Mubaiwa,
who
suffers
from
lymphodema,
argued
that
her
trial
had
been
delayed
and
that
her
health
now
prevented
her
from
giving
instructions
to
her
lawyer.
However,
the
magistrate
ruled
that
Mubaiwa
was
to
blame
for
the
delays.
According
to NewZimbabwe.com,
Mubaiwa’s
lawyer,
Beatrice
Mtetwa,
protested
the
decision,
calling
it
unfair
and
claiming
the
magistrate
misunderstood
the
basis
of
the
application.
Said
Mtetwa:
She
(the
magistrate)
said
Marry
is
responsible
for
the
delay
because
she
is
the
one
who
was
sick
and
was
being
remanded
in
hospital.It
is
logic
that
I
simply
cannot
understand…it’s
admitted
that
she
was
sick,
it’s
admitted
in
her
ruling
that
she
was
in
hospital
so
how
it
can
be
said…
to
blame
her
for
the
delay
beats
me.
Mubaiwa,
who
has
been
battling
a
cancerous
ailment
for
over
four
years
and
lost
two
limbs,
is
on
trial
for
attempting
to
kill
Chiwenga,
while
he
was
hospitalised
in
South
Africa
in
2019.
She
also
faces
money
laundering
charges.
Due
to
her
poor
health,
her
lawyer
requested
that
her
prosecution
be
stayed,
as
she
is
unable
to
give
instructions.
A
similar
request
was
made
at
the
High
Court.
Said
Mtetwa:
Applicant
cannot
fully
enjoy
the
right
to
a
fair
hearing
which
I
am
advised
includes
the
right
to
be
physically
and
mentally
capable
of
following
the
full
proceedings,
the
capacity
to
give
instructions
to
one’s
legal
representative
throughout
the
proceedings
and
if
put
on
her
defence,
the
right
to
cogently
testify
on
the
issues
raised
in
evidence
and
to
generally
give
her
version
of
events.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
argued
that
it
would
be
in
the
interest
of
justice
to
give
her
client
a
break,
as
the
court
has
the
power
to
stop
unfinished
proceedings
in
exceptional
cases
where
continuing
the
trial
would
lead
to
an
unfair
outcome
that
cannot
be
corrected
in
any
other
way.