MARRY CASE : STATE TO TENDER DECEASED STATEMENT

THE trial of former top model Marry Mubaiwa, who is facing fraud charges, resumed yesterday with the State applying to tender a statement from a witness, who passed away.

Mubaiwa appeared before Harare magistrate, Lazini Ncube.

The State, represented by Tafara Chirambira, applied to tender a statement from jeweller Micheal Louizidiz, who made the rings, which were meant for Mubaiwa’s wedding.

“The court will note that Section 255 of the Criminal Procedure and Evidence Act deals with admissibility in criminal cases of evidence of absent witnesses, in certain circumstances, and where an oath is provided to the satisfaction of the court.

“This application is made if a witness is dead, or incapable of giving evidence, in the trial.

“This court has the discretion to accept the evidence of a witness, who has passed away.

“When this matter was being investigated, the investigation officers obtained a statement from a character by the name Micheal Louizidiz in preparation of trial, and the State intended to lead evidence from that witness.

“The intention is mentioned in the State outline, making reference to what the State anticipated would come out of his evidence,” said Chirambira.

Mubaiwa’s lawyer, Beatrice Mtetwa, opposed the application arguing that the State misread the Section of the law and it would be prejudicial for Mubaiwa to have an unsworn statement tendered as evidence. H Metro

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