Crimes and Courts Correspondent
Marry Mubaiwa, the former model, has formally requested the courts to abandon her trial, citing her chronic health issues and the failure of prosecutors to bring her to trial within a reasonable timeframe. Mubaiwa has been embroiled in legal battles since 2019, following serious allegations made by her ex-husband, Vice President Constantino Chiwenga, who claimed she attempted to harm him while he was hospitalized in South Africa.
Health Concerns and Legal Proceedings
Mubaiwa faces charges of attempted murder, fraud, and money laundering, all of which she denies. However, her deteriorating health has overshadowed the legal proceedings. She has suffered significant medical setbacks, including the amputation of her right arm and left leg, which have severely compromised her physical and mental state.
On Tuesday, Mubaiwa appeared in court in a wheelchair, highlighting the extent of her health challenges. Her lawyer, Beatrice Mtetwa, argued that proceeding with the trial under these circumstances would not serve justice.
“The applicant is currently unable to fully exercise all of those rights due to all the issues I have raised above,” Mtetwa stated.
She emphased that Mubaiwa’s ability to provide coherent instructions and follow court proceedings has been severely impacted by her medication and health condition.
Legal Arguments Presented
Mtetwa pointed out that Mubaiwa’s right to a fair hearing is contingent upon her being physically and mentally capable of participating in the legal process. She noted that when the state provided documents related to the money laundering case in November 2023, Mubaiwa was already heavily medicated and struggling with her health. This has hindered her ability to respond effectively to the charges against her.
The lawyer also highlighted that Mubaiwa has consistently sought a speedy trial, especially after assurances from the state that investigations would conclude by January 2020.
“If she is put in the dock under her current condition, the court would have exhibited a miscarriage of justice,” Mtetwa argued.
State’s Response and Next Steps
In response, state representative Lancelot Mutsokoti indicated that he would be prepared to address the application on November 15. He mentioned that a similar application had been filed at the High Court, with a ruling expected on November 25, suggesting that the outcome could influence their case. Mutsokoti proposed postponing the matter until December 2.
Presiding magistrate Feresi Chakanyuka has adjourned the case to November 22 for a ruling, as the court considers the implications of Mubaiwa’s health on her ability to stand trial.
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