Zim Now Writer
The trial of Vice President Constantino Chiwenga’s estranged wife Marry Mubaiwa, who is being charged with trying to kill the VP, failed to start yesterday after the former model fell sick and vomited in the dock.
This led to her lawyer, Beatrice Mtetwa, asking for postponement of the matter to March 13.
Prosecutor Lancelot Mutsokoti insisted on going ahead with the trial, arguing that he had to call off his official leave to prosecute the matter.
Mtetwa said Mubaiwa was not fit to stand trial.
“She is not fit to stand trial. You said a medical report is required, but she does not have the medical report because the doctors are afraid of VP Chiwenga, who happens to be the Health minister. Look, she is sleeping in the dock. You can have physical inspection of the dock and if you’re quite happy to see her as being fit, then we can proceed to trial. This is not our creation,” Mtetwa said.
“We have a judgment concerning that a fair trial includes accused persons being in a state of mind that allows him or her to concentrate. Ironically, the case law involved the same accused where your brother magistrate Ngoni Nduna insisted she goes through a trial when she is unwell, and this is a breach to the right to a fair trial.
“She cannot follow the proceedings. With due respect it is a clear breach of the Constitution which requires that there be equality for the law as section 56 of the Constitution states,” Mtetwa told Harare magistrate Florence Chakanyuka.
The matter was remanded to today for trial.
The State had brought three Chiwenga aides as witnesses.
Mubaiwa is accused of trying to kill Chiwenga at a private hospital in South Africa, where he had been admitted in a critical condition.
Mubaiwa had her application challenging jurisdiction dismissed by the magistrate.
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