Wednesday, May 30, 2007

Docs declare Chiluba fit to stand trial in 'private'

Docs declare Chiluba fit to stand trial in 'private'
By Noel Sichalwe
Wednesday May 30, 2007 [04:00]

THE University Teaching Hospital (UTH) ad-hoc committee of doctors has certified second Republican president Frederick Chiluba fit to stand trial, but in “private”. And UTH acting managing director Dr. Peter Mwaba yesterday confirmed that the ad-hoc committee had prepared a report which has since been handed over to the Ministry of Health.

According to sources, the doctors examined Chiluba during the five days he was admitted to the UTH after he collapsed on Thursday last week. The sources said the doctors had recommended that Chiluba could not stand trial but suggested that as an alternative, he could be tried in private.

"According to the report, the condition is 50-50. The doctors have recommended that Dr Chiluba is unwell and cannot stand trial at the moment," the sources said. "If he has to stand trial, it has to be in private."

And Dr Mwaba said a report on Chiluba had been sent to the Ministry of Health permanent secretary, Dr Simon Miti.

"We had a meeting yesterday (Monday) and came up with a report which has since gone to the permanent secretary. For any queries, you should direct them to the ministry," Dr Mwaba said.

After Chiluba was discharged on Monday morning, the ad-hoc committee sat and generated a report that was supposed to be presented in court today. Chiluba collapsed last Thursday and was later admitted to the UTH for observation and treatment. His collapse was attributed to stress as a result of his heart problem. Chiluba was discharged after being treated for a chronic heart condition. The doctors have since recommended plenty of rest and light exercise for Chiluba.

Acting deputy registrar of the High Court Jones Chinyama a fortnight ago directed Chiluba to appear before a team of doctors at UTH to review his medical condition. The order came after lawyer Diana Bunting informed the court on behalf of the defence lawyers Robert Simeza and John Sangwa that Chiluba was not before court for mention because he was still unwell.

Bunting further asked the court to set trial dates sometime in August because Chiluba was scheduled to go to South Africa for medical review in July. In response, state prosecutor Mutembo Nchito noted that from what Bunting was saying, Chiluba was not able to attend trial anytime before August. Nchito noted that it was evident that Chiluba was active in the public domain and engaged in matters more strenuous than attending court.

He suggested that special equipment to be provided for Chiluba to attend court in the comfort of his home if it was not possible for him to attend court in person, or that the trial date could be set in August as per request by the defence. Magistrate Chinyama then ordered Chiluba to appear before a team of doctors last time because of his medical condition. He said Chiluba's medical report should be presented before court.

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