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Marry Mubaiwa back in court

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Marry Chiwenga-Mubaiwa

Marry Mubaiwa back in court. Former model Marry Mubaiwa was back in court yesterday where she was ordered to present herself before the Parirenyatwa Hospital medical superintendent so that it can be verified that indeed she was unwell to stand trial.

This ruling by regional magistrate Noel Mupeyiwa followed an application by Mubaiwa’s lawyer Beatrice Mtetwa to have the matter postponed by two months because of ill health, an application that was opposed by the State. “Your worship you will remember that when the matter last came before you it was remanded to this date to check on her progress and her health has not improved at all she’s coming from hospital and has been operated on in both her right leg and arm.

“She is still under heavy medication for pain and will be going back to the hospital where she is admitted and has to have a similar operation on her left limb and our projection is that we need another two months before she can be able to participate in a trial with all senses.

“The court can independently verify that and her doctor, Dr Muchiwetu who has been attending to her can also be contacted at the Health Point for independent verification that she is still admitted there so we pray that she be remanded to a period two months from now in the hope that her condition will allow her to stand trial,” said Mtetwa.

The State represented by Netsai Mushayabasa opposed the application arguing that the State is ready for trial and no evidence had been tendered before the court to state that she is not fit to stand trial. “You would note from the court that the state has been ready for trial and there’s no evidence that has been tendered before the court to state that she is not fit to stand trial.

“There’s need of evidence maybe in the form of an affidavit showing that she’s not fit to stand trial. Us as the state we are ready for trial and we are opposed to the application in the absence of any proof,” said Mushayabasa. Mtetwa said Mubaiwa could undo her bandages so that court could see.

“We are quite happy for her to undo the bandages so that the injuries can be seen it’s not possible to fake her condition the insensitive suggestion that she’s faking or lying can be disproved by her physical conditions if she removes her bandages on her thighs and arm,” said Mtetwa in response.

In his ruling, magistrate Mupeyiwa said, “I have noted that in the previous decisions it was not argued whether she was unwell or not but today State raised concern that there is need for documentary evidence.

“She looks unwell as she is before me and it’s important that court intervenes and give an order which should be complied with by the doctors or else they will be in contempt of court; it’s not in the interest of justice to force someone to go through trial while they are unwell.

“The court orders the medical superintendent at Parirenyatwa hospital that she’s examined after she has presented herself and they produce a report whether she’s fit to stand trial and also the amount of time required for her to reach a condition where she can stand trial,” he said.

Mubaiwa was ordered to return to court on October 6.

Source – H-Metro

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