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Prosper Dembedza
Herald Correspondent
Harare Regional magistrate Ms Feresi Chakanyuka has dismissed an application for permanent stay of prosecution by Marry Mubaiwa after blaming her for causing several postponements of her trial.
Ms Chakanyuka said the postponements were prejudicial to the complainant who wants the matter to be finalised.
“The permanent stay of prosecution is not the remedy to deal with the case. Rather, investigations shall be conducted for us to understand the reason for delay,” Ms Chakanyuka said.
She said the delay in the case was mainly on the part of the defense since they applied for several postponements.
Mubaiwa is facing charges of attempting to kill Vice President Chiwenga by unplugging his life support system while he was in a South African hospital.
In her application, Mubaiwa through her lawyer Ms Beatrice Mtetwa, said there had been an unreasonable delay in the completion of the criminal proceedings.
“The applicant’s health has materially deteriorated to an extent that it would not be in the interests of justice to persist with the criminal prosecution,” reads the application.
The State sought a postponement of the matter to go through the application filed by the defense.
During previous sittings, Former Health and Child Care Deputy Minister Dr John Mangwiro who was a witness told the court that whenever Mubaiwa walked into the room in which Vice President Constantino Chiwenga was admitted, he would become unconscious, even though he would have been awake before her arrival.
Dr Mangwiro said this while being cross-examined by Ms Mtetwa.
He said the complainant’s health condition would deteriorate each time he was brought back to his house.
“Each time we took the complainant out of the country for medication, he would come back home well. But he would start deteriorating when he got to his home. I didn’t know what was happening,” he said.
Dr Mangwiro said Mubaiwa would kick everyone out of the hospital room.
He said at one point, she refused to take the complainant to the hospital and opted to take him to a hotel.
“The accused once instructed those who were taking the complainant to the hospital and opted for a hotel. I told her it was dangerous to do so and she said the complainant wanted to rest,” said Dr Mangwiro.
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