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Magistrate orders Mukoko's release to the Avenues Clinic
MISA-Zimbabwe
February 12, 2009

http://www.misazim.co.zw/index.php?option=com_content&task=view&id=452&Itemid=1

Harare magistrate Gloria Takundwa on 11 February 2009 ruled that detained Zimbabwe Peace Project director Jestina Mukoko should be released into the custody of a well equipped and functional hospital for medical examination and treatment.

This followed an application by defence lawyer Alec Muchadehama for Mukoko to be urgently granted access to medical treatment arguing that there already existed four different court orders to that effect which had not been complied with.

Muchadehama went on to produce medical affidavits confirming the fact that the human rights activist and former news anchor with Zimbabwe Broadcasting Corporation was in dire need of medical attention.

The state represented by Florence Ziyambi challenged the defence submissions arguing that they could not solely rely on the opinion of the medical practitioners that examined Mukoko as there was the possibility of bias on their part. Ziyambi said the state should be allowed to come up with its own medical practitioner for an independent opinion on Mukoko's condition.

However, the magistrate guided by the theory of natural law, ordered the release of the accused into the custody of the Avenues Clinic. Magistrate Takundwa stated that she expected both parties to furnish the court with copies of the medical affidavits in question before making a ruling on 13 February 2009 to determine whether or not Mukoko should remain detained at the Avenues Clinic.

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