Senior Court Reporter
THE High Court yesterday ordered the transfer of Nyamadzawo Gapare, one of the 29 suspects accused of killing a police inspector, from the prison hospital to Avenues Clinic in Harare for private treatment.
That stalled the murder trial until Gapare recovers because the court cannot sit in the absence of one of the suspects.
Justice Chinembiri Bhunu endorsed the ruling after law officer Mr Edmore Nyazamba and defence lawyer Ms Beatrice Mtetwa agreed on the position.
This came after a private doctor who examined Gapare at the prison hospital recommended his transfer to an institution where facilities for certain tests and treatment are available.
“The application to have Nyamadzawo Gapare treated at a private institution be and is hereby granted,” said Justice Bhunu. “The Commissioner of Prisons is hereby authorised to have the said Nyamadzawo Gapare transferred to the Avenues Clinic for treatment in terms of the proposed medical management plan.”
The application was made on Monday and the court had to visit the suspect at the Harare Central Prison Hospital to ascertain his condition.
On that day, Justice Bhunu allowed a private doctor to enter the prison premises to examine the suspect before writing a report and recommendations.
Senior prison officers who led the court on the Monday tour said the Zimbabwe Prison Service had manpower challenges and that the transfer of the suspect to Avenues Clinic required the services of at least six guards.
ZPS wrote a report indicating that Gapare had skipped taking some tablets he usually took and that caused the deterioration of his health.
They indicated in the report that he had started taking the tablets and that he was now recovering.
The 29 are being accused of killing Inspector Petros Mutedza, who was attached to the Police Reaction Group during violence that broke out in Glen View at the end of May last year.