THE family of a man allegedly killed by police has sued the
law enforcement agency for refusing to grant consent for a hospital post-mortem
to obtain information on the cause of death.
Rights lawyer Obey Shava has alleged police are delaying
authorising the procedure in a bid to cover up a suspected murder by the
police. Shava, of the Zimbabwe Lawyers for Human Rights, is representing
Christopher Mashereni in an urgent chamber application for a mandamus order
granting authority for an independent forensic pathologist to urgently carry
out a post-mortem on the remains of his son Witness Mashereni.
Mashereni had listed the clinical director at Chitungwiza
Central Hospital and Parirenyatwa Hospital, commissioner-general of police
Godwin Matanga, Home Affairs minister Cain Mathema and Health minister Obadiah
Moyo as respondents.
"The failure or delay by the police to give their
authority or concurrence for an independent pathologist to carry out a post
mortem as sought is unreasonable and possibly intended to buy more time in a
bid to compromise a post mortem," Shava said.
"This view is not far-fetched given that the family of
the deceased is concerned that the police could have been involved in their
son's death. The police have every reason to seek cover up of the death if
indeed they caused it as alleged.
"The family of the deceased needs the earliest
opportunity to bury the deceased and move on with their lives. Whilst the
deceased remains in the mortuary, the family cannot do anything meaningful
except wait and wasted costs are being incurred awaiting burial."
A founding affidavit
by the deceased's father shows how the police - who arrested and allegedly
brutally assaulted his son - professed ignorance about his whereabouts. The
father only got to know from a neighbour who had been released from Harare
Remand Prison about his son's whereabouts.
"My son went missing on February 14, after he left
home going to watch soccer with friends but never came back. I went to make
enquiries with my other son Nicholas at Chitungwiza Police Station on February
18, 19, 20 and on March 10 but police officers professed ignorance,"
Mashereni said.
On March 11, Mashereni heard from a neighbour who had been
released from Harare Remand Prison about his missing son's whereabouts. "He said our son had been arrested and
charged with trespassing by the same Chitungwiza Police Station on February 14
and remanded into custody on February 16."
Mashereni visited his son in remand prison and found him
badly beaten that he could hardly talk or eat, and said he confirmed that he
had been tortured by police. The son was released into the custody of his
wife's sister-in-law Nancy Nifamitambo on the basis of his deteriorating
health, but died on March 20.
The body was taken to Chitungwiza Central Hospital by
police but a post-mortem has not been conducted. Police have allegedly refused
to issue a Notice of Death.
Mashereni was repeatedly told that Cuban doctors who could
perform the procedure were busy, unavailable or tired because they had been
engaged with Cyclone Idai cases. Daily News
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