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Senior Court Reporter
Harare regional magistrate Mrs Feresi Chakanyuka yesterday postponed the start of Marry Mubaiwa’s trial on charges of attempting to kill Vice President Constantino Chiwenga when he was hospitalised in South Africa to today to allow her to bring proof of her alleged illness to court.
This was after her lawyer Ms Beatrice Mtetwa told the court that she was unfit to stand trial, although there were no reports from medical practitioners to back that assertion.
She told the court that Mubaiwa fell asleep as she was making her submissions, a clear sign that she was ill.
Ms Mtetwa then applied for postponement of the matter to allow Mubaiwa to heal.
The State led by Mr Lancelot Mutsokoti opposed the application unless the assertions of ill health were backed by medical reports and told the court that Ms Mtetwa’s averments should be dismissed.
“There is no record from medical practitioners and without proof we cannot prove that any person is unwell,” he said. “The court is being asked to believe that she allegedly vomited in the dock and she is not able to follow trial, yet there is no proof that she is unwell.
“There is no basis upon which this application can be granted. That comment that doctors are afraid to give her a medical report should be dismissed with the contempt it deserves.”
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