VICE-PRESIDENT Constantino Chiwenga’s ex-wife Marry Mubaiwa has filed an application for permanent stay of prosecution in a matter where she is facing attempted murder charges.
The application was filed before Harare regional magistrate Feresi Chakanyuka in Harare yesterday.
Mubaiwa is facing a charge of attempting to kill Chiwenga after she allegedly unplugged his life support system at a South African hospital.
In an application filed by her lawyer Beatrice Mtetwa, Mubaiwa argued that there had been an inordinate and unreasonable delay in the completion of the criminal proceedings due to unstated reasons she is not responsible for.
The application indicated that Mubaiwa’s health has materially deteriorated to an extent that it would not be in the interests of justice to persist with the criminal prosecution.
The defence further submitted that Mubaiwa's health continues to deteriorate hence she is more in hospital than out.
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Mubaiwa once failed to navigate the court steps while at some point she was brought to court by ambulance and taken to court on a stretcher.
Mtetwa said Zimbabwe’s justice system was callous, inhumane and lacked empathy.
She further indicated that Mubaiwa had to be carted around in ambulances in 2022 while the court refused to allow postponement in the absence of medical reports although it was visibly clear that she was gravely unwell.
The State asked for postponement of the matter to go through Mubaiwa’s application.
During previous sessions, former Health and Child Care deputy minister Dr John Mangwiro told the court that whenever Mubaiwa walked into Chiwenga’s room he would become unconscious even though he was awake before her arrival.
Mangwiro said this while being cross-examined by Mtetwa.
He said the complainant’s health would deteriorate each time he was brought back to his house.
The witness said Mubaiwa was so powerful that she would kick everyone out of the hospital room. At one point, she allegedly refused to take the complainant to hospital, instead, opting to take him to a hotel saying she wanted to rest.
The matter was deferred to November 22 for ruling.