Marry Mubaiwa, the former wife of Zimbabwe’s Vice President Constantino Chiwenga, has pleaded with the courts to drop her trial due to her severe health issues and the prosecution’s failure to bring her to trial within a reasonable timeframe.
According to Zimlive, Mubaiwa has been battling chronic health problems since 2019, when Chiwenga accused her of attempting to k!ll him by removing his IV drip while he was hospitalized in South Africa.
As a result of her health struggles, Mubaiwa has undergone the amputation of her right arm and left leg. Despite her condition, she has continued to face charges of attempted murder, fraud, and money laundering, which she denies.
Her lawyer, Beatrice Mtetwa, argues that proceeding with the trial would be unjust due to Mubaiwa’s inability to participate fully because of her medication and poor health.
Mtetwa emphasised that Mubaiwa’s right to a fair hearing is compromised since she cannot provide proper instructions to her legal team or follow court proceedings 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.
The case has sparked concerns about the state’s pursuit of Mubaiwa despite her dire health situation.
She has pleaded with the courts to drop her trial due to her severe health issues and the prosecution’s failure to bring her to trial within a reasonable timeframe.
Her lawyer, Beatrice Mtetwa, argues that Mubaiwa’s poor health, including the loss of a limb and ongoing rehabilitation, renders her unable to effectively respond to the charges.
Mubaiwa was already heavily medicated and struggling with significant health challenges when the state provided documents related to her money laundering case in November 2023.
Despite her condition, she has consistently sought a speedy trial, especially after the state promised to conclude investigations by January 2020.
Mtetwa emphasises that putting Mubaiwa on trial in her current state would be a miscarriage of justice.
In response, the state’s representative, Lancelot Mutsokoti, proposed postponing the trial until December 2, citing a similar application filed at the High Court with a ruling expected on November 25.
