By A Correspondent | ZimEye | Top Harare lawyer, Beatrice Mtetwa has blamed prosecution for stalling progress in a matter Marry Mubaiwa, vice president Constantino Chiwenga’s former wife is seeking permanent staying of her prosecution because of her ill health.

Mubaiwa last year approached the High Court seeking relaxation of her trial.

She made the same request at the lower court where magistrate Feresi Chakanyuka trashed her application, ruling that the former model is to blame for delaying her trial.

In a latest update, Mtetwa said the state has failed to upload documents that parties agreed with regards to a directive by the presiding judge, Pisirayi Kwenda who ordered some investigations before he decides whether Mubaiwa’s prosecution should be stopped or not.

As a result, the court could not sit on Wednesday.

Mtetwa told journalists that the court will now sit this Friday for the judge to be updated on where the investigations are.

“There was a case management today where there will be an update on the investigations which the judge said was necessary to be done before he can decide whether or not our application of permanent stay should succeed or not.

“So when we were last in court he said we should agree that investigation should proceed, and we exchanged correspondence and agreed on the issues and sent the issues to the prosecution department on 12 of December.

“Unfortunately for some reason they did not upload it or scan and send to the judge although it was an agreed document.

“So we are coming back on Friday 10 so that the judge can be updated on where we are with that process,”Mtetwa said in an interview.

Late last year Mtetwa applied for permanent stay of her prosecution submitting that she is always sick.

The model who is battling lymphodema had two of her limbs, the right hand and left leg amputated last year.

Her lawyer said her client is always in and out of hospital because of her condition.

She is on trial for attempting to kill the former Army General when he was sick and admitted at a hospital in South Africa.

Mubaiwa is also facing money laundering charges but her criminal cases have taken long due to her poor health.

Her lawyer said it would be best if her prosecution is stayed because the former model cannot even give her instructions.

A similar request was also made at the High Court.

Mtetwa insisted that her client has rights to a fair hearing and cannot be subjected to the dock in her current condition.

“Applicant cannot fully enjoy the right to a fair hearing which I am advised includes the right to be physically and mentally capable to follow the full proceedings, the capacity to give instructions to one’s legal representative throughout the proceedings and if put on her defence , the right to cogently testify on the issues raised in evidence and to generally give her version of events.

“I am able to say that the applicant is currently unable to fully exercise all of those rights due to all the issues I have raised above. In particular, I point out that with regards the money laundering case, the State papers were provided to the defence when the applicant was already on heavy medication, had already lost a limb and was trying to avert the loss of her leg.

“Consequently, she has been unable to give instructions on the documents supplied by the State in November, 2023 with the result that her legal team only has general instructions from the period of her arrest when no document had been provided save for the general allegations given on remand,” Mtetwa said.

Mtetwa had said it would be in the interest if justice if her client is given a break adding that the court has the inherent power to terminate uncompleted proceedings where exceptional circumstances exist and where continuation of the proceedings would result in miscarriage of justice and would be incapable of being redressed in any other manner.- ZimEye