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Nyore Madzianike

Senior Court Reporter

The trial of Marry Mubaiwa, estranged wife of Vice President Constantano Chiwenga, on assault charges yesterday failed to start after she said that she was very ill and under heavy medication and could not comprehend court proceedings.

Her doctor who was set to testify in court on her health condition, failed to attend her hearing and said he was not sure when he will be available to give the testimony.

Mubaiwa, through her lawyer Ms Beatrice Mtetwa, wanted the doctor to testify on her health condition so the court could appreciate that she was not able to comprehend court proceedings during trial. She faces trial on a charge of assaulting a family child minder, Delight Munyoro, outside Hellenic School in 2019.

She applied to have her doctor called to give evidence on her health condition after the State opposed her application for postponement of the trial on medical grounds.

Through Ms Mtetwa, Mubaiwa told the court that she was not ready to stand trial yesterday because of ill-health.

Mubaiwa said that she was taking heavy medication and was not mentally fit to comprehend court proceedings. The State led by Mr Charles Muchemwa and Mrs Netsai Mushayabasa opposed to the application for postponement.

They indicated that witnesses have been attending court for a long time and there was no proof to show that Mubaiwa could not comprehend court proceedings.

“I had a short conversation with the doctor who was supposed to come to court and he indicated that he will not be able to attend today (yesterday),” said Ms Mtetwa.

Harare regional magistrate Mrs Marehwanazvo Gofa allowed for the postponement of the matter after noting that it was not in dispute that Mubaiwa was not feeling well.

Mrs Gofa then postponed the matter to May 10 for trial.