News / National
Lawyer, prosecutor row disrupts Mubaiwa trial
13 Apr 2023 at 03:15hrs | Views
Harare Magistrate Feresi Chakanyuka was Tuesday forced to briefly adjourn court after failing to control heated exchanges between Beatrice Mtetwa, lawyer representing Marry Mubaiwa in her attempted murder trial, and prosecutor Ephraim Zinyandu.
Mtetwa was cross examining state witness Sergeant Andrew Mugari when Zinyandu objected to her line of questioning.
Mugari is the third witness in a case in which Mubaiwa is accused of attempting to finish off former husband and state Vice President Constantino Chiwenga who was battling for life in a South African hospital back in 2019.
Reading from Mugari's written statement, Mtetwa quizzed the police officer on what he knew of the alleged offence.
But Zinyandu took umbrage with what he felt was an attempt by the veteran lawyer to mislead the court through cherry-picking questions.
He touched a raw nerve as the fiery attorney dressed him down, remonstrating over his alleged attempt to school her on the law.
The two were soon locked in heated exchanges which the magistrate unsuccessfully tried to control.
She was forced to adjourn court with proceedings resuming later.
The magistrate warned Mtetwa to show maturity as a senior lawyer so that junior officers of the court could learn from her.
But Mtetwa adamantly said she was instead teaching the junior officers on how cross examination is carried out.
She insisted that prosecution should not bend the law for selfish gain.
"My duty as a senior lawyer is to teach them and not to bend the law to suit their agenda," Mtetwa retorted.
Meanwhile, during cross examination, Mugariri told court how he had washed Chiwenga's blood-stained t-shirt after Mubaiwa allegedly unplugged some life-saving devices from the VP's body.
He also told court of how aides were forced to keep an ailing former military commander in a hotel and not at the hospital as soon as they landed in South Africa.
Mugariri said it was (Deputy Minister of Health) John Mangwiro who said he was arranging Chiwenga's admission to hospital with one doctor Ceiling of South Africa.
He also said at the hospital, Chiwenga's urine samples were swapped with some samples drawn from an unknown person.
Mugariri further told court that Mubaiwa would visit the hospital and spend an hour or more with her then husband.
His testimony was however different from that of another state witness who said the former model would spend five to six hours at the hospital.
Mtetwa then asked him why he said he was the one who had washed Chiwenga's stained t-shirt when the first witness, Warren Sibanda said he was the one who washed it instead.
Mtetwa submitted that the contradiction proved that one of them was lying to the court.
Mugariri insisted he was the one who had washed it saying Sibanda could also have washed it again since they helped each other with Chiwenga's laundry.
Mtetwa then asked him if he knew washing the blood-soaked shirt would be destroying an exhibit since the issue was a security issue.
Mugariri said he was just taking instructions from Mubaiwa.
He also told court he does not know if Mubaiwa indeed attempted to kill the VP through removing the clinical tubes saying he was not inside the room at the time.
Trial continues on April 25.
Mtetwa was cross examining state witness Sergeant Andrew Mugari when Zinyandu objected to her line of questioning.
Mugari is the third witness in a case in which Mubaiwa is accused of attempting to finish off former husband and state Vice President Constantino Chiwenga who was battling for life in a South African hospital back in 2019.
Reading from Mugari's written statement, Mtetwa quizzed the police officer on what he knew of the alleged offence.
But Zinyandu took umbrage with what he felt was an attempt by the veteran lawyer to mislead the court through cherry-picking questions.
He touched a raw nerve as the fiery attorney dressed him down, remonstrating over his alleged attempt to school her on the law.
The two were soon locked in heated exchanges which the magistrate unsuccessfully tried to control.
She was forced to adjourn court with proceedings resuming later.
The magistrate warned Mtetwa to show maturity as a senior lawyer so that junior officers of the court could learn from her.
But Mtetwa adamantly said she was instead teaching the junior officers on how cross examination is carried out.
She insisted that prosecution should not bend the law for selfish gain.
"My duty as a senior lawyer is to teach them and not to bend the law to suit their agenda," Mtetwa retorted.
He also told court of how aides were forced to keep an ailing former military commander in a hotel and not at the hospital as soon as they landed in South Africa.
Mugariri said it was (Deputy Minister of Health) John Mangwiro who said he was arranging Chiwenga's admission to hospital with one doctor Ceiling of South Africa.
He also said at the hospital, Chiwenga's urine samples were swapped with some samples drawn from an unknown person.
Mugariri further told court that Mubaiwa would visit the hospital and spend an hour or more with her then husband.
His testimony was however different from that of another state witness who said the former model would spend five to six hours at the hospital.
Mtetwa then asked him why he said he was the one who had washed Chiwenga's stained t-shirt when the first witness, Warren Sibanda said he was the one who washed it instead.
Mtetwa submitted that the contradiction proved that one of them was lying to the court.
Mugariri insisted he was the one who had washed it saying Sibanda could also have washed it again since they helped each other with Chiwenga's laundry.
Mtetwa then asked him if he knew washing the blood-soaked shirt would be destroying an exhibit since the issue was a security issue.
Mugariri said he was just taking instructions from Mubaiwa.
He also told court he does not know if Mubaiwa indeed attempted to kill the VP through removing the clinical tubes saying he was not inside the room at the time.
Trial continues on April 25.
Source - Zimlive
