The trial of Vice President Constantino Chiwenga’s ex-wife, Marry Mubaiwa on an attempted murder charge, failed to start on Thursday after she fell sick and vomited in the dock.
Mubaiwa’s lawyer, Beatrice Mtetwa then asked for the postponement of the matter to 13 March.
However, prosecutor Lancelot Mutsokoti insisted on going to trial saying he had to call off his official leave to prosecute the matter.
Mtetwa told Harare magistrate Florence Chakanyuka that Mubaiwa was not fit to stand trial, but had no medical affidavit to support her argument. She said, as quoted by NewsDay:
She is not fit to stand trial. You said a medical report is required, but she does not have the medical report because the doctors are afraid of VP Chiwenga, who happens to be the Health minister.
Look, she is sleeping in the dock. You can have a physical inspection of the dock and if you’re quite happy to see her as being fit, then we can proceed to trial. This is not our creation.
We have a judgment concerning that a fair trial includes accused persons being in a state of mind that allows him or her to concentrate.
Ironically, the case law involved the same accused where your brother magistrate Ngoni Nduna insisted she goes through a trial when she is unwell, and this is a breach of the right to a fair trial.
She cannot follow the proceedings. With due respect, it is a clear breach of the Constitution which requires that there be equality for the law as section 56 of the Constitution states.
The matter was remanded to this Friday for trial.