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Deputy chief magistrate, Bianca Makwande, has dismissed an application made by the State for MDC-A Harare West legislator Joana Mamombe to undergo another mental examination.
The State led by Michael Reza had made an application to have her examined by another government doctor under the supervision of the Superintendent Harare Remand Prison.
This followed Mamombe’s examination at Annex, located at Parirenyatwa Group of Hospitals, as per arrangements made by authorities at the remand prison.
Reza had argued that the court had not given such an order, it had actually ordered that she be examined under supervision of Harare Remand Prison.
“We now have two medical affidavits but not obtained under the conditions stipulated by the judge or this court. We apply that the accused be examined under the supervision of Harare Remand Prison,” he had argued.
Her lawyer Aleck Muchadehama had argued that the application was not withstanding that Mamombe had already been examined by three other doctors.
“We opposed the application on the basis that she had already been examined and the magistrate ordered that she be treated in accordance with the examination.”
Makwande threw out the State’s application as granting it would be tantamount to reviewing her own judgment. Nhau/Indaba
