Witness fails to testify against gynaecologist

Their co-accused, Dr Rafique Parker, who is based in Nairobi, has never reported to court on charges of causing the death of Ayiru, whom they operated on in 2010.

The hearing of the case in which a Kampala gynecologist, Dr Edward Tamale Ssali, is accused of negligence that led to the death of a patient, Mercy Ayiru, was yesterday extended to April 30 after a prosecution witness failed to testify.

State prosecutor Stephen Asaba told Buganda Road Court presided over by Chief Magistrate Olive Kazaarwe that a witness only identified as Kato was present in court but could not testify because of a health problem.

“Your worship, I summoned a witness who has responded by showing up in court. However, he has informed me that he cannot testify because his pair of spectacles, which helps to rectify his sight problem, is broken. I seek for an adjournment to enable him acquire another set,” Mr Asaba said.

The accused
Dr Ssali appeared in court alongside one Mr Christopher Kirunda, an anesthetist at a women’s fertility centre in Kampala. Their co-accused, Dr Rafique Parker, who is based in Nairobi, has never reported to court on charges of causing the death of Ayiru, whom they operated on in 2010.
Last month, Dr Sephas Mijumbi from Mulago National Referral Hospital, in his testimony, told court that he was entrusted with examining the anesthesia machine at Women’s Hospital International and Fertility Centre in Bukoto, a city suburb by the director, Dr Ssali.

“The anesthesia machine at the fertility centre did not have a mathematic ventilator. Therefore, this could not necessitate it to do automatic ventilation which causes inconsistence in breathing of a person under its support,” Dr Mijumbi said.

However, during the crossing examination by defence lawyer MacDosman Kabega, the witness denied having physical evidence to show that he was authorised by Dr Ssali to inspect his clinic.

bndagire@ug.nationmedia.com