Mujuru’s exhumation request rejected
HARARE — Vice President Joice Mujuru and the entire Mujuru family were yesterday left shell-shocked after magistrate Walter Chikwanha turned down an application by the family to have the late retired general Solomon Mujuru’s remains exhumed for a second autopsy.
Mujuru’s remains are buried at the National Heroes Acre following his death last August in suspicious circumstances.
Chikwanha’s ruling received negative and disbelieving nods from the Mujuru family members in attendance with the widow, Vice President Mujuru being overheard saying “zvakaoma” (it is tough) to one of the relatives.
After the court ruling, the Mujuru family congregated outside the magistrate’s court comforting each other on the devastating court ruling at least according to family members.
Visibly disappointed, the family members looked pale as they asked their lawyer Thakor Kewada the next course of action.
Through Kewada, the Mujuru family on Friday applied to Chikwanha to have remains of the retired general exhumed for a second autopsy by top South African pathologist Reggie Perumal.
The Mujuru family made the application after Perumal, who was in court on Friday, trashed evidence given by a government appointed pathologist Gabriel Alvero saying the Cuban doctor, who ironically was exposed as not registered with the local medical council, did a sloppy job when he did his post-mortem.
According to Perumal, the autopsy conducted on the late guerrilla war hero was improper and below expected standards.
However, Chikwanha disputed the claims saying he was of a different view.
“I have carefully considered and put my mind together to the application made by Kewada on behalf of the family. I will not grant the application on the following reasons — (a) “Opinions made by Kewada as to the Dr Alvero’s evidence are not shared by this court, (b) the role of lawyers in an inquest is to assist the magistrate to clarify issues from witnesses and not address the court to points of facts and opinions,” said Chikwanha.
He added: “The court is still yet to analyse Dr Alvero’s statements and statements from other witnesses. It is only after the analysis of all the evidence that the court would know what transpired,” said Chikwanha when delivering his ruling.
However, the Mujuru family is not giving up yet.
Mujuru’s brother Joel told the Daily News that the ruling failed to consider the family agony and the matter at hand.
“The court has done its job, but failed to take into account our feelings and pain as a family,” said Joel Mujuru, brother to the late decorated general.
Chikwanha immediately closed the inquest saying he will hand over his findings from 38 witnesses who testified to the Attorney General.
Nevertheless, the Mujuru family lawyer said they would explore all possible avenues to have an exhumation conducted.
Kewada told the Daily News that the family would wait for Chikwanha’s ruling from which they will take the next move.
“We will wait for Chikwanha to deliver his findings and then we will apply for an exhumation of the body so that we can satisfy ourselves on what really happened to the general,” said Kewada.
According to the Mujuru family pathologist, Alvero should have examined the brains, the teeth as well as examining blood samples to ascertain what could have caused his death.
They accuse Alvero of failing to carry out an X-ray, which they said should have been a basic procedure before carrying out an autopsy.
However, Chikwanha told Kewada that he erred when he claimed in court that Alvero did a shoddy job as that mandate of validating evidence was the sole prerogative of the court.
He said doing so was tantamount to addressing the court on facts, which he said violated the inquest rules.
In turning down the application made by the Mujuru family, Chikwanha said doing so was prejudging his findings.
“It is like putting a cart before a horse,” said Chikwanha.
Mujuru family members said despite the refusal by the court to have the late star general’s body exhumed, witnesses who have testified in the high profile case had exposed a lot that led to suspicion around his death.
“We are happy as a family because we now know what could have happened to the general and we will compare it with the magistrate’s ruling,” said a family member who spoke on condition of anonymity.
“The public knows the truth now and we don’t need a scientist to tell us what happened, but just go through testimonies given in court,” the family member added.
Evidence tendered in court by all the 38 witnesses has left more questions than answers with some family members suspecting foul play.
Police officers who investigated the matter ruled out foul play. Alvero suggested that the decorated military supremo could have died because of carbon monoxide although he admitted that this could be wrong, as he did not do certain examinations that could assist in establishing the cause of death.
He told the court that he did not have enough tools to carry out the autopsy.
Other witnesses who testified said they heard gunshots on the night Mujuru is believed to have met his death.
Rosemary Short, a maid at the farm and Clemence Runhare, a security guard, said they heard unusual sounds akin to gunshots.
Police details who attended the scene, told the court that unfamiliar blue flames were seen coming from Mujuru’s burning body.
The last witness to testify was the vice president whose affidavit was tendered in court, as she could not take to the witness stand owing to her emotional status.
In her statement, Mujuru narrated how she left the general at their residence in Chisipite and how the late husband had his last lunch with his grandchildren before leaving for the farm.
Posted by Metro Staff Writer
on February 7, 2012. Filed under Local News.
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