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False start to Marry Mubaiwa’s trial

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False start to Marry Mubaiwa’s trial. Marry Mubaiwa is accused of misrepresenting to the judge president George Chiweshe and the then Chief Magistrate Munamato Mutevedzi that her former husband Vice President Chiwenga wanted to have their marriage solemnized and she appeared before magistrate Lazini Ncube.

The trial of former model Marry Mubaiwa failed to kick off yesterday after her lawyer made an application to have her medically examined for the second time following a report that she is physically fit to stand trial.

On one of her previous appearance before Harare magistrate Noel Mupeyiwa, an order was given for Marry to present herself before Parirenyatwa Hospital medical superintendent to medically examined if she is fit for trial.

A medical report prepared by Dr Simukai Chawira was presented before Harare magistrate Ncube and it was the doctor’s findings that her physical condition doesn’t inhibit her from physically standing trial.

In the report that H-Metro had sight of, Dr Chawira said upon examination he noted that Mubaiwa walked into the ward with an aide by her side, she was pink, had no lymphadenopathy, no jaundice, bilateral oedema on both feet extending to the knee on the left side. He added that he observed that her heart beat was normal, no respiratory distress, multiple healed scars on the hand and forearm, a healed skin graft on the arm and a healed wound on the thigh.

Mubaiwa’s lawyer called the doctor to the witness stand to make clarifications on the medical report. The cardiovascular and thoracic surgeon Chawira told the court that Mubaiwa exhibited no signs of mental disorder even though she is taking four mind altering drugs, which are mostly taken at night before going to bed.

Mtetwa then made a prayer to the court to have the trial deferred further to allow her client to be in a sound state of mind. “The position of the defence is that she be allowed to be in a proper frame of mind to withstand trial unfortunately it appears that the doctor wrote more about the physical in the report

“Your worship will be aware that a trial is a battle of wits and that one has to be mentally fit to stand trial the physical can be catered for if the court allows her to sit down but the most critical is the mental state. “Section 69 of the constitution talks about the right to a fair hearing that right necessarily includes the right to be in a proper frame of mind to fully follow the proceedings and to fully comprehend the meaning of what each witness is saying and to be in full senses to participate in those proceedings.

“Section 70 sub section 1 8 give entitlement to an accused the right to challenge adduced evidence and to be able to do that your worship one has to be in their absolute full senses not altered by any drugs and here we are talking about six drugs four of which are mind altering,” she said.

In response to submissions made by Mtetwa, Michael Reza on behalf of the State said the defence was showcasing a classing show of an after thought and if they wanted Mubaiwa to be examined, they would proceed with the mental health act that would see her being committed into prison and examined by two government psychiatrists.

Mtetwa objected and when magistrate Ncube inquired who Mtetwa deemed fit to mentally examine her client she said, “I think a toxicologist will be best placed to examine the effects of the quantities of the medication shes taking on her mind.”

The matter was remanded to October 15 for the ruling. The State is alleging that Mubaiwa made false misrepresentations to Judge President George Mutandwa Chiweshe that Vice Presidenty Chiwenga had consented to wed under the marriage act 5:11 at their place of residence.

Justice Chiweshe reportedly then contacted the then acting chief magistrate Munamato Mutevedzi who prepared for the ceremony and decided to preside over it as the highest ranking marriage officer after copies of national documents of the couple were sent to him.

Mutevedzi is said to have noticed that passport sized photos were missing and he contacted JSC secretary Walter Chikwanha who contacted Mubaiwa with the request and the documents were brought.

Mutevedzi went to the house with the special marriage licence but was denied entry but was denied access and he later cancelled the completed marriage certificate to show that it did not take place.

Source – H-Metro

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