Ailing Marry Chiwenga declared fit for trial by ‘mistrusted’ state doctors
Harare magistrate Lazini Ncube has granted a state application for the trial of Vice-President Constantino Chiwenga’s estranged wife Marry Mubaiwa to go ahead based on advice of two doctors who did not reveal their qualifications when they examined her mental fitness.
Magistrate Ncube ruled Mubaiwa’s trial will kick off on December 6 after two medical doctors, Moses Madau and Itai Macheka, who examined her and indicated that she was mentally fit to withstand the court processes.
Mubaiwa was recently sent to prison for a ten day mental examination before she appealed the decision and was released on the eighth day by the High Court.
After receiving medical results showing Mubaiwa was fit for trial, the state led by Tafara Chirambira applied for a postponement of the matter to December 6.
But Mubaiwa’s lawyer Beatrice Mtetwa opposed the two reports indicating that the two doctors did not disclose their qualifications of specialty.
“On the first medical report from Dr Madau, we are not told of his qualifications to examine the accused’s state of mind,” she said.
“We don’t know the qualifications of Dr Macheka other than the basic medical degree. We are not told of any other special qualifications to examine the accused’s state of mind.”
“Your Worship, what you have are reports done under the wrong Act as stated by the High Court.
“We would like the doctors to come and testify on these reports. It boggles the mind why any proper justice system wants to try someone who is not well.”
Magistrate Ncube ruled: “The court is guided by the findings of the two doctors. Therefore, the matter is postponed to December 6 for trial commencement.”
Mubaiwa and Chiwenga are going through a messy divorce while being embroiled in several bitter legal battles which are yet to be settled.
She is also facing, charges of attempting to murder her husband, fraud, and money laundering.
Mubaiwa is also suffering severe lymphoedema and spontaneous formation of abscesses whose origins have not been determined.
She recently told the court that she may end up having one of her arms amputated after failing to get the treatment she needs outside the country because her passport was grabbed by the court as part of her bail conditions. Nehanda Radio