Jeche takes fraud case to Con Court over mental he...

Jeche takes fraud case to Con Court over mental health diagnosis

Zim Now Writer

Businessman Bishop Jeche, who is facing fraud charges alongside his six Investments, where he is contesting the way retired magistrate Hoseah Mujaya is handling the case and is seeking intervention from the Constitutional Court.

Jeche believes Mujaya is acting unfairly and ignoring important evidence in the case.

Two medical specialists have diagnosed Jeche with dementia and bipolar depression. These conditions significantly impact his cognitive abilities, making it difficult for him to concentrate, answer questions, and remember things.

Jeche’s lawyers, Admire Rubaya and Malvern Mapako, requested a postponement of the trial due to Jeche’s health condition. They argued that he needed time to recover before being able to participate in the trial. However, Magistrate Mujaya rejected this request.

Dr. Anesu Isabel Chinoperekwei, a specialist psychiatrist, testified in court that Jeche was not fit to stand trial. She explained that his dementia and memory loss were severe. Dr. Charles Nyamukachi, another medical expert, concurred with the diagnosis.

Despite the doctors’ testimonies, magistrate Mujaya ruled that the trial would proceed. He argued that the decision was ultimately his and not the doctors’. Jeche’s lawyers are now appealing to the Constitutional Court.

They believe that the magistrate’s decision to disregard medical expertise violates Jeche’s right to a fair trial. They argue that forcing him to participate in the trial while mentally impaired is unconstitutional.

The defence also questions whether magistrate Mujaya, who is retired, is facing pressure to conclude the case quickly. They believe this pressure could prejudice their client. Jeche’s lawyers point out that Mujaya initially planned to preside over the case for only three days. They argue that his decision to continue the trial suggests undue pressure to finish the case as soon as possible.

The defence has filed an application with the Constitutional Court, raising several questions. The questions centre on whether requiring Jeche to participate in the trial while mentally unwell violates his constitutional rights and whether Magistrate Mujaya’s refusal to postpone the trial, disregarding medical opinions, infringes upon Jeche’s right to a fair hearing.