Former Health minister David Parirenyatwa yesterday
unsuccessfully filed an application to have his matter referred to the High Court
for a review.
Parirenyatwa was also seeking an order to restart the trial
after he discovered that the magistrate’s notes which were transcribed from his
handwritten notes during proceedings differed with his lawyer’s recorded notes.
Parirenyatwa, who appeared before magistrate Elijah Makomo
had filed an application to have access to the audio recordings of the court
proceedings saying they wanted to verify whether what was transcribed was
correct.
After being given the chance by the State to listen to the
audio, Parirenyatwa’s lawyer James Makiya discovered that the recording and
what the court transcribed were different.
This raised suspicion that the facts were manipulated for
unknown reasons and the defence asked the court to allow the chief court
proceedings transcriber Constantine Musango to come and testify.
Musango who has more than 30 years experience told the
court that the audio recording of Parirenyatwa’s trial proceedings were not
clear because of a noisy background which had made it difficult to transcribe.
Advocate Deepak Mehter, who was being instructed by Makiya
then asked Musango the origins of the transcribed copy. Musango told the court
that after he failed to use the audio recording from a CD, he then used
Makomo’s handwritten notes to transcribe the proceedings.
However, the defence then applied for the matter to be
referred to the High Court for review and to seek a trial restart saying Makomo
falsely recorded the proceedings, especially the testimony of former Natpharm
board chairperson George Washaya.
Mehter said In terms of the Magistrate’s Act, the presiding
magistrates are supposed to record everything said in court. The notes are then
used together with the audio recording to make-up a transcribed copy.
Mehter further said the court is a court of record and
everything said must be recorded, but Makomo in his ruling dismissing the
application said as a magistrate he writes everything which can be of relevance
to the merit of the case not everything said in court.
Makomo then ordered the State to proceed to lead the
witness Washaya.
According to the State, on June 4, this year, Parirenyatwa
acted contrary and inconsistent with his duties as a public officer by
directing Washaya to end Flora Sifeku’s contract with Natpharm as managing
director, thereby showing disfavour to her. Newsday
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