In this case, the accused pleaded not guilty to a charge of murder as defined in section 47(1)(a) or (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] in which it is alleged, that, on 11 September 2018, at Gumtree Shop, Chitakatira Village, Chief Zimunya, Mutare the accused, ...
In this case, the accused pleaded not guilty to a charge of murder as defined in section 47(1)(a) or (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] in which it is alleged, that, on 11 September 2018, at Gumtree Shop, Chitakatira Village, Chief Zimunya, Mutare the accused, with intent to kill, stabbed the deceased with a knife once on the right side of the neck thereby inflicting injuries from which the deceased bled profusely and succumbed to death due to massive haemorrhage.
The post mortem report prepared by Dr Forgiveness Chitungo concluded the cause of death and it was tendered as exhibit 4 by consent. The doctor concluded, that, the cause of death was exsanguination secondary to haemorrhage....,.
I must point out, that, Dr Forgiveness Chitungo gave very clear evidence on the examination and preparation of the post-mortem report of the remains of the deceased.
He observed a 5cm laceration on the right side neck of the deceased. He further observed that the carotid artery was severed, and came up to the conclusion, that, death was as a result of exsanguination secondary to massive haemorrhage.
The doctor made it clear, that, the process of stopping blood oozing from a severed carotid artery was complex and would require use of special tools to plug the artery and this was not available at clinics like Chitakatira.
The doctor was unnecessarily subjected to what this court may term harassment on his experience and qualifications.
He never sought to portray himself as a specialist pathologist but was taken to task.
His report was clear on the history of the body he observed, and the observations he made.
The deceased was stabbed and he bled to death, or that he lost blood to levels incapable of sustaining life for himself.
Despite the unnecessary bruising and barraging cross-examination, the witness maintained his professional stance as he explained his observations, as recorded in the postmortem report, exhibit 4....,.
Letwin Mavayo's evidence was also very straight forward.
She is a nursing sister at Chitakatira Clinic. She only covered the wound with a bandage. According to her, at the time she attended the deceased, blood was no longer oozing out, but, the deceased's clothes were soaked in blood. Even at the place where he was seated, after being dropped off by a vehicle, there was a pool of blood.
The witness deduced, that, the deceased required hospital attention and thus referred the patient to Mutare Provincial Hospital.
The witness gave her evidence well. She took a barrage of unnecessary criticism from the defence counsel as regards how she carried out her duty.
The defence queried why she was not in the clinic after hours. The witness was on call and was within the hospital campus, and, as is expected, upon receiving an emergency, akin to “urgent matter” at court, she immediately attended.
Blood had been gushing from the scene of the stabbing at the shopping centre, a distance estimated by witnesses to be about 5km, and the flow had subsided at the time of reaching the hospital.
This decrease in blood flow, naturally, as elucidated by Dr Chitungo, is not because of treatment, but, that the blood contained in a human being is not infinite but an average quantity of about 5 litres.
The witness attended and referred the patient for specialised care.
There was no failure to timeously and professionally attend to the patient and administer treatment as suggested by the defence.
In so far as carrying out the duty of responding to call, and attending to a patient, the witness cannot be criticised. Her evidence was straightforward.
