Mubaiwa too sick to stand trial: Lawyers

Daniel Nemukuyu Investigations and Special Reports Editor

MARRY Mubaiwa, the estranged wife of Vice President Constantino Chiwenga, who is in remand prison for attempted murder, fraud, money laundering and externalisation of foreign currency, now claims to be too sick to stand trial.

Her lawyers Mtetwa & Nyambirai Legal Practitioners said their client should be in a medical institution.

This came out in Mubaiwa’s bail appeal papers filed at the High Court against dismissal of bail in respect of fraud, externalisation of foreign currency and money laundering.

She also raised her health challenges in a separate bail application in respect of the attempted murder charge.

In her bail papers, Mubaiwa claims she had a serious medical condition arising from an assassination attempt.

To that end, the lawyers said she was not fit to stand trial and that she should be freed on bail and get medical attention.

“Applicant is of visibly poor health, being visibly traumatised and having lost a considerable amount of weight.

“A doctor attended to her and deposed an affidavit. The applicant asserts she was injured in Bulawayo on June 23, 2018 by a hand-held grenade thrown with the intention of assassinating the President.

“The photographs of her hands will be exhibited to the court at the hearing of this matter. She thus needs constant medical care,” reads the bail statement.

An affidavit by Dr Admire Jira was attached to the application stating Mubaiwa was not fit for trial neither could she stand prison conditions.

Part of the affidavit reads: “Marry Mubaiwa-Chiwenga has swelling on both her upper and lower limbs.

“She has a fever and has difficulties in breathing. She has a wound on her left forearm tender measuring 10cm in length and 5cm in width.

“She has a wound on the right forearm measuring 8cm by 5cm.

“Marry Mubaiwa complained of having flashbacks, lack of sleep and losing weight.”

As a result of the observations, Dr Jira concluded that she is not fit for incarceration or trial.

“Marry Mubaiwa is not capable to stand trial due to her current physical condition.

“She should be in hospital on treatment, preferably Avenues Clinic.

“Marry Mubaiwa should be under the care of a physician, surgeon and psychiatrist of her choice,” writes Dr Jira.

Mubaiwa’s lawyers further stated in the application that their client had young children who still need her love, nurturing and care.

They added that the charges levelled against Mubaiwa were baseless and she had no reason to take flight from prosecution.

“The applicant asserts that the charges are a smoke screen,” read the bail papers.

The lawyers contended that Mubaiwa was not a danger to society and that she had no capacity to interfere with witnesses, who are State security personnel and her husband who is a former General.

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