News / Local
Chiwenga's estranged wife fit to face trial
01 Dec 2021 at 05:36hrs | Views
The trial of Marry Mubaiwa will kick off on December 6 after two medical doctors who examined her indicated that she was mentally fit to follow court proceedings.
Mubaiwa recently underwent psychiatric evaluation during her committal to prison hospital.
Mubaiwa is facing numerous charges before the court, including attempting to kill Chiwenga, money laundering and assaulting her children's minder.
The State led by Mr Tafara Chirambira applied for a postponement of the matter to December 6 saying trial should kick off that very day as two reports from Doctor Moses Mudau and Doctor Itai Macheka unanimously found Mubaiwa fit.
However Mubaiwa's lawyer Mrs Beatrice Mtetwa opposed the two reports, indicating that the two doctors did not disclose their qualifications of specialty.
"On the first medical report from Dr Madau, we are not told the qualifications of his qualifications to examine the accused's state of mind."
She went on to state that the two doctors indicated that the accused knew the time and date, but does that show one's mental fitness to stand trial.
"We don't know the qualifications of Dr Macheka other than the basic medical degree. We are not told of any other special qualifications to examine the accused's state of mind," said Mrs Mtetwa.
She said the court could not rely on an inapplicable report based on an inapplicable section.
"Your worship what you have are reports done under the wrong act as stated by the High Court.
"We would like the doctors to come and testify on these reports.
"It boggles the mind why any proper justice system wants to try someone who is not well. What sort of justice is this? The court must look at what is in the interest of justice. Politics must be taken out of this matter," said Mrs Mtetwa.
"Who the complainant is has nothing to do with this matter."
She went on to state that her client was unwell because the court has been denying her rights to seek medical attention and that there was no basis to put her to trial when she was unwell.
In his ruling, Harare magistrate Mr Lazini Ncube said Doctor Fungisai Mazhandu indicated that Mubaiwa was not mentally fit to stand trial and two others are saying the opposite.
"The court is guided by the findings of the two doctors. Therefore the matter is postponed to December 6 for trial commencement," he said.
Mubaiwa recently underwent psychiatric evaluation during her committal to prison hospital.
Mubaiwa is facing numerous charges before the court, including attempting to kill Chiwenga, money laundering and assaulting her children's minder.
The State led by Mr Tafara Chirambira applied for a postponement of the matter to December 6 saying trial should kick off that very day as two reports from Doctor Moses Mudau and Doctor Itai Macheka unanimously found Mubaiwa fit.
However Mubaiwa's lawyer Mrs Beatrice Mtetwa opposed the two reports, indicating that the two doctors did not disclose their qualifications of specialty.
"On the first medical report from Dr Madau, we are not told the qualifications of his qualifications to examine the accused's state of mind."
She went on to state that the two doctors indicated that the accused knew the time and date, but does that show one's mental fitness to stand trial.
"We don't know the qualifications of Dr Macheka other than the basic medical degree. We are not told of any other special qualifications to examine the accused's state of mind," said Mrs Mtetwa.
"Your worship what you have are reports done under the wrong act as stated by the High Court.
"We would like the doctors to come and testify on these reports.
"It boggles the mind why any proper justice system wants to try someone who is not well. What sort of justice is this? The court must look at what is in the interest of justice. Politics must be taken out of this matter," said Mrs Mtetwa.
"Who the complainant is has nothing to do with this matter."
She went on to state that her client was unwell because the court has been denying her rights to seek medical attention and that there was no basis to put her to trial when she was unwell.
In his ruling, Harare magistrate Mr Lazini Ncube said Doctor Fungisai Mazhandu indicated that Mubaiwa was not mentally fit to stand trial and two others are saying the opposite.
"The court is guided by the findings of the two doctors. Therefore the matter is postponed to December 6 for trial commencement," he said.
Source - The Herald
