HARARE
–
Unwell
Marry
Mubaiwa
has
pleaded
with
the
courts
to
abandon
her
trial
citing
her
chronical
health
troubles
and
failure
by
prosecutors
to
try
her
within
a
reasonable
period.
Mubaiwa
has
been
in
and
out
of
the
courts
since
2019
when
her
then
husband
and
current
state
Vice
President
Constantino
Chiwenga
made
sensational
claims
she
attempted
to
finish
him
off
by
pulling
an
intravenous
drip
out
of
his
arm
as
he
lay
battling
for
life
in
a
South
African
hospital
in
Pretoria
where
he
had
been
detained
over
a
serious
ailment.
At
her
ex-husband’s
behest,
she
was
also
accused
of
fraud
and
money
laundering.
She
denies
all
the
charges.
But
what
should
have
been
a
famous
story
involving
alleged
attempted
murder
on
a
potential
state
president
and
corruption
has
been
dwarfed
by
her
chronic
ailment
with
spotlight
turned
sharply
on
the
state’s
apparent
determination
to
hound
her
to
the
depths
her
health
troubles.
Mubaiwa’s
change
of
fortune
coupled
with
a
messy
separation
from
the
former
military
commander
appeared
to
have
compounded
her
health
situation
which
has
seen
her
right
arm
and
left
leg
amputated
due
to
her
deteriorating
health.
Despite
her
apparent
health
woes,
there
seem
to
have
been
no
desire
by
the
state
to
abandon
pursuit
of
her
alleged
crimes
even
when
she
has
sometimes
been
wheeled
to
court
by
hospital
staff
on
a
stretcher.
The
one-time
queen
of
the
ramp
has
since
approached
her
trial
court
seeking
stay
of
prosecution
while
citing
her
health
troubles.
On
Tuesday,
Mubaiwa
appeared
in
court
on
a
wheelchair.
Through
her
lawyer,
Beatrice
Mtetwa,
Mubaiwa
filed
written
arguments
emphasising
that
proceeding
with
trial
would
not
serve
the
interests
of
justice,
particularly
given
the
frequent
delays
caused
by
her
ongoing
health
issues.
Mtetwa
highlighted
that
Mubaiwa
is
currently
unable
to
provide
her
legal
team
with
proper
instructions
due
to
the
medication
she
is
on
and
her
poor
health
condition,.
This,
she
said,
was
making
it
difficult
for
her
client
to
follow
court
proceedings.
According
to
Mtetwa,
the
right
to
a
fair
hearing
requires
that
an
accused
individual
be
both
physically
and
mentally
capable
of
participating
fully
in
the
legal
process,
including
the
ability
to
testify
coherently.
“I
am
able
to
say
that
the
applicant
is
currently
unable
to
fully
exercise
all
of
those
rights
due
to
all
the
issues
I
have
raised
above.
“In
particular,
I
point
out
that
with
regards
the
money
laundering
case,
the
State
papers
were
provided
to
the
defence
when
the
applicant
was
already
on
heavy
medication,
had
already
lost
a
limb
and
was
trying
to
avert
the
loss
of
her
leg.
“Consequently,
she
has
been
unable
to
give
instructions
on
the
documents
supplied
by
the
State
in
November,
2023
with
the
result
that
her
legal
team
only
has
general
instructions
from
the
period
of
her
arrest
when
no
document
had
been
provided
save
for
the
general
allegations
given
on
remand,”
Mtetwa
presented
in
court.
Mubaiwa
also
contended
that
her
inability
to
respond
effectively
to
the
charges
stems
from
her
deteriorating
health
situation,
which
includes
the
loss
of
a
limb
and
ongoing
rehabilitation
efforts.
She
pointed
out
that
when
the
state
provided
documents
related
to
her
money
laundering
case
in
November
2023,
she
was
already
heavily
medicated
and
struggling
with
significant
health
challenges.
Mtetwa
said
Mubaiwa
has
consistently
sought
a
speedy
trial,
particularly
after
promises
from
the
state
that
investigations
into
her
cases
would
conclude
by
January
2020.
The
lawyer
said
if
she
is
put
in
the
dock
under
her
current
condition,
the
court
would
have
exhibited
miscarriage
of
justice.
In
response,
Lancelot
Mutsokoti,
representing
the
state,
indicated
that
he
would
be
ready
to
address
the
application
on
November
15.
He
pointed
out
that
a
similar
application
had
been
filed
at
the
High
Court,
with
a
ruling
expected
on
November
25,
suggesting
that
the
outcome
of
that
ruling
could
impact
their
case.
He
proposed
postponement
until
December
2
this
year.
Presiding
magistrate
Feresi
Chakanyuka
adjourned
the
matter
to
November
22
for
a
ruling.
Kathryn
