Marry Mubaiwa trial date set Marry Mubaiwa

Nyore Madzianike Senior Court Reporter

THE trial of Marry Mubaiwa on allegations of attempting to kill Vice President Chiwenga during the time he was hospitalised in South Africa has been set for end of this month.

Harare regional magistrate Mr Stanford Mambanje set July 29 as the date for opening the trial.

The State led by Mr Lancelot Mutsokoti applied that another matter where Mubaiwa is charged with money laundering be postponed to August 3 pending finalisation of investigations into the matter.

Mubaiwa, through lawyer Ms Beatrice Mtetwa, opposed the State’s application and demanded that she be removed from remand, arguing that it has been over two years since she was first remanded on that charge.

She also told the court that her properties in South Africa were on the verge of being forfeited to the South African State over the same allegations and there was no need to keep her on remand.

“The matter came on December 6, 2019 and Mr Reza submitted that they have a strong case against her. He already had substantial evidence. Two years later, the State says it is being considered elsewhere. Mr Reza through the investigating officer indicated that they needed up to December 27, 2019 to finalise investigations.

“That form 242 states that witnesses were available, exhibits were available. We therefore submit that if there is no trial date two and half years later, the accused must be removed from remand,” Ms Mtetwa said. She said by continuing reporting to the police as part of her bail conditions, Mubaiwa was straining her health.

“She is sometimes taken by ambulance when in hospital. It is not in dispute that she is of poor health and all her attendance are prejudicial to her.

“Her passport has been held as a result she cannot exercise the privilege that her ex-husband enjoys because she is on remand,.

She said Mubaiwa’s properties were on the verge of being forfeited to the State in South Africa. “The allegations are against the company which ought to be the accused. The company is still in Zimbabwe.

“Keeping her on remand in her state of health constitute an act of punishment and our remand procedure is not meant to punish the accused who still enjoys right of innocence. It is only fair that you remove her from remand,” Ms Mtetwa said.

A ruling is expected on Monday.

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