News / National
Chiwenga''s ex-wife seeks permanent stay of prosecution
11 Nov 2024 at 15:36hrs | Views
Vice-President Constantino Chiwenga's ex-wife, Mary Mubaiwa, has filed an application for a permanent stay of prosecution in her attempted murder case, where she is accused of attempting to kill the Vice-President by unplugging his life support system while he was hospitalized in South Africa.
Mubaiwa's lawyer, Mrs. Beatrice Mtetwa, filed the application, arguing that there has been an unreasonable delay in the completion of the criminal proceedings, and that continuing with the trial would not be in the interests of justice.
The application, which was filed under Case No. ACC 95/19, requests that the court issue a permanent stay of prosecution, effectively halting the trial. A permanent stay of prosecution is an exceptional measure, typically granted only under specific circumstances, such as delays or health issues.
In her application, Mrs. Mtetwa stated that Mubaiwa's health has significantly deteriorated, further complicating the situation. "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," the application reads.
The case has been delayed multiple times, and at the latest court sitting, the State requested a postponement to review the application for the permanent stay of prosecution. Magistrate Mrs. Feresi Chakanyuka has deferred the matter to November 22 for a ruling on the application.
In previous hearings, Dr. John Mangwiro, former Deputy Minister of Health, testified about the state of Chiwenga's health during his hospitalization. Dr. Mangwiro revealed that Chiwenga's health would inexplicably worsen when Mubaiwa was present, even though he was reportedly conscious before her arrival. He also recounted incidents where Mubaiwa refused to take Chiwenga to the hospital and insisted on alternatives, such as taking him to a hotel, despite warnings about the risks involved.
The application and the ongoing case have attracted significant attention, as both sides await the court's decision on whether the prosecution will proceed or be permanently stayed.
Mubaiwa's lawyer, Mrs. Beatrice Mtetwa, filed the application, arguing that there has been an unreasonable delay in the completion of the criminal proceedings, and that continuing with the trial would not be in the interests of justice.
The application, which was filed under Case No. ACC 95/19, requests that the court issue a permanent stay of prosecution, effectively halting the trial. A permanent stay of prosecution is an exceptional measure, typically granted only under specific circumstances, such as delays or health issues.
In her application, Mrs. Mtetwa stated that Mubaiwa's health has significantly deteriorated, further complicating the situation. "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," the application reads.
The case has been delayed multiple times, and at the latest court sitting, the State requested a postponement to review the application for the permanent stay of prosecution. Magistrate Mrs. Feresi Chakanyuka has deferred the matter to November 22 for a ruling on the application.
In previous hearings, Dr. John Mangwiro, former Deputy Minister of Health, testified about the state of Chiwenga's health during his hospitalization. Dr. Mangwiro revealed that Chiwenga's health would inexplicably worsen when Mubaiwa was present, even though he was reportedly conscious before her arrival. He also recounted incidents where Mubaiwa refused to take Chiwenga to the hospital and insisted on alternatives, such as taking him to a hotel, despite warnings about the risks involved.
The application and the ongoing case have attracted significant attention, as both sides await the court's decision on whether the prosecution will proceed or be permanently stayed.
Source - The Herald
