CL/175/11(a)-R.2- 47 -
Geneva, 1st October 2004
Gilbert Moyo skipped bail and a warrant for his arrest had to be issued.
A warrant of Mr. Dulini-Ncube's arrest was made after his lawyers failed to bring him to court when directed to do so. He was arrested on August 3, 2002 and his lawyer indicated that his client was sick and requested that he be detained at Mater Del Hospital in Bulawayo where Mr. Dulini-Ncube’s doctor practices.
Mr. Dulini-Ncube’s detention at the hospital is normal practice where the accused person is incapacitated by some infirmity as in his case. As normal practice, he was also detained under police guard. It must be appreciated that his lawyer had failed to bring his client to court when requested to do so and hence the police guard was necessary. In fact all accused persons and suspects are placed under police guard when detained in hospital.
On August 6, 2002 court proceedings were held at Mater Dei Hospital and another bail application was made. He was granted bail.
Matter is currently being heard in the High Court before Justice Sandra Mungwira. Matter has not yet been finalised.
It is clear from the above series of events that there was no ill‑treatment torture of Dulini-Ncube. The police had an obligation to investigate a murder in which the member of parliament was implicated.
On the variation in dates of arrests and detention, it must be noted that the dates given by the Prisons Department are the dates when the custody of Dulini-Ncube was taken over by the Prison Service and the dates given by the police are the dates when he was in the custody of the police. The prisons and the police are two different organisations who have different roles in the criminal justice system.
Mr. Dulini-Ncube was detained in Khami prison from 19 November to 18 December 2001, when he was released on bail. He was taken into custody again in early August 2002 when he was arrested in hospital and despite his condition (he had been undergoing an operation) detained for a few hours before being taken again to Mater Dei Hospital.
As regards his conditions of detention in Khami prison where he was held from 19 November to 18 December 2001, Mr. Dulini-Ncube confirmed earlier information and specified the following: when entering the prison, his medical doctor, Dr. Onyanga Omara, provided the prison authorities with a report on his medical condition and the treatment and medicines he required as a person suffering from hypertension and diabetes. Mr. Dulini-Ncube was supposed to take medicine several times a day. As he had not taken enough medicines with him, he ran out of the eye drops he needed (Timotil Eye Ointment). Although the prison medical officer Dr. A.M. Dube promised to supply him with the ointment, he finally prescribed Neodedson which was contra- indicated for his condition. Moreover, Mr. Dulini-Ncube stated that he saw Dr. Dube only twice, the first time following an emergency call four days after his incarceration in Khami prison. Dr. Dube never physically examined him but adjusted the dosages over the telephone. His instructions were never followed up. Only once, on 10 December 2001 a few days before his release, medical assistants responded to his complaints and took a blood sample, but he never heard the results of the test. Finally, Dr. Dube did not prescribe any special diet before the first High Court hearing. By the time, he was released from Khami prison, his blood sugar had risen to 23mmol/l and he had to be hospitalised in Mater Dei Hospital for 3 days in order to stabilize his condition. As a result of the lack of the necessary medical care, Mr. Dulini-Ncube lost his sight in one eye. He lodged a complaint with the Health & Dental Practitioners Council of Zimbabwe against the conduct of Dr. Dube.
Mr. Dulini-Ncube confirmed that his family was not allowed to bring him food and that he spent 33 days in solitary confinement in a small cell, with 10 minutes per day to go out to eat (milk and brown bread following the first High Court hearing). He was not allowed to mix with other prisoners.
The authorities restated the information provided earlier by them as regards his medical condition, namely that during his stay, Khami prison staff allowed Mr. Fletcher Dulini-Ncube to continue receiving medication from qualified medical personnel. In line with Section 78 of the Prisons Act (Chapter 7:11) he was