Geraldine Zaranyika Herald Reporter
An application to have the body of one of the 11 suspected MDC-Alliance marshals, who were arrested for beating up a police officer, examined by an independent pathologist was yesterday dismissed.
Mr Kudzai Kadzere, who is representing the remaining 10 marshals, had applied to have the remains of Hilton Tamangani, who died in custody last week, examined on the basis that he had been denied access to medical attention.
The State opposed the application on the grounds that it was not given a death notice by the defence which was basing its application on hearsay.
Tamangani was jointly charged with Evans Chinyanga (39), Tichaona Maziya (22), Petros Kaesa (44), Tafadzwa Madziwa (23), Lovemore Chitengo (42), Robson Mutseta (31), Hillary Nyawasha (29), Denford Mlambo (41), Blessing Chirodza (41) and David Tawanda Tekere (35).
Harare magistrate Mr Richard Ramaboa dismissed the application citing that the court had no powers to give an order that the deceased be examined by an independent pathologist.
“The magistrates’ court can only work under its jurisdiction since it is sitting as a criminal court, it cannot grant such an application,” he said.
“The State is ordered to carry out thorough investigations into the death of the accused person and provide feedback by November 5.”
Mr Kadzere placed on notice that, if the State fails to adhere to the court’s orders, the accused persons should be removed from remand.
The matter was remanded to November 5.
It is the State’s case that the 11 allegedly took turns to punch and slap police officer Tatenda Sibiya, who was standing at the intersection of Julius Nyerere Way and Kwame Nkrumah Avenue, while ordering him to leave ‘‘their’’ area.
Tamangani allegedly stole a mobile phone, US$200 and $35 from Sibiya during the assault.
After committing the offence, the court heard that the suspects fled into the basement of Robinson House where they were later arrested.