Her lawyer, Mrs Beatrice Mtetwa, filed the application.
A permanent stay of prosecution is a court order that
prevents a trial from continuing. It is a drastic remedy that is only granted
in certain circumstances, based on a case-by-case analysis.
“The applicant hereby applies for a permanent stay of her
prosecution in Case No. ACC 95/19,” reads the application.
Mrs Mtetwa said there has been an inordinate and
unreasonable delay in the completion of the criminal proceedings.
“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,” read the application.
The State sought a postponement of the matter for it to go
through the application for permanent prosecution filed by the defence.
The presiding magistrate, Mrs Feresi Chakanyuka deferred
the matter to November 22 for ruling.
During previous sittings, former Health and Child Care
Deputy Minister Dr John Mangwiro who was a witness told the court that whenever
Mubaiwa walked into the room in which Vice President Constantino Chiwenga was
admitted, he would become unconscious even though he was awake before her
arrival.
Dr Mangwiro said the complainant’s health would start
deteriorating each time he was brought back to his house.
“Each time we took the complainant out of the country for
medication, he would come back home well,” he said.
“However he would start deteriorating when he got back
home. I don’t know what was happening.”
Dr Mangwiro said Mubaiwa would kick everyone out of the
VP’s hospital room.
At one point, she refused to take the complainant to the
hospital and opted to take him to a hotel.
“As the complainant was being taken to the hospital, the
accused once opted for a hotel. I told her it was dangerous but she said the
complainant wanted to rest,” said Dr Mangwiro. Herald
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