HARARE – Unwell Marry Mubaiwa has pleaded with the courts to abandon her trial citing her chronical health troubles and failure by prosecutors to try her within a reasonable period.
Mubaiwa has been in and out of the courts since 2019 when her then husband and current state Vice President Constantino Chiwenga made sensational claims she attempted to finish him off by pulling an intravenous drip out of his arm as he lay battling for life in a South African hospital in Pretoria where he had been detained over a serious ailment.
At her ex-husband’s behest, she was also accused of fraud and money laundering. She denies all the charges.
But what should have been a famous story involving alleged attempted murder on a potential state president and corruption has been dwarfed by her chronic ailment with spotlight turned sharply on the state’s apparent determination to hound her to the depths her health troubles.
Mubaiwa’s change of fortune coupled with a messy separation from the former military commander appeared to have compounded her health situation which has seen her right arm and left leg amputated due to her deteriorating health.
Despite her apparent health woes, there seem to have been no desire by the state to abandon pursuit of her alleged crimes even when she has sometimes been wheeled to court by hospital staff on a stretcher.
The one-time queen of the ramp has since approached her trial court seeking stay of prosecution while citing her health troubles.
On Tuesday, Mubaiwa appeared in court on a wheelchair.
Through her lawyer, Beatrice Mtetwa, Mubaiwa filed written arguments emphasising that proceeding with trial would not serve the interests of justice, particularly given the frequent delays caused by her ongoing health issues.
Mtetwa highlighted that Mubaiwa is currently unable to provide her legal team with proper instructions due to the medication she is on and her poor health condition,.
This, she said, was making it difficult for her client to follow court proceedings.
According to Mtetwa, the right to a fair hearing requires that an accused individual be both physically and mentally capable of participating fully in the legal process, including the ability to testify coherently.
“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 regards the money laundering case, the State papers were provided to the defence 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 presented in court.
Mubaiwa also contended that her inability to respond effectively to the charges stems from her deteriorating health situation, which includes the loss of a limb and ongoing rehabilitation efforts.
She pointed out that when the state provided documents related to her money laundering case in November 2023, she was already heavily medicated and struggling with significant health challenges.
Mtetwa said Mubaiwa has consistently sought a speedy trial, particularly after promises from the state that investigations into her cases would conclude by January 2020.
The lawyer said if she is put in the dock under her current condition, the court would have exhibited miscarriage of justice.
In response, Lancelot Mutsokoti, representing the state, indicated that he would be ready to address the application on November 15.
He pointed out that a similar application had been filed at the High Court, with a ruling expected on November 25, suggesting that the outcome of that ruling could impact their case.
He proposed postponement until December 2 this year.
Presiding magistrate Feresi Chakanyuka adjourned the matter to November 22 for a ruling.
