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.