Tuesday, 30 November 2021

TWO DOCS : MARRY FIT FOR TRIAL

The trial of Vice President Constantino Chiwenga’s estranged wife Marry Mubaiwa will kick off on December 6 after two medical doctors who examined her indicated that she was mentally fit to follow court proceedings.

Mubaiwa recently underwent psychiatric evaluation during her committal to prison hospital.

She is facing numerous charges before the court, including attempting to kill VP Chiwenga, money laundering and assaulting her children’s minder.

The State led by Mr Tafara Chirambira applied for a postponement of the matter to December 6 saying trial should kick off that very day as two reports from doctors Moses Madau and Itai Macheka unanimously found Mubaiwa fit.

However, Mubaiwa’s lawyer Ms Beatrice Mtetwa opposed the two reports indicating that the two doctors did not disclose their qualifications of specialty.

“On the first medical report from Dr Madau, we are not told of his qualifications to examine the accused’s state of mind,” she said.

She also said that the two doctors indicated that the accused was aware of the time and date, but questioned if that showed one’s mental fitness to stand trial.

“We don’t know the qualifications of Dr Macheka other than the basic medical degree. We are not told of any other special qualifications to examine the accused’s state of mind,” said Ms Mtetwa.

She said the court could not rely on an unapplicable report based on an unapplicable section.

“Your Worship, what you have are reports done under the wrong Act as stated by the High Court.

“We would like the doctors to come and testify on these reports. It boggles the mind why any proper justice system wants to try someone who is not well,” she said.

In his ruling, Harare magistrate Mr Lazini Ncube said one doctor Fungisai Mazhandu indicated that Mubaiwa was not mentally fit to stand trial and two others said the opposite.

“The court is guided by the findings of the two doctors. Therefore, the matter is postponed to December 6 for trial commencement,” he said. Herald

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