Harare regional Magistrate Mrs Bianca Makwande is today expected to make a ruling on the State’s application to have MDC Alliance legislator Joana Mamombe mentally examined by two government doctors.
The state, represented by prosecutor Mr Michael Reza, had requested that Maombe be examined by government doctors as her lawyers had argued that she was not fit for trial.
Mamombe is jointly charged with Cecilia Chimbiri and Netsai Marova for allegedly staging their abduction in May this year.
The Harare West lesgilator’s lawyer Alec Muchadehama demanded an explanation as to why the prosecutor went on with application after agreeing that the matter be postponed to allow him to attend to another matter in Gweru. He said:
We seek an explanation as to why he changed from the undertaking he had made.
Also, I want to know whether or not the State is a super litigant who determines when the matter will be heard. He has a duty to act fairly. We want to know whether he has something against me or accused.
In response, Reza said he had spoken to Mr Jeremiah Bamu (part of the trio’s legal team) and asked him to tell Muchadehama that he would oppose their application.
Meanwhile, Bamu argued that there was no justification in having Mamombe examined by government doctors as she has already been examined by a medical practitioner.
The state says Dr Fungi Mazhandu who told the court that Mamombe had indeed been examined, did not provide proof and indication as to when the accused would be fit for trial.
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