BY CHARLES LAITON
A CHITUNGWIZA man, Julius Choto, whose son Kelvin Tinashe was shot and killed by the police at Makoni Shopping Centre during demonstrations over fuel increase in January has finally obtained an order by consent to have access to his late child’s post-mortem report.
The order came after Choto persistently petitioned the courts seeking its intervention to compel Home Affairs minister Cain Matema and Commissioner-General of Police, Godwin Matanga to release the report.
In his application, Choto also cited the officer-in-charge, Makoni Police Station, Parirenyatwa Group of Hospitals chief executive officer and the Minister of Health and Child Care, Obadiah Moyo as co-respondents.
Prior to reaching a compromise, Choto had filed a founding affidavit accusing the police of playing hide and seek with his son’s autopsy report.
“On January 21, 2019, I went to Makoni Police Station and requested a copy of the post-mortem report, but the member-in-charge informed me that the report was not for my consumption and that only the Commissioner-General of Police could release the report,” he said.
“On February 22, 2019, my legal practitioners wrote to the second respondent (Matema), the Commissioner-General of police (Matanga) and all other respondents in this application, requesting a copy of the post-mortem report and any other documentation pertaining to the post-mortem examination. However, to date, the post-mortem results have not been released to me.”
However, as the matter was to be heard on merit, the two parties reached common ground and agreed that the matter should be withdrawn on condition that the post-mortem report would be released to the bereaved family.
“It is ordered that the respondents, having produced the post-mortem for Kelvin Tinashe Choto, the applicant shall withdraw his application for a mandamus order,” magistrate Trevor Nyatsanza ruled.