HARARE – Marry Mubaiwa’s bid to permanently halt her criminal prosecution on medical grounds got off to a false start on Wednesday after the National Prosecuting Authority failed to submit an assessment of her condition ordered by a judge.
Mubaiwa, the ex-wife of Vice President Constantino Chiwenga, has had her right arm and left leg amputated since her December 2019 arrest on charges of the attempted murder of the retired army general.
She also faces a separate trial for alleged money laundering.
Mubaiwa’s lawyer Beatrice Mtetwa said the NPA was expected to upload and forward correspondence between the parties to the judge, Pisirayi Kwenda, who ordered investigations into her medical troubles before he decides whether the former model’s prosecution should be permanently stayed.
The matter has now been moved to this Friday.
Mtetwa told journalists outside the High Court in Harare: “When we were last in court the judge said we should agree that investigations should proceed and we exchanged correspondence and agreed on the issues… and sent the issues to the prosecution department on December 12.
“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 so that the judge can be updated on where we are with that process.”
Mtetwa last year made an application on behalf of her client arguing that it would not be in the interests of justice for her to stand trial.
The lawyer said there had been a lot of delays in her trials primarily because she is always applying for postponements due to Mubaiwa’s illness.
Mtetwa also said in her current state, Mubaiwa cannot even give instructions because she is always on medication, adding that she can hardly follow proceedings in court.
Harare magistrate Feresi Chakanyuka dismissed her application prompting the appeal at the High Court.
Mubaiwa is accused of attempting to kill Chiwenga when he was sick and bedridden in Pretoria, South Africa, in July 2019.
She is also accused of money laundering over money transfers to South African bank accounts.
