New twist to General Mujuru death saga

By Xolisani Ncube

HARARE – The Mujuru family is not giving in yet in their bid to have remains of the late retired army general Solomon Mujuru exhumed for a second autopsy. Vice President Joice Mujuru’s attorney Thakor Kewada told the Daily News that their request to have a second autopsy conducted on Mujuru will be resuscitated if the findings of the presiding magistrate does not satisfy them.

He said the family had an option of challenging magistrate Walter Chikwanha’s decision if he fails to answer critical questions raised during the three-week inquest as various witnesses told the court conflicting statements as to what could have happened to the five-star general.

“We are just waiting for the magistrate’s finding and then I will be guided by my client (Joice Mujuru) accordingly,” Kewada said. “We will take steps after looking at the magistrate’s findings,” Kewada said.

Chikwanha turned down the family’s application to have their pathologist from South Africa Reggie Perumal admitted as a witness and to conduct a second autopsy as well as assisting in establishing the cause of the death.

The family also wants Perumal to determine whether the person buried at the National Heroes Acre is indeed the retired general. Kewada said this as some media reports claim that the magistrate’s findings would be cast in stone.

“I have gone through the Inquest Act (and) I did not see where it precludes anybody from appealing either for a review of the inquest or challenge it in the higher courts. But I will wait for the outcome and be guided accordingly,” Kewada said.

According to the Inquest Act, first introduced in 1951 and amended in  2001, the decision of the presiding magistrate or Attorney General is not regarded as absolute. The Mujuru family is doing all it can to ensure that no chance is missed to have the truth concerning the death of the general made public.

According to sources, the Mujuru family, through Kewada, last week wrote to the presiding magistrate requesting for a transcript of the proceedings so that they could not lose sight of the case.

However, it is believed that the magistrate referred the Mujuru family to the clerk of court for the records they were seeking. According to the inquest rules of 1998, the magistrate should provide the transcript of the proceedings to interested parties upon payment of a certain fee.

“A magistrate shall on application and a payment of the prescribed fee supply to any person who in the opinion of the magistrate is a properly interested person a copy of any deposition that at an inquest or of any affidavit, statement, report or other document put in as evidence at an inquest,” reads the inquest rules.

The request to have a second autopsy conducted was made after a government appointed pathologist was exposed as potentially having done a shoddy job. Gabriel Alvero of Cuban nationality admitted in court that he did not have enough tools to carry out the post-mortem. He also did not carry out an X-ray which should form part of an autopsy.

According to the Inquest Act, a post-mortem should be carried out by a registered medical practitioner, but Alvero told the court that he was not registered with the local medical board at the time of conducting an autopsy.

He said he was a member of a Cuban brigade that is part of bilateral agreement between Harare and Havana. According to the Inquest Act, a public investigation should be conducted as soon as possible to determine the identity of the deceased. However, the inquest into Mujuru’s death was opened five months after his burial at the national shrine.

“Provided that if the body is interred in a cemetery established or controlled and administered under the Cemeteries Act, such body may only be so disinterred upon the order of the minister responsible for home affairs,” reads the Inquest Act. Daily News