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Nyore Madzianike
Senior Court Reporter
Former model, Marry Mubaiwa, is expected to undergo another operation in the next few days as she continues to battle ill-health, a court heard yesterday.
Mubaiwa is facing assault charges after she allegedly hit her children’s domestic worker.
Her lawyer Ms Beatrice Mtetwa yesterday told the court that she was admitted to a Harare hospital and went through an operation recently.
Ms Mtetwa said this while applying for deferment of Mubaiwa’s matter for two months because of her ill-health, which she believes would have improved within that period.
The application was made before regional magistrate Mr Noel Mupeiwa.
“She is unable to comprehend the trial as she is coming from the hospital where she was admitted,” said Ms Mtetwa. “She went for an operation on both legs and she will be going back to hospital for another operation on the left limb.
“We apply for a period of two months when we are anticipating that she will get better.”
Ms Mtetwa told the court that they failed to get Mubaiwa’s medical affidavit because doctors were reluctant to give them.
She then requested the court to make an order for medical doctors to afford them medical affidavits.
The State led by Mrs Netsai Mushayabasa opposed the application, saying the State was ready to commence trial.
Mrs Mushayabasa told the court that the matter had been postponed for a number of times without the trial kicking off.
She said Mubaiwa had failed to furnish the court with documents that proved she could not comprehend trial proceedings because of ill-health.
Mr Mupeiwa allowed the matter to be postponed by a month as it was not in the interests of justice to prosecute Mubaiw, when she is not feeling well.
“It is clear that she is not well,” he said. “It is against the interest of justice to force her to go for trial when it is clear that she is not well.”
Mr Mupeiwa then remanded the matter to October 6.
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