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Mwonzora disputes Mangoma's medical report
05 Mar 2014 at 11:48hrs | Views
MDC-T spokesperson, Douglas Mwonzora, who is also the lawyer representing party youths accused of assaulting deputy treasurer-general Elton Mangoma, Tuesday described a medical report produced by the state at the Harare Magistrates' Courts as vague and questionable.
Mwonzora said this during a bail application hearing as he sought the release of the four accused.
Francis Machimbidzofa (38), Enock Mukudu (31), Stefani Jahwi (36) and Samson Nerwande (41) have been in custody since Wednesday last week.
They are all accused of assaulting Mangoma as he was coming out of a meeting at Harvest House.
Mangoma's assault was allegedly triggered by a letter he wrote to party leader Morgan Tsvangirai calling on him to consider stepping down.
"The medical report does not reveal the degree of injuries. Mangoma did not suffer swollen legs, broken hand or broken neck. The report goes on to say a weapon that was used to assault Mangoma were just fists. A true medical report will state that a sharp object was used.
"The medical report does not support police statements that the injuries were serious," said Mwonzora.
Mwonzora also disputed allegations that up to 12 youths assaulted Mangoma.
"The medical report goes on to say the number of people who assaulted Mangoma is five, contrary to police statements that up to 12 youths took part in the assault.
"How do five people deliver 12 blows? It then means at least seven people beat up Mangoma. The question at hand is who the innocent ones are, and the answer is that my clients should be granted freedom as shown by the video from Harvest House," he said.
On the other hand, the state counsel Sharon Mashavira said the state was opposing bail as granting it would justify perpetration of violence by society knowing that they would get away with it.
"While the state is aware of the accused's right to liberty as enshrined in the constitution, and that they have the right to be presumed innocent, it should be brought in mind that they are facing a serious offence,"said Mashavira.
"The charge they are facing is not just a matter of simple violence, but political violence which makes it more aggravatory in nature. In our country, we are fighting to have peace and hence they are facing a serious charge."
He said the complainant sustained serious injuries as proven by the medical report.
"As the state, we remain adamant that the accused are the ones who carried out the assault. Taking into consideration that the charges they are facing are serious, if given bail, they are likely to abscond," said Mashavira.
Magistrate Tendai Mahwe is expected to deliver his ruling on the bail application today.
Mwonzora said this during a bail application hearing as he sought the release of the four accused.
Francis Machimbidzofa (38), Enock Mukudu (31), Stefani Jahwi (36) and Samson Nerwande (41) have been in custody since Wednesday last week.
They are all accused of assaulting Mangoma as he was coming out of a meeting at Harvest House.
Mangoma's assault was allegedly triggered by a letter he wrote to party leader Morgan Tsvangirai calling on him to consider stepping down.
"The medical report does not reveal the degree of injuries. Mangoma did not suffer swollen legs, broken hand or broken neck. The report goes on to say a weapon that was used to assault Mangoma were just fists. A true medical report will state that a sharp object was used.
"The medical report does not support police statements that the injuries were serious," said Mwonzora.
Mwonzora also disputed allegations that up to 12 youths assaulted Mangoma.
"How do five people deliver 12 blows? It then means at least seven people beat up Mangoma. The question at hand is who the innocent ones are, and the answer is that my clients should be granted freedom as shown by the video from Harvest House," he said.
On the other hand, the state counsel Sharon Mashavira said the state was opposing bail as granting it would justify perpetration of violence by society knowing that they would get away with it.
"While the state is aware of the accused's right to liberty as enshrined in the constitution, and that they have the right to be presumed innocent, it should be brought in mind that they are facing a serious offence,"said Mashavira.
"The charge they are facing is not just a matter of simple violence, but political violence which makes it more aggravatory in nature. In our country, we are fighting to have peace and hence they are facing a serious charge."
He said the complainant sustained serious injuries as proven by the medical report.
"As the state, we remain adamant that the accused are the ones who carried out the assault. Taking into consideration that the charges they are facing are serious, if given bail, they are likely to abscond," said Mashavira.
Magistrate Tendai Mahwe is expected to deliver his ruling on the bail application today.
Source - zimmail
