Ruling on Mamombe mental exam today

By ZBC Reporter

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 public prosecutor handling the matter in which MDC Alliance legislator Joana Mamombe and party members, Netsai Marova and Cecilia Chimbiri are facing charges of faking their abduction in May this year, has said he has no personal vendetta against them or any of their defence team.

Mr Michael Reza made the remarks in court yesterday when Mamombe separately appeared to respond to the State’s application to have her mentally examined by two Government doctors.

The State made an application under the Mental Health Act after Mamombe told the court she was suffering from anxiety disorder and could not comprehend trial proceedings.

Mamombe’s lawyer Mr Alec Muchadehama yesterday demanded an explanation on why the State went ahead with the application on Tuesday despite an agreed position that the matter be postponed to another day to allow him to attend to another matter in Gweru.

“We seek an explanation as to why he changed from the undertaking he had made,” said Mr Muchadehama.

“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.”

Mr Muchadehama said Mr Reza called him at night informing him that he was continuing with the matter.

In his response, Mr Reza said: “This is not a court of drama, but of law. I spoke to Mr (Jeremiah) Bamu and not Muchadehama. I told him to tell Mr Muchadehama that I would oppose their application.

“He is not denying it. I have absolutely nothing against Mr Muchadehama and the accused. I just do my work and I am a prosecutor.”

Harare regional magistrate Mrs Bianca Makwande advised both Mr Muchadehama and Mr Reza to act in the best interest of justice.

Mr Bamu, who is part of the trio’s legal team, told the court the State had failed to satisfy the requirements of the Mental Health Act in its application. He said there was no justification of having Mamombe examined by other doctors since she had already undergone treatment.

“No justification exists for that order to be made because when the accused person realised that she was not feeling well, she consulted a medical practitioner and the court heard Dr Fungi Mazhandu, who said she was examined by a general doctor who referred her to a specialist,” said Mr Bamu.

“What the State seeks to achieve has already been done.”