Chiwenga’s Ex-Wife Mary Mubaiwa Seeks Permanent Stay of Prosecution

Mary Mubaiwa, the former spouse of Zimbabwe’s Vice-President Constantino Chiwenga, has submitted a formal request for a permanent stay of prosecution. The request concerns her alleged attempted murder charge, where she is accused of trying to end Chiwenga’s life by disconnecting his life support while he was hospitalized in South Africa.

Mubaiwa’s legal representative, Mrs. Beatrice Mtetwa, has filed the application under Case No. ACC 95/19, arguing that the prolonged delays in this case violate the principles of justice. Mrs. Mtetwa contends that the ongoing proceedings have been unreasonably prolonged, and that continuing the case under these conditions would be unjust.

The application requests the court to grant a permanent stay of prosecution, which would effectively bring the trial to an end. This type of stay is a legal measure taken in exceptional cases, typically where there are extensive delays or if the defendant’s health is compromised.

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Mubaiwa’s Health Complications

Mary Mubaiwa seeks permanent stay of prosecution-Image Source@X

According to the submitted documents, Mubaiwa’s health has worsened significantly. Her lawyer, Mrs. Mtetwa, highlighted this deterioration, stating,

“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.”

Mubaiwa’s current health status reportedly complicates her ability to participate in the proceedings, further emphasizing the need for a permanent stay of prosecution.

Legal Proceedings and Delays

The case has encountered numerous delays, with repeated postponements over the years. During a recent court session, the State requested additional time to evaluate Mubaiwa’s application for a permanent stay. Magistrate Mrs. Feresi Chakanyuka has scheduled a ruling on this application for November 22.

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Previous Testimonies on Chiwenga’s Health

During earlier hearings, former Deputy Minister of Health, Dr. John Mangwiro, provided critical testimony regarding Chiwenga’s health condition during his hospitalization. Dr. Mangwiro claimed that Chiwenga’s health would unexpectedly decline whenever Mubaiwa was present, although he was reportedly conscious prior to her arrival.

Dr. Mangwiro also noted instances where Mubaiwa allegedly refused to take Chiwenga to the hospital, opting instead for alternative arrangements. According to Dr. Mangwiro’s testimony, Mubaiwa purportedly suggested taking Chiwenga to a hotel, despite medical advice warning of the potential dangers associated with this choice.

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