MARRY MUBAIWA FIT TO STAND TRIAL: DOCTORS
HARARE magistrate Lazini Ncube has ordered the trial of Marry Mubaiwa to start on December 6, following reports by two doctors, who examined her when she was in Harare Remand Prison.
The experts stated that she was mentally fit to stand trial.
Mubaiwa was committed to the officer in charge Harare Remand Prison for her to be examined according to the Mental Health Act following a medical report produced by the Parirenyatwa Head of Psychiatry Fungisai Mazhandu who told the court that Mubaiwa was suffering from a major depressive disorder and comorbid anxiety disorder.
The State, represented by Tafara Chirambira, told the court that the findings by the doctors were unanimous and they were ready to proceed to trial since all the requirements of the Mental Health Act had been complied with.
Beatrice Mtetwa, on behalf of Mubaiwa, told the court that she was not satisfied by the doctors’ reports because her client was unwell and that the doctors had not listed their qualifications on the reports. She sought a postponement of two months to enable her client to get well.
“The first medical report is by Dr Moses Kajawu and we are not really told the qualifications of these doctors the report says they are examining her state of mind and you’ll be aware of the requirements of the examination of one’s state of mind
“The report is silent on the qualifications of the first doctor and his suitability to examine one’s state of mind, the factual findings or the opinion of the doctor is that she’s well oriented on time place and person but it doesn’t tell the state of mind
“It also states that she has normal judgment but what does that mean, it says good insight but doesn’t state insight to what, whether the case she’s facing or what was happening to her and the second report is by Itai Macheka who has a basic degree. He regurgitated what the first doctor said saying there are no signs of mental disorder because she knows time place and person.
“We suggest that the State calls the doctors to testify so that we are sure that indeed they examined her mental state and what it is in section 28 they relied on and also so that they can comment on Dr Mazhandu’s report as she has a Masters in psychiatry and a diploma in mental health.
“Our response is three fold in that the reports are done in the wrong act but if the state is satisfied that these are reports ‘unanimous’ we would like the doctors to be called to testify as to the content of the report and their qualifications and details of report done on her “The only report that speaks to what we have been looking for is that of Mazhandu and it boggles the mind why a proper justice system wants to try a person who’s unwell, right now she’s fast asleep what kind of justice system is that, the court must look at what a fair trial is made of and politics must be out of this matter, she must be given at least two months to recuperate since these courts have been complicit in denying her access to medical attention out of the country and there’s no basis to put her to trial if the she’s unwell,” said Mtetwa.
Chirambira went on to question the procedure in which the doctors will be summoned to court since the act stipulates that they must submit reports to the court and those reports will suffice in assisting the court on making a decision on the way forward.
In his ruling, Magistrate Ncube said he believes in the findings by experts that were presented before him and is satisfied that Mubaiwa is fit to stand trial
“Accused (Mubaiwa) is accused of violating the marriage act and the brief background is that the matter was scheduled for trial last month and she raised issues that because of the pills she’s taking were mind altering and she wasn’t fit to stand trial she was referred to several doctors whose evidence couldn’t assist the court as they were physical assessments until she was tried by a psychiatrist Dr Mazhandu who told the court that she had a major depressive disorder. Her findings caused an application by the State to have her examined by two more doctors and the findings of the two doctors is that she is mentally fit for trial and the state has applied for trial commencement.
“Of the three one doctor indicated that she was mentally unfit and the other two say she’s fit and I believe that it is the findings of experts and will rely on those findings and the matter is remanded to 6 December for trial commencement,” said Magistrate Ncube.