Doctor makes u-turn on 'hypertension' finding in husband-murder accused Zurenah Smit's trial

The general practitioner who issued a sick note to accused husband killer Zurenah Smit following a six-minute telephonic consultation has recanted his findings in which he booked her off for a week for hypertension.

Dr Imraan Shaikh confirmed to the court that he had not had a physical consultation with Smit but instead, after his patient had been discharged from Victoria Hospital following a three-day stay, he did a telephonic consultation.

Dr Shaikh told the court that he received a call from Smit at 4.30pm requesting for a house call which he could not accommodate. They agreed on a telephonic consultation which was conducted for approximately six minutes. 

The doctor, who shares medical insights via his social media platforms, confirmed that he does telephonic and virtual consultations.

Added to this, the matter has now hit another delay as Smit's counsel, Susan Kuun, submitted Smit was not "feeling well" but attended court due to a warrant of arrest which could be enforced if she does not appear in court as per her bail conditions.

Probed about Smit's consultation on November 16, Dr Shaikh said he was told by Smit of her hospital stay and she described symptoms to him including weakness in her right side, slurred speech and that she had allegedly collapsed while at Victoria Hospital, which he said alluded to a mini-stroke.

Dr Shaikh, who attended court with his own lawyer, confirmed that he issued the sick certificate and booked her off for the period of November 19-28 due to the symptoms she had described and made the diagnosis to ensure she does not undergo "stresses" during that period. Dr Shaikh said he made his diagnosis due to the symptoms described to him, which were consistent with a Transient Ischemic Attack (TIA/mini-stroke).

Judge Derek Wille questioned Dr Shaikh on whose evidence he should rely on after a physician, Dr Shakil Hoosain, had examined her at the Victoria Hospital and during observations and examinations at hospital, found Smit to be medically fit to be discharged as well as fit to participate in a criminal trial.

Dr Shaikh submitted that Dr Hoosain had "a better assessment" of Smit due to the physical observations made. 

Recanting his findings relating to the telephonic consultation, Dr Shaikh said: "Based on what I have come to know and the evidence of the other doctor, it (Dr Hoosain's finding) would weigh heavier."

State prosecutor Renee Uys argued vehemently against a further postponement of the matter as the court recess period is anticipated, this as Judge Wille pointed to Smit's medical condition. 

In another spanner in the works as a result of two applications made by Smit, Kuun submitted to the court that the applications would need authorisation from Legal Aid which she was yet to receive. 

Judge Wille said the last week of court term, December 1-5, is not usually used for trials but due to the two applications and its pending authorisation, he would make the allowance.

Uys argued that the State is also entitled to a fair trial. 

"This is again an example of (Smit) being manipulative and amounts to an abuse of process. We have had two doctors over a period of a week who had to take their time to come to court to testify about her condition. As she sits here in the box today there is no medical evidence to support the notion that she is allegedly ill.

"We must also have a fair trial. This is not a fair trial process. The State is ready to continue. The State was at all times ready. During the State's case, she was miraculously, perfectly fine. The minute her section 174 application was dismissed, now the sudden onset of illness. I understand that the defence case might be a stressful process for her but medical tests were conducted in hospital and they still find that she is fit to stand trial," said Uys.

Judge Wille postponed the matter to allow Smit to be in a "better medical state" and to allow for the Legal Aid board's pending authorisations. 

The matter will resume on December 1 at the Western Cape High Court. 

Smit is accused of having masterminded her husband, Stefan Smit's 2019 murder at the Louisenhof Wine Farm alongside her co-accused Derek Sait. 

Cape Times