundu (age not given) were arrested on March 18 for alleged car theft and were detained at Southerton Police Station. Chiwaridzo said she was alerted by Ngundu’s father, only identified as Mr Ngundu, that both suspects had been shot dead by the police on March 19, a day after their arrest, while they were apparently trying to escape from lawful custody.

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