News / National
Chiwenga's ex-wife request for stay of prosecution to be heard Friday
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High Court judge Justice Pisirayi Kwenda is expected to receive an update this Friday regarding investigations by the State in a case where former Vice President Constantino Chiwenga's ex-wife, Marry Mubaiwa, is seeking a permanent stay of her trial.
Mubaiwa, who has been seeking a permanent stay of prosecution due to her deteriorating health, had her case management session postponed on Wednesday due to the State's failure to upload agreed documentation.
"The judge said there were necessary investigations to be done before he can decide whether or not our application for a permanent stay should succeed or not.
"We had agreed on the issues, and we sent them to the prosecution department on December 12. Unfortunately, they did not upload or scan and send them to the judge as agreed," said Mubaiwa's lawyer, Beatrice Mtetwa.
The case management was rescheduled to Friday to update the judge on the progress of the investigations.
Mubaiwa, who has suffered from severe health issues for over five years, has lost two limbs due to lymphodema, severely impacting her ability to stand trial or provide instructions to her legal team.
"She has been in and out of hospital and will sometimes be sedated with medication," Mtetwa said.
Mtetwa argued that Mubaiwa's health condition impairs her right to a fair trial, including her capacity to follow proceedings and communicate effectively with her legal representatives.
"She cannot fully exercise all of those rights due to her health challenges. Specifically, with the money laundering case, she was unable to provide detailed instructions due to her deteriorating health when the State papers were supplied," Mtetwa explained.
Despite these arguments, her request for a stay of trial was previously dismissed by magistrate Feresi Chakanyuka. Mubaiwa is facing charges, including an alleged attempt to kill Chiwenga during his hospitalization in South Africa, and charges of money laundering. Her health challenges have significantly prolonged her legal proceedings.
Mubaiwa, who has been seeking a permanent stay of prosecution due to her deteriorating health, had her case management session postponed on Wednesday due to the State's failure to upload agreed documentation.
"The judge said there were necessary investigations to be done before he can decide whether or not our application for a permanent stay should succeed or not.
"We had agreed on the issues, and we sent them to the prosecution department on December 12. Unfortunately, they did not upload or scan and send them to the judge as agreed," said Mubaiwa's lawyer, Beatrice Mtetwa.
The case management was rescheduled to Friday to update the judge on the progress of the investigations.
"She has been in and out of hospital and will sometimes be sedated with medication," Mtetwa said.
Mtetwa argued that Mubaiwa's health condition impairs her right to a fair trial, including her capacity to follow proceedings and communicate effectively with her legal representatives.
"She cannot fully exercise all of those rights due to her health challenges. Specifically, with the money laundering case, she was unable to provide detailed instructions due to her deteriorating health when the State papers were supplied," Mtetwa explained.
Despite these arguments, her request for a stay of trial was previously dismissed by magistrate Feresi Chakanyuka. Mubaiwa is facing charges, including an alleged attempt to kill Chiwenga during his hospitalization in South Africa, and charges of money laundering. Her health challenges have significantly prolonged her legal proceedings.
Source - newzimbabwe
