High Court judge Micheal Mtambo has demanded a comprehensive medical report from Blantyre Adventist Hospital on bill of health of former minister of Justice and Constitutional Affairs Raphael Kasambara.
Kasambara, who is facing a charge of conspiracy to commit murder in the case of the shooting of former Ministry of Finance budget director Paul Mphwiyo, has been hospitalised at the facility after the revocation of bail conditions last month.
Mtambo issued the order on Tuesday after the State through Director of Public Prosecutions, Mary Kachale asked the court to issue the order after getting what she called “conflicting medical reports” from two medical doctors on the same.
Kachale’s application came after lawyer representing Kasambara family members, Manuel Theu served the court and the DPP medical documents one from Kasambara family doctor Luano Kalongolera which said the former justice’s health need serious observation for the next 21 days and that he can only be fit for trial after the said days .
But in another letter of reference signed by heart specialist from Holland, doctor David Saunders of Blantyre Adventist hospital, says Kasambara has to be observed for three days before he can be able to stand trial.
Theu then asked the court to adjourn the case based in doctor Kalongolera report, who he said is the right person since he is the family doctor who understand the health background of Kasambara and he is the only one who can understand his bill of health.
But the State’s top prosecutor questioned on what capacity doctor Kalongolera issued the medical report instead of the hospital which he is admitted to.
She queried that Kalongolera was not supposed to issue the sworn affidavit but Blantyre Adventist hospital since its where Kasambara is receiving medical help.
The DPP also questioned if indeed doctor Kalongolera did the affidavit in consultation with doctors from the hospital, saying if they did so she wondered why there are conflicting statements on Kasambara fitness to stand trial.
Kachale then asked the court to issue order to Blantyre Adventist hospital to issue a “comprehensive report” on Kasambara’s health.
The DPP said though she doesn’t want to read much into what is contained in the medical report as its private issue, she referred to the judge the “same conduct” of Kasambara during the ‘State vs. Kasambara case’ when Kasambara was also admitted at Mwaiwathu hospital in February 2012.
Kachale dismissed the report from Kalongolera, saying the court should not attach any weight to it on the grounds that it was baseless.
She said: “Why should the court attach any weight to Kalongolera’s report? Blantyre Adventist Hospital have capable doctors who can ably write a comprehensive report on their patients, why should some doctor based in Zomba do the report on their behalf?
“Secondly, no one is not fit to stand trial unless they prove they are mentally disturbed. Being a [medical] doctor, I think he should refrain from making such statements. As State, we want Blantyre Adventist to comment on the report and its findings.”
The Judge then issued the order to the Blantyre Adventist hospital doctors to issue a comprehensive medical report to the court by Wednesday 9 am and he has since adjourned the case to Wednesday 14th October 2015 at 2:30 pm.Follow and Subscribe Nyasa TV :