Mubaiwa files for discharge in assault case, says ‘state has no evidence’
Vice president Constantino Chiwenga’s ex-wife Marry Mubaiwa applied for discharge accusing the prosecution of lacking evidence in the case she is being charged with assault.
Mubaiwa’s lawyer, Beatrice Mtetwa told magistrate Learnmore Mapiye that the state had failed to make a case against the 40-year-old ex-model who is accused of assaulting her former child minder, Delight Munyoro, back in December 2019.
“No reasonable court would convict my client on the basis of the information provided by the state,” Mtetwa said.
“No evidence of the assault was put forward,” Mtetwa said, as she asked the magistrate to end Mtetwa’s prosecution without putting her to her defence.
The magistrate advised Mtetwa to file written arguments by July 11, and the National Prosecuting Authority to respond by July 22.
He said he would give his ruling on July 27.
Mubaiwa is also on trial for Chiwenga’s attempted murder and money laundering. She protests her innocence, accusing the former army general of mounting the charges in order to gain custody of their children.
She avoided jail in April when she was handed a wholly-suspended 12-month sentence after being convicted on charges that she fraudulently sought to upgrade her marriage to Chiwenga while he was battling illness.
Magistrate Lazini Ncube ordered the 40-year-old former model to pay a fine of Z$60,000 within six months.
Her defence lawyers said the trial was a sham.