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Chiwenga ex-wife's permanent stay of prosecution application dismissed
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Harare Regional Magistrate Ms. Feresi Chakanyuka has dismissed Marry Mubaiwa's application for a permanent stay of prosecution, attributing trial delays to the defense and ruling that the matter must proceed to finalization.
Mubaiwa, who is accused of attempting to murder her then-husband, Vice President Constantino Chiwenga, by disconnecting his life support system while he was hospitalized in South Africa, had argued that the prolonged trial was unjust.
In her application, filed through her lawyer Ms. Beatrice Mtetwa, Mubaiwa cited her deteriorating health as a factor, claiming that continuing the trial would not serve the interests of justice.
"The applicant's health has materially deteriorated to an extent that it would not be in the interests of justice to persist with the criminal prosecution," Ms. Mtetwa argued.
However, Ms. Chakanyuka ruled that the delays were largely due to repeated defense applications for postponements, which had prejudiced the complainant's right to a timely resolution.
"The permanent stay of prosecution is not the remedy to deal with the case. Rather, investigations shall be conducted for us to understand the reason for delay," Ms. Chakanyuka said.
The prosecution has sought further postponements to review the application and prepare for trial continuation.
Testimony Highlights
In earlier court sessions, former Deputy Minister of Health and Child Care, Dr. John Mangwiro, testified that Vice President Chiwenga's condition worsened whenever Mubaiwa was present during his hospitalization.
"Whenever the accused walked into the room in which the complainant was admitted, he would become unconscious, even though he was awake before her arrival," Dr. Mangwiro stated during cross-examination.
He also alleged that Mubaiwa often disrupted hospital arrangements, including refusing to transport Chiwenga to a medical facility in one instance, opting instead for a hotel.
"The accused instructed those transporting the complainant to take him to a hotel instead of the hospital, claiming he needed rest. I told her it was dangerous to do so," Dr. Mangwiro testified.
Case Background
The case has drawn significant public attention due to the high-profile nature of the individuals involved. The court is expected to investigate the causes of trial delays while preparing for the next phase of the proceedings.
Ms. Chakanyuka emphasized the importance of addressing procedural inefficiencies to ensure justice for all parties involved.
Mubaiwa, who is accused of attempting to murder her then-husband, Vice President Constantino Chiwenga, by disconnecting his life support system while he was hospitalized in South Africa, had argued that the prolonged trial was unjust.
In her application, filed through her lawyer Ms. Beatrice Mtetwa, Mubaiwa cited her deteriorating health as a factor, claiming that continuing the trial would not serve the interests of justice.
"The applicant's health has materially deteriorated to an extent that it would not be in the interests of justice to persist with the criminal prosecution," Ms. Mtetwa argued.
However, Ms. Chakanyuka ruled that the delays were largely due to repeated defense applications for postponements, which had prejudiced the complainant's right to a timely resolution.
"The permanent stay of prosecution is not the remedy to deal with the case. Rather, investigations shall be conducted for us to understand the reason for delay," Ms. Chakanyuka said.
The prosecution has sought further postponements to review the application and prepare for trial continuation.
Beatrice Mtetwa fumes! pic.twitter.com/UUixhKJfpr
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Testimony Highlights
In earlier court sessions, former Deputy Minister of Health and Child Care, Dr. John Mangwiro, testified that Vice President Chiwenga's condition worsened whenever Mubaiwa was present during his hospitalization.
"Whenever the accused walked into the room in which the complainant was admitted, he would become unconscious, even though he was awake before her arrival," Dr. Mangwiro stated during cross-examination.
He also alleged that Mubaiwa often disrupted hospital arrangements, including refusing to transport Chiwenga to a medical facility in one instance, opting instead for a hotel.
"The accused instructed those transporting the complainant to take him to a hotel instead of the hospital, claiming he needed rest. I told her it was dangerous to do so," Dr. Mangwiro testified.
Case Background
The case has drawn significant public attention due to the high-profile nature of the individuals involved. The court is expected to investigate the causes of trial delays while preparing for the next phase of the proceedings.
Ms. Chakanyuka emphasized the importance of addressing procedural inefficiencies to ensure justice for all parties involved.
Source - byo24news
