A Harare doctor has been acquitted of abusing a female
client who accused her of fondling her during medical examination.Doc (left)
Harare regional
magistrate Mrs Gloria Takundwa yesterday found Dr Tinovimba Mhlanga not guilty
of sexually abusing a woman who had visited his clinic to donate a
fertilisation egg in March this year.
Dr Mhlanga, of Invitro Fertilisation Zimbabwe, was
acquitted after being hauled to court on aggravated indecent assault charges.
Through his lawyer Mr Oliver Marwa, Dr Mhlanga denied the
charges, saying Tinotenda Zowa had fabricated the accusations to soil his good
practising reputation.
In acquitting Dr Mhlanga, Mrs Takundwa said the State had
failed to establish evidence pointing out that Zowa was sexually abused during
the time she intended to donate the egg.
Mrs Takundwa also said that there were inconsistencies in
testimonies regarding how the alleged offence was committed.
The State led by Mrs Cecilia Mashingaidze had alleged that
on March 14 this year, Zowa went to Dr Mhlanga’s surgery at around 1pm for
medical examination since she wanted to donate her egg to a certain couple.
Dr Mhlanga allegedly first conducted HIV tests first and
instructed her to go to the examination room.
It was alleged that while in the examination room, Zowa removed
her clothes and wore a hospital gown.
She then went to lie on the bed awaiting the examination.
Allegations were that Dr Mhlanga instructed Zowa to open
her legs in a butterfly position for him to conduct the examination before he
inserted his fingers into her privates several times before fondling her
breasts.
On March 15 Zowa reportedly went to Sally Mugabe Central
Hospital (formerly Harare Hospital) where she was examined and received
counselling after narrating her ordeal to the counsellors.
Through lawyer Mr Marwa, Dr Mhlanga refuted the allegations
saying he professionally conducted his duties as a specialist obstetrician and
gynaecologist.
“He runs IVF Clinic in Harare. The clinic is mainly into
assisting patients with problems in conceiving by facilitating donations of
eggs from willing donors to patients who need help,” he said.
“The complainant is one such egg donor who presented at the
accused’s clinic to donate her eggs to a couple in need.
“The procedure for human egg donation is a delicate one
which under normal circumstances, can only be properly performed by a
specialist doctor in a clinical set-up.
“The procedure naturally involves digital penetrative
contact with the patient’s genitalia. The complainant consented in writing to
the procedure after it was meticulously explained to her in detail such that
the allegation in the charge that she had not consented are as malicious as
they are unfounded.
“The accused acted within the scope of engagement of any
professional specialist obstetrician and gynaecologist of his training and
experience such that any allegations that he overstepped his boundaries are
very unfortunate and unfounded,” he said.
He said Zowa was working with people who wanted to soil his
good reputation, which also prompted her to post the alleged sexual abuse on
social media.
“The complainant has betrayed her nefarious scheme by
posting her alleged ordeal on social media and attempted to earn cheap
sympathy.
“Unfortunately for the complainant, her story on the World
Wide Web is inconsistent with her story to police and to the Medical and Dental
Practitioners Council of Zimbabwe.
“The complainant is dramatising these hopeless allegations
in a bid to add weight to the conspiracy aforesaid,” he said. Herald
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