The court was expected to sit on Wednesday, but failed following the State’s failure to upload the documentation that all parties had agreed on concerning this directive.
Marry Mubaiwa Court Hearing Set For Friday
Zimbabwean News You Can Trust
High Court judge Justice Pisirayi Kwenda is this Friday expected to get an update regarding investigations by the State in a case where Vice President Constantino Chiwenga’s ex-wife Marry Mubaiwa is seeking a permanent stay of her trial.
Mubaiwa last year asked for a permanent stay of her prosecution, citing poor health.
The judge said the investigations would assist the court in deciding whether Mubaiwa’s prosecution should be stopped.
“There was a case management today…there are investigations which the judge said were necessary to be done before he can decide whether or not our application of permanent stay should succeed or not.
“So when we were last in court, he said we should agree that the investigation should proceed, and we exchanged correspondence and agreed on the issues, and sent the issues to the prosecution department on 12 December.
“Unfortunately, for some reason, they did not upload it or scan and send it to the judge although it was an agreed document.
“So we are coming back on Friday 10 so that the judge can be updated on where we are with that process,” Mtetwa told journalists at court.
Mubaiwa among other issues, complains that she is unable to stand trial or give instructions to her lawyer because of her poor health.
Mubaiwa has been sick for over five years and has since lost two of her limbs to a condition called lymphodema.
The former model is now unable to walk and is brought to court in a wheelchair.
She has three aides who help her to get in and out of her wheelchair.
Mtetwa last told Harare magistrate Feresi Chakanyuka that her client has been in and out of hospital and will sometimes be sedated with medication.
The lawyer argued that it would be in the best interests of justice if Mubaiwa’s trial is stayed.
Mtetwa said Mubaiwa cannot fully enjoy the right to a fair hearing adding that this includes the right to be physically and mentally capable to follow the full proceedings and the capacity to give instructions to her lawyer or give her version of events.
“I am able to say that the applicant is currently unable to fully exercise all of those rights due to all the issues I have raised above. In particular, I point out that with regard to the money laundering case, the State papers were provided to the defense when the applicant was already on heavy medication, had already lost a limb and was trying to avert the loss of her leg.
“Consequently, she has been unable to give instructions on the documents supplied by the State in November 2023, with the result that her legal team only has general instructions from the period of her arrest when no document had been provided save for the general allegations given on remand,” Mtetwa told Chakanyuka who however dismissed the request.
Mubaiwa is accused of attempting to kill Chiwenga when he was critically ill and hospitalized in South Africa.
Additionally, she is charged with money laundering, but her legal matters have been prolonged due to her poor health.
Source New Zimbabwe