THE State yesterday indicated that it wants MDC-Alliance
member, Joana Mamombe, to be examined by two Government doctors to ascertain
her mental condition after her doctor indicated that she was suffering from a
mental disorder.
Prosecutor Mr Michael Reza notified Mamombe’s defence team
of Messrs Alec Muchadehama and Jeremiah Bamu that he will make an application
to have their client examined by two doctors.
Mr Reza is expected to make the application on September
22, when Mamombe returns to court.
Mamombe is jointly charged with Cecilia Chimbiri and Netsai
Marova on charges of faking their abductions in May this year.
The recalled Harare West legislator was on Tuesday issued
with a warrant of arrest after she failed to attend court for trial, as she was
admitted to Borrowdale Halfway House, receiving treatment for anxiety disorder.
Her lawyers told the court that Mamombe was not in a
position to comprehend proceedings as she was suffering from anxiety disorder.
Harare magistrate, Mrs Bianca Makwande, cancelled the
warrant of arrest yesterday after her doctor, Dr Fungisai Mazhandu, testified
in court that she admitted her to the health centre. Dr Mazhandu told the court
that she has been treating Mamombe for the past five months.
“I last attended to her on Friday, September 11. She was at
Borrowdale Halfway House according to staff that I am working with,” she said.
Dr Mazhande said Mamombe was suffering from racing thoughts
that were making it difficult for her to concentrate, sleeping problems,
palpitations, fatigue and anxiety disorder. She said they prescribed sleeping
tablets as part of her treatment.
Asked during cross-examination by Mr Reza on whether it was
possible for another doctor to examine her, Dr Mazhandu agreed. She said it
would also depend on time, notes and diagnosis that she would have received
from other doctors.
Mr Reza said by virtue of Dr Mazhandu agreeing that another
doctor may come up with a different opinion or finding on Mamombe’s health
condition, he will then apply for her examination under Section 26 of the
Mental Health Act.
“Dr Mazhandu said another doctor may reach another finding
since the symptoms do not necessary point to mental, but also physical
condition.
“This court is allowed at law that accused be examined by
two medical practitioners to determine whether she is suffering from mental
illness so that she can be treated or is not suffering at all.
“That can only happen when two Government doctors examine
her and present their findings to court,” he said.
Early yesterday morning, Mr Reza told the court that he
received video evidence from the investigating officer, which suggests that
Mamombe might not be suffering from anxiety disorder, as she was captured on
CCTV footage shopping in Harare city centre on the day she was alleged to have
been hospitalised.
“Last night, I was advised by the investigating officer
that they have evidence which seems to suggest she might not be suffering from
the illness revealed in court.
“The evidence is on a CCTV footage and the investigating
officer has downloaded the evidence on a flash disk. On the video, it shows
that she was perfectly functioning and performing her normal duties and it was
taken on September 4 when she was supposed to be in hospital.
“She was shopping,” said Mr Reza.
He wanted to have the video played in court, but the
magistrate turned down his request, saying it was of no relevance in
determining whether Mamombe was at hospital or not at the time she was supposed
to appear in court.
Mrs Makwande said Mr Reza could play the video on the day
he makes the application. Herald
0 comments:
Post a Comment