The Western Cape High Court heard that a GP had issued a nine-day sick note to a patient – accused of murder – based solely on a phone call, without ever examining her, and contradicting the court’s belief that she had visited his practice in Elsies River, reports News24.
However, despite Zurenah Smit’s hospital stay and private GP’s diagnosis, the court has found no supporting medical evidence.
Smit is accused of having masterminded the 2019 killing of her husband, Stefan Smit, at the Louisenhof Wine Farm, alongside her co-accused Derek Sait.
Dr Imraan Shaikh testified that he had received a call from Smit at 4.20pm requesting a house call, which he was unable to accommodate. They agreed on a telephonic consultation, which lasted approximately six minutes.
The doctor, who shares medical insights via his social media platforms, said that he did telephonic and virtual consultations.
Smit’s lawyer, Susanna Kuun, told Judge Derek Wille her client was not feeling well this week but had attended proceedings in fear that a warrant of arrest would be issued if she failed to appear.
Smit had previously been discharged from Victoria Hospital, where she spent three days under observation, underwent scans, and was subsequently medically cleared to stand trial. Only hours later, at around 11.30, she phoned Shaikh, who declared her unfit for nine days due to “hypertension”.
When she returned to court last Thursday, she arrived with a crutch, a black shopping bag, and a blue mask. She loudly vomited into the bag as proceedings began.
Under questioning, Shaikh conceded that his diagnosis was entirely based on Smit’s account and that a physical examination might have led to a different finding.
Wille summarised that no medical evidence supported her claims of being too ill to testify.
Shaikh said he made his diagnosis due to the symptoms described to him on the phone, which were consistent with a transient ischaemic attack (TIA/mini-stroke).
He admitted that another physician, Dr Shakil Hoosain, had a better assessment of Smit due to the physical observations made.
Shaikh formally withdrew his findings from the telephonic consultation.
“Based on what I have come to know and the evidence of the other doctor, it would weigh heavily,” he admitted.
Prosecutor Renee Uys argued that the accused was continuing to employ tactical delays to avoid testifying.
“We are delaying because of accused number one. She was fine during the [discharge] application, and when she was asking this court for this honorable judge to recuse himself from the trial.”
The State has closed its case, and the defence is meant to begin. However, Smit has now instructed Kuun to bring two further applications, pending approval from Legal Aid SA.
Wille said the case will resume on 1 December, which would allow Smit to “recover” and allow Legal Aid to decide on the applications submitted to it.
See more from MedicalBrief archives:
Fake sick note doctor to plead not guilty
HPCSA investigating doctors issuing false sick notes