Mubaiwa’s Murder Trial Delayed As Defence Underwent Surgery

The trial of Marry Mubaiwa, the former wife of the Vice President Constantino Chiwenga on attempted murder charge was postponed after a Lawyer who was standing in for Beatrice Mtetwa said, Mtetwa will not be available because she underwent a surgery.

Mubaiwa is facing allegation of attempting to kill Chiwenga while he was at a South African hospital three years ago.

State had advised Mubaiwa to find another defence counsel since Mtetwa will not be available and the State added that the postponement of the trial by the defence counsel is a ploy to delay the matter.

However, Ryan Sthothombe who was standing in for Mtetwa argued that Mubaiwa has a right to be represented by a lawyer of her choice.

“The reason for the proposed date is reasonable especially considering that the medical records placed before you confirming the leg surgery, surely it cannot he a ploy by the defence to delay the matter when in fact there is a record that shows that she underwent a medical surgery.

“In light of the Constitution and High Court decision makes it clear that what is being asked for by the state to order the accused to find another representative is not only illegal but unconstitutional. Your role is paramount in safeguarding the rights enshrined in the constitution – the right to a fair trial and right to be represented by a lawyer of choice.

“It would have been different if there was no record that showed that the accused had a leg surgery in December.

The state also argued that the defence did not submit the documents of the review dates.

“It is clear that the defence has not taken the court into its confidence instead of making bold and unsubstantiated claims that council of choice will be in South Africa for review. No documents for the review have been given to the court

“We have supplied a letter confirming that Ms Mtetwa will not be available due to review and further management. We undertake as indicated to address a letter attaching all the review and further management.

“My learned brother indicated that they had to subpoena the witnesses who were occupied with other business.

“You are entitled to propose or make a decision which will led to an early postponement.What good will it be to bring the witnesses when the accused’s representative will not be available. I suggest the 13 of March and that the matter be placed in continuous roll. We would not suggest to place it on continuous roll if it was indeed a ploy to postpone the matter.”

The State later proposed for the postponement of trial commencement of the 16^th and 17^th of February.